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2012 City Council Official Proceedings Book 142OFFICIAL PROCEEDINGS of the CITY COUNCIL for the CITY OF DUBUQUE, IOWA �-- 2012 --_. Approved December 16, 2013 Recorded and prepared by Kevin S. Firnstahl, CMC, City Clerk Trish L. Gleason, CMC, Assistant City Clerk CITY OFFICERS FOR THE YEAR 2012 ROY D. BUOL MAYOR COUNCIL MEMBERS RIC W. JONES DAVID T. RESNICK KEVIN J. LYNCH KARLA A. BRAIG JOYCE E. CONNORS LYNN V. SUTTON COUNCIL MEMBER AT -LARGE COUNCIL MEMBER AT -LARGE COUNCIL MEMBER FIRST WARD COUNCIL MEMBER SECOND WARD COUNCIL MEMBER THIRD WARD COUNCIL MEMBER FOURTH WARD CITY OFFICERS FOR THE YEAR 2012 COUNCIL APPOINTEES CITY MANAGER MICHAEL C. VAN MILLIGEN CITY CLERK KEVIN S. FIRNSTAHL CITY ATTORNEY BARRY A. LINDAHL DEPARTMENT MANAGERS ASSISTANT CITY MANAGER CYNTHIA M. STEINHAUSER AIRPORT MANAGER ROBERT A. GRIERSON BUDGET DIRECTOR JENNIFER M. LARSON BUILDING SERVICES MANAGER RICHARD R. RUSSELL CITY ENGINEER GUS N. PSIHOYOS ECONOMIC DEVELOPMENT DIRECTOR DAVID J. HEIAR FINANCE DIRECTOR KENNETH J. TEKIPPE FIRE CHIEF E. DANIEL BROWN HOUSING AND COMMUNITY DEVELOPMENT DIRECTOR... DAVID W. HARRIS (JANUARY -JUNE) ALVIN L. NASH (JUNE- DECEMBER) HUMAN RIGHTS DIRECTOR KELLY R. LARSON INFORMATION SERVICES MANAGER CHRISTINE A. KOHLMANN LEISURE SERVICES MANAGER MARIE L. WARE LIBRARY DIRECTOR SUSAN A. HENRICKS PERSONNEL MANAGER RANDALL K. PECK PLANNING SERVICES MANAGER LAURA B. CARSTENS POLICE CHIEF MARK M. DALSING PUBLIC HEALTH SPECIALIST MARY ROSE CORRIGAN PUBLIC WORKS DIRECTOR DONALD J. VOGT WATER DEPARTMENT MANAGER ROBERT M. GREEN WATER POLLUTION CONTROL MANAGER JONATHAN R. BROWN Regular meetings of the City Council were held on the first and third Monday of each month (Tuesday pending holidays) at 6:30 p.m. in the Historic Federal Building. Book 142 Regular Session, January 3, 2012 1 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS REGULAR SESSION The session Historic Dubuque City Council met in regular at 6:30 p.m. on January 3, 2012 in the Federal Building, 350 W. 6th Street. Present: Mayor Buol (via phone), Mayor Pro -Tem Jones; Council Members Braig, Con- nors, Lynch, Resnick, Sutton; City Manager Van Milligen, City Attorney Lindahl PLEDGE OF ALLEGIANCE MOMENT OF SILENCE SWEARING IN Mayor Pro -Tem Ric Jones swore in god Ward City Council Member Karla Braig and At- Large City Council Member David Resnick. PROCLAMATION Martin Luther King, Jr. Day (January 16, 2012) was accepted by Mary Ann Conzett on behalf of the Faces and Voices. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Resnick. Motion carried 7 -0. Minutes and Reports Submitted: City Council Proceedings of 12/19, Housing Code Appeals Board of 11/15, Transit Advisory Board of 12/8; Library Board of Trustees Up- date from meeting of 12/14; Proof of Publica- tion for City Council Proceedings of 12/5. Upon motion the documents were received and filed. Notice of Claims and Suits: Daniel Davis for vehicle damage, Jeffrey Glenn Holt for per- sonal injury, Joseph Jacobsmeier for vehicle and property damage, Ron and Diane Streif for vehicle damage, Wulfekuhle Injection and Plumbing for materials and labor. Upon motion the documents were received, filed and re- ferred to the City Attorney. Disposition of Claims and Suits: City Attor- ney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: Joseph Jacobsmeier for proper- ty and vehicle damage. Upon motion the doc- uments were received, filed and concurred. Special Assessment - 1104 Riverview Street: City Manager recommending approval to assess $11,915.36 to the property at 1104 Riverview, for demolition, water service re- moval, weed removal and publication of notice in the Telegraph Herald. Upon motion the doc- uments were received and filed and Resolution No. 1 -12 Adopting the Schedule of Special Assessment for a lien against the property at 1104 Riverview Drive and directing the City Clerk to certify the Schedule of Assessment to the County Treasurer and to publish notice thereof was adopted. RESOLUTION NO. 1 -12 ADOPTING THE SCHEDULE OF SPECIAL ASSESSMENT FOR A LIEN AGAINST THE PROPERTY AT 1104 RIVERVIEW DRIVE AND DIRECTING THE CITY CLERK TO CERTIFY THE SCHEDULE OF ASSESS- MENT TO THE COUNTY TREASURER AND TO PUBLISH NOTICE THEREOF NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the Sched- ule of Assessments attached hereto for non- payment of assessments applied by Section 14 -3 -4 of the City Code which Schedule of Assessments was filed in the office of the City Clerk on the 16th day of December, 2011, the said Schedule of Assessments be and the same is hereby approved and adopted. That there be, and is hereby assessed and levied as a lien upon the real property, the respective sums indicated. That the City Clerk be and is hereby di- rected to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publi- cation of which shall be not more than fifteen days from the date of filing of the final sched- ule. On or before the date of the second publi- cation of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the Utility Billing Office, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after the date of the first publication of the notice of the filing of the Schedule of Assessments with the County Treasurer. After 30 days, unpaid assessments are payable at the County Treasurer's Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and charges shall be collected in the same manner as general property taxes against the respective parcels of the property set opposite the name of the property owner. 2 Regular Session, January 3, 2012 Book 142 Passed, approved and adopted this 3rd day of January, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 1104 RIVERVIEW DRIVE SCHEDULE OF ASSESSMENTS 1. Telegraph Herald, Notice and Order of Demo, $30.36 2. Ted Stackis Construction, Deconstruc- tion, $8,950.00 3. Drew Cook & Sons, Disconnect water service, $2,865.00 4. City of Dubuque Housing, Weed remov- al $70.00 Total, $11,915.36 Request for Proposals - 9th & 11th Streets One -Way to Two -Way Conversion and Down- town Traffic Analysis: City Manager recom- mending issuance of a Request for Proposal (RFP) to seek qualified firms interested in providing professional services for the 9th Street & 11th Street One -Way to Two -Way Conversion. This will also include a compre- hensive downtown traffic study. Upon motion the documents were received, filed, and ap- proved. Transportation, Community and System Preservation Program (TCSP) Application: City Manager recommending approval to submit a grant application for a $600,000 grant from the Transportation, Community and System Preservation Program to assist in the cost of converting 9th and 11th Streets from one -way to two -way streets. Upon motion the docu- ments were received, filed, and approved. Final Plat - Liberty Subdivision: Zoning Ad- visory Commission recommending rescinding Resolution No. 310 -11 and re- approval of the Final Plat of Liberty Subdivision. Upon motion the documents were received and filed and Resolution No. 2 -12 Authorizing the re- approval of the Final Plat of Liberty Subdivi- sion of the City of Dubuque, Iowa, was adopt- ed. RESOLUTION NO. 2 -12 AUTHORIZING THE RE- APPROVAL OF THE FINAL PLAT OF LIBERTY SUBDIVISION IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Liberty Subdivision in the City of Dubuque, Iowa; and Whereas, upon said final plat appears a street to be known as Mya Rose Court (Lot A) and Liberty Avenue (Lot B) together with cer- tain public utility, and storm sewer easements and storm water detention facilities (Lot C and Lot D), which the owner by said final plat has dedicated to the public forever; and Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said final plat has been reviewed by the City Planner and had her approval en- dorsed thereon; subject to the owner's agree- ing to the conditions noted in Section 3 below; and Whereas, said final plat has been exam- ined by the City Council and they find that it conforms to the statutes and ordinances relat- ing to it, except that streets and public utilities have not yet been completely constructed or installed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Resolution 310 -11 is here- by rescinded. Section 2. That the dedication of Mya Rose Court (Lot A), Liberty Avenue (Lot B), deten- tion facilities (Lot C and Lot D) and the ease- ments for public utilities and storm sewer, as they appear on said final plat, be and the same are hereby accepted; and Section 3. That the Final Plat of Liberty Subdivision is hereby approved by the Mayor and City Clerk are hereby authorized and di- rected to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute their written acceptance hereto at- tached agreeing: (a) To reduce Mya Rose Court (Lot A) to grade and to construct longitudinal sub - drain, with concrete paving with integral curb, all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, in conformance with con- struction improvement plans approved by the City Engineer, and inspected by the City Engi- neer. (b) To install sanitary sewer main and sewer service laterals into each individual lot, water main and water service laterals into each individual lot, storm sewers and catch basins, street lighting with all appurtenances, and erosion control devices all in accordance with the City of Dubuque standard specifica- tions, all in a manner acceptable to the City Engineer. (c) To connect storm water facilities to an approved storm water detention facility in a manner acceptable to the City Engineer, in accordance with the City of Dubuque standard specifications and in accordance with con- struction improvement plans, and inspected by the City Engineer. (d) To construct said improvements, prior to the two (2) years from the date of ac- ceptance of this resolution, at the sole ex- Book 142 Regular Session, January 3, 2012 3 pense of the owners, or future owner. (e) To maintain the public improvements, for a period of two (2) years from the date of the acceptance of those improvements by the City Council of the City of Dubuque, Iowa, at the sole final expense of the owners, or future owner. And, further provided that said Graceland, LLC, as owners of said property, shall secure the performance of the foregoing conditions provided in this Section by providing guaran- tees in such form and with such sureties as may be acceptable to the City Manager of the City of Dubuque, Iowa. Section 3. Sidewalk installation shall be the responsibility of the owner abutting the public rights -of -way, including lots with multiple frontages, as required by City Code 10 -1 -2. Section 4. The maintenance expenses in- curred by the City of Dubuque for the storm water detention facilities on Lot C and Lot D Liberty Subdivision shall be assessed against the lot owners of Liberty Subdivision, except the City of Dubuque, as indicated in the final plat, in equal amounts, and the City Manager shall certify such costs to the City Clerk, who in turn shall promptly certify such costs to the Dubuque County Treasurer, and such costs shall then be collected with and in the same manner as general property taxes in accord- ance with provisions of law. Section 5. That the final acceptance of the public improvements shall occur upon certifica- tion of the City Engineer to the City Council that the public improvements have been com- pleted in accordance with the approved im- provement plans and City standards and spec- ifications and accepted by City Council Reso- lution. Section 6. That in the event Graceland, LLC, fails to execute the acceptance and fur- nish the guarantees provided in Sections 2 and 3 hereof within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedi- cation and approval the plat shall not be effec- tive. Passed, approved and adopted this 3rd day of January, 2012. Ric W. Jones, Mayor Pro -Tem Attest: Kevin Firnstahl, City Clerk Healthcare Analytics Proposal for Actuarial Services: City Manager recommending ap- proval of the acceptance of the Proposal for Actuarial Services for the City of Dubuque prepared by Healthcare Analytics to negotiate reimbursement arrangements for Finley and Mercy Hospitals and authorization for the City Manager to sign the Proposal Memorandum. Upon motion the documents were received, filed, and approved. Approve Acquisition of Police K9 and Ac- cept Grant from K9s 4COPS: City Manager recommending acquisition of Police K9 and acceptance of a grant from K9s 4COPS. Upon motion the documents were received, filed, and approved. 2012 Federal Legislative Priorities: City Manager requesting adoption of the 2012 Federal Legislative Priorities. Upon motion the documents were received, filed, and approved. Sustainable Dubuque Monthly Report - December 2011: City Manager submitting the Sustainable Dubuque Monthly Report for De- cember 2011. Upon motion the documents were received and filed. Housing Code Appeals Board: Commis- sioner Bill Kinsella submitting his resignation from the Housing Code Appeals Board. Upon motion the document was received and filed and the resignation accepted. Delinquent Grass and Weed Cutting and Garbage Collection Accounts: City Manager recommending adopting of a resolution author- izing the City Clerk to certify the grass and weed cutting and garbage collection charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. Upon motion the documents were received and filed and Resolution No. 3- 12 Authorizing the City to collect delinquent grass and weed cutting and garbage collection charges in accordance with Title 6 -6- 3C2o; Title 6 -6 -4B3 & Title 6 -6B of the Code of Ordi- nances of the City of Dubuque, Iowa, was adopted. RESOLUTION NO.3 -12 AUTHORIZING THE CITY TO COLLECT DE- LINQUENT GRASS AND WEED CUTTING AND GARBAGE COLLECTION CHARGES IN ACCORDANCE WITH TITLE 6 -6 -3C2o; TITLE 6-6-4B3 & TITLE 6 -6B OF THE CODE OF ORDINANCES OF THE CITY OF DUBU- QUE, IOWA Whereas, residential properties in the City of Dubuque are considered substandard if any conditions exist to an extent that endanger life, limb, health, property, safety or welfare of the public or the occupants thereof; and Whereas, whenever in the judgment of the Housing Officer, a nuisance that is "palpably and indisputably such" exists which requires immediate action to protect the public health, safety or welfare of the public, the Housing Officer may order the emergency abatement of such; and Whereas, delinquent grass and weed cut- ting and garbage collection charges shall be certified by the City Clerk to the Dubuque County Treasurer for collection with, and in the 4 Regular Session, January 3, 2012 Book 142 same manner as general property taxes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the persons listed on the at- tached GrassNVeed /Garbage Assessment Schedule are delinquent in the payment of grass and weed cutting and garbage collection Charges. Section 2. That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named on the attached GrassNVeed /Garbage Assessment Schedule are delinquent in the payment of grass and weed cutting and garbage collection charges in the amount set aside of the respective names, and that said amounts shall be collect- ed in the same manner as general property taxes against the respective parcels of proper- ty set opposite the names of the owners. Passed, approved and adopted this 3rd day of January, 2012. Ric W Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk Schedule Of Assessments Delinquent Grass And Weed Cutting And Garbage Collection Charges Dubuque Property Mgmt 8505 Southern Hills Court Dubuque IA 52003, Lots 46 -50 and Lot 2 of 51 Lennox Add, unknown, $450.00, grass, weeds and garbage Judith Ann Beecher 55 Milwaukee St. Dubuque IA 52001, 55 Milwaukee, 1014228013, $215.00, garbage Mark A Morrison 1825 Shoreline Drive #314 Alameda CA 94501, 1356 Elm St, 1024432007, $110.00, garbage Ryan Neuhaus 2535 Coates Street Dubu- que IA 52003, 355 Kaufmann, 1024127031, $300.00, grass and weeds Janice Weis 400 E 22nd St Dubuque IA 52001, 400 E 22nd, 1024211001, $1,120.00, grass, weeds and garbage Bryan R Glanz /Brianne S Roddick 1305 N Grandview Avenue Dubuque, IA 52003, 2995 Hillcrest, 1022338001, $105.00, garbage Kevin D and Sarah E Halfhill 1825 Wood St. Dubuque IA 52001, 1801 Lincoln, 1118133008, $205.00, grass and weeds Laird Properties Ltd 3960 Cedar Heights Court Dubuque IA 52002, 909 Rhomberg, 1013477015, $70.00, garbage Greg A Prehm 8505 Southern Hills Court Dubuque IA 52003, 574 Chestnut, 1024381006, $140.00, garbage JBM Enterprises LLC 14186 Dietz Drive Dubuque IA 52002, 625 Rhomberg, 1013487012, $175.00, garbage Jesse J Rans 125 Kayle Drive Manchester IA 52057, 2008 Foye, 1024177022, $250.00, grass and weeds Michael D Voss 1280 Cleveland Avenue Dubuque IA 52003, 1280 Cleveland, 1025361012, $930.37, garbage Andrew M and Shannon R Schneider 2065 Deborah Drive Dubuque IA 52001, 1821 Rhomberg, 1118134011, $265.00, grass and weeds Jody L Lenstra 817 7th Street Dike IA 50624, 1903 Grace, 1026210007, $120.00, grass, weeds and garbage High Performance Properties 8505 South- ern Hills Court Dubuque IA 52003, 1592 Iowa, 1024403002, $1,030.00, grass, weeds and garbage Daniel J Seifker 1838 Central Avenue Dubuque IA 52001, 1838 Central, 1024256005, $100.00, garbage Michelle Scott 607 W 8th Street Dubuque IA 52001, 607 W 8th, 1025130023, $115.00, grass and weeds Dale B and Linda J Walker 1271 Lakeside Drive #3127 Sunnyvale CA 94085, 830 Val- entine, 1035305004, $295.00, grass and weeds Secy Housing & Urban Dev 210 Walnut Street Des Moines IA 50309, 1603 Washing- ton, 1024268021, $205.00, grass and weeds Thomas J and Martha J Blake 115 Skyline Drive Guttenberg IA 52052, 215 E 22od 1024203023, $140.00, grass and weeds Nottingham Properties LLC 2115 Kennedy Road Dubuque, IA 52001, 1620 White, 1024267006, $350.00, grass, weeds and gar- bage Thomas E and Mona L Burbach 614 E 22nd Street Dubuque IA 52001, 230 E 15th 1024426004, $265.00, garbage BRP Properties LLC 8505 Southern Hills Court Dubuque IA 52003, 1118 White, 1024439006, $210.00, grass, weeds and gar- bage Henkels & Co Inc. Richard A Henkel 13912 Whistle Wind Lane Dubuque IA 52002, 1812 Central, 1024256008, $196.00, garbage Matthew J and Jeanne A Cottrell 1571 Washington Street Dubuque IA 52001, 1571 Washington, 1024281011, $175.00, grass and weeds Bon Vivant LLC do James/Kathy Bauerly 3500 Dodge Street #387 Dubuque IA 52003, 562 Almond, 1024177006, $150.00, garbage PNC LLC 2281 Hancock Avenue Eagle Grove IA 50533, 2512 Elm, 1013413009, $190.00, grass, weeds and garbage Wells Fargo Bank NA Trustee do Ameri- can Home Mortg Sery 4600 Regent Blvd Irving TX 75063, 1683 Wisconsin, 1027226015, $65.00, grass and weeds Jeffrey Welter 695 Kane Street Dubuque IA 52001, 695 Kane, 1014433014, $382.53, grass, weeds and garbage Book 142 Regular Session, January 3, 2012 5 Cottage Estates LC 3500 Dodge Street #387 Dubuque, IA 52003, 752 Cottage, 1023236006, $88.84, garbage Federal Natl Mortg Assoc P 0 Box 650043 Dallas TX 75265, 749 Wilson, 1025131004, $305.00, grass and weeds Scott Volz 1449 Jackson Street Dubuque IA 52001, 1449 Jackson, 1024409011, $95.00, grass and weeds US Bank NA %Wells Fargo Real Estate 1 Home Campus Macx2302 -04d Des Moines IA 50328, 1530 Jackson, 1024281006, $135.00, grass and weeds Wells Fargo Bank NA Tr. do Ocwen Loan Srv. #705573384 Box 24737 West Palm Beach FL 33416, 556 Clarke, 1024155052, $185.00, grass and weeds Fed Home Loan Mortg Corp 5000 Plano Pkwy Carrollton TX 75010, 705 W 3rd, 1 0251 8201 2, $210.00, grass and weeds Maurice Kirchberg 1228 Jackson Street Dubuque IA 52001, 1228 Jackson, 1024435011, $400.00, garbage High Performance Properties 8505 South- ern Hills Court Dubuque IA 52003, 1496 White, 1024409001, $230.00, garbage Ocean Rock Investments LC 1940 Amelia Drive Dubuque IA 52001, 4060 Peru, 1012176002, $260.00, garbage Dubuque Properties LLC 1805 State Street #103 Bettendorf IA 52722, 2076 Washington, 1024215001, $105.00, gar- bage Yankee 3 LLC 1664 Washington Street Dubuque IA 52001, 1527 Central, 1024403015, $85.00, garbage Property Investment Group LLC 605 Bluff Street #132 Dubuque IA 52001, 2134 Central, 1024207008, $150.00, garbage BRP Properties LLC 8505 Southern Hills Court Dubuque IA 52003, 1010 University, 1025106004, $250.00, garbage Larry E & Rhonda L Latham 1814 Jackson Street Dubuque IA 52001, 1814 Jackson, 1024258017, $95.00, grass and weeds Jackson Square Estates 3500 Dodge Street #387 Dubuque IA 52003, 1597 Wash- ington, 1024281008, $130.00, garbage Federal Natl Mortg Assn 13455 Noel Road, Suite 600 Dallas TX 75240, 1103 Thomas, 1013436009, $115.00, grass, weeds and gar- bage Scott Shaffer 502 E 15th Street Dubuque IA 52001, 2911 Jackson, 1013153017, $85.00, grass, weeds and garbage BM Properties LLC 8110 Southern Hills Circle Dubuque IA 52003, 765 Alpine, 1025105025, $160.00, garbage Teodoro Rubio 2630 Roosevelt Street Dubuque IA 52001, 836 Merz, 1013434008, $95.00, garbage Christopher Staebell 189 E 5th Sterling IL 61081, 693 Clarke, 1024108013, $95.00, grass and weeds Reed Ray & Rand LC do Bonjour Estates LC 3500 Dodge Street #387 Dubuque IA 52003, 925 Garfield, 1118353009, $70.00, garbage Thomas J & Martha J Blake 115 Skyline Drive Guttenberg IA 52052, 2301 White, 1024130012, $280.00, garbage BRP Properties LLC 8505 Southern Hills Court Dubuque IA 52003, 1490 Cornell, 1024334001, $255.00, grass, weeds and gar- bage Cary A & Debra J Mandelka 2660 Greeley Street Dubuque IA 52001, 2660 Greeley, 1013312003, $95.00, grass and weeds Joseph E Healey 2586 Crissy Drive Dubu- que IA 52001, 1010 Wilson, 1025104004, $215.00, garbage Antonio G Conley 2512 Broadway Street Dubuque IA 52001, 1104 Riverview, 1 01 3431 01 2, $70.00, grass and weeds Paul R & Kitty A George 710 Merz Street Dubuque IA 52001, 710 Merz, 1013454030, $100.00, grass, weeds and garbage Charles W & Lisa A Wehrspann 13150 Cir- cle Ridge Road Sherrill IA 52073, 3870 Creston, 1021352001, $175.00, grass, weeds and garbage Bijou Estates LC do Bonjour Estates 3500 Dodge Street #387 Dubuque IA 52003, 3070 Westmore, 1015382010, $70.00, grass and weeds Thomas P & Julie M Kane 11020 Lakeview Drive Dubuque IA 52003, 2735 Asbury, 1022254003, $115.00, grass and weeds Queck Capital Management P 0 Box 762 Dubuque IA 52004 - 0762,2219 Washington, 1024203014, $80.00, gar- bage Daniel M & Keri L Keller 481 Sherwood East Dubuque IL 61025, 2162 Washington, 1024210002, $55.00, garbage Stuart G Hoover 850 White Street Dubu- que IA 52001, 656 W 11th, 1024385007, $225.00, garbage William J Finn 1860 Heeb Street Dubuque IA 52001, 2010 Shelby, 1024134046, $85.00, grass and weeds Merlin J & Sandra L Meyer 340 Valley Street Dubuque IA 52001, 340 Valley, 1036202005, $95.00, grass and weeds Leroy P & Carol Ruden 412 4th Avenue SE Dyersville IA 52040, 1808 Grace, 1026251005, $70.00, grass and weeds Nathan B & Jennifer M Boyes 14130 Cy- press Point Dubuque IA 52002, 977 Cleve- land, 1025378004, $70.00, grass and weeds Curtis J Prado 2230 Francis Street Dubu- que IA 52001, 2230 Francis, 1024129011, $75.00, grass, weeds and garbage Sec Housing & Urban Dev do Michaelson, Connor & Boul 4400 Will Rogers Pkwy#300 6 Regular Session, January 3, 2012 Book 142 Oklahoma City OK 73108, 2224 Francis, 1 0241 2901 2, $120.00, grass, weeds and gar- bage Grand Estates LC do Bonjour Estates 3500 Dodge Street #387 Dubuque IA 52003, 145 S Grandview, 1026476026, $70.00, grass and weeds Richard Henry Then Testamentary Trust 4812 Then Road Bernard IA 52032, 2062 White, 1024213001, $85.00, garbage US Bank NA %Wells Fargo Real Estate 1 Home Campus Macx2302 -04d Des Moines IA 50328, 1494 Jackson, 1024426002, $120.00, grass and weeds OHP 17 LC 2920 Harrison Street Daven- port IA 52803, 326 W Locust, 1024329018, $65.00, grass and weeds Garden District Estates LC 3500 Dodge Street #387 Dubuque IA 52003, 75 W 24 h, 1013377049, $115.00, garbage Stacy L Rhone 2412 White Street Dubuque IA 52001, 2412 White, 1013379010, $290.00, grass, weeds and garbage Residential Funding Co do GMAC Mort- gage LLC 1100 Virginia Drive Fort Washington PA 19034, 1576 Locust, 1024336003, $190.00, grass and weeds Larry P & Cheryl A Conley 2512 Broadway Street Dubuque IA 52001, 2512 Broadway, 1013377008, $245.00, grass, weeds and gar- bage Helicon Resources LLC 800 Spring Street Suite 101 Galena IL 61036, 2404 White, 1013379013, $115.00, garbage Queck Properties LLC P 0 Box 762 Dubu- que IA 52004 -0762, 2410 White, 1 01 337901 1, $70.00, grass, weeds and gar- bage John F Fazio & Alicia K Hall 1469 Marjorie Circle Dubuque IA 52002, 1794 Delhi, 1026211002, $185.00, grass, weeds and gar- bage Mark W Quade 1122 Center Place Dubu- que IA 52001, 1118 Center, 1024357006, $230.00, grass, weeds and garbage F28 LLC do Jeffrey K Bair 514 Loras Boulevard Dubuque IA 52001, 514 Loras, 1024340001, $65.00, grass and weeds Christopher F Curfman 765 Kelly Lane Dubuque IA 52003, 82 Alpine, 1025303003, $80.00, grass and weeds William J Kelly Jr 911 Tressa Street Dubu- que IA 52003, 1711 W 3rd, 1026252025, $75.00, grass and weeds Mark P & Deborah A McDonough 10946 Mockingbird Drive Peosta IA 52068, 855 W 5th, 1025176005, $35.00, grass and weeds Aaron D & Brianna L Locke 321 Monroe Street Dubuque IA 52001, 321 Monroe, 1013310005, $205.00, garbage West Locust Properties LLC 800 Spring Street #101 Galena IL 61036, 460 W Locust, 1024179004, $70.00, grass and weeds GNP LLC 1700 Auburn Street Dubuque IA 52001, 1480 Cornell, 1024334003, $100.00, grass and weeds Tri -State Property Mgmt 485 Locust Street Dubuque IA 52001, 641 W 11th, 1 024381 01 8, $95.00, grass and weeds Robert J & Maribeth P Devereaux P O Box 684 Elk Grove Village IL 60009, 2850 Burling- ton, 1014428006, $331.00, garbage David A & Kathy M Dickey 2088 Humming- bird Drive Dubuque IA 52002, 1866 Jackson, 1024258003, $85.00, garbage 14th Street Properties LLC 800 spring Street #101 Galena IL 61036, 232 E 14th 1024430002, $100.00, garbage Nicholas J & Leann S May 910 Lincoln Av- enue Dubuque IA 52001, 910 Lincoln, 1013477005, $75.00, garbage Mardi Gras Estates LC 3500 Dodge Street #387 Dubuque IA 52003, 2586 Central, 1013376002, $65.00, garbage Nottingham Properties LLC 2115 Kennedy Road Dubuque IA 52002, 2006 Humboldt, 1013477018, $75.00, garbage PNC LLC 2281 Hancock Avenue Eagle Grove IA 50533, 1029 W 5th, 1025108018, $135.00, garbage Meyer Brothers of Dubuque LLP 205 Kaufmann Avenue Dubuque IA 52001, 2631 Washington, 1013330031, $170.00, grass and weeds Vacant and Abandoned Building and Prob- lem Property Assessments: City Manager rec- ommending adoption of a resolution authoriz- ing the City Clerk to certify the vacant and abandoned building and problem property charges to the Dubuque County Treasurer in order to establish real property liens for collec- tion of such charges. Upon motion the docu- ments were received and filed and Resolution No. 4 -12 Authorizing the City to collect delin- quent vacant and abandoned building and problem property charges in accordance with Title 6 -6 -3B1 h; Title 6 -6 -4B3 & Title 6 -6B of the Code of Ordinances of the City of Dubu- que, Iowa, was adopted. RESOLUTION NO. 4 -12 AUTHORIZING THE CITY TO COLLECT DE- LINQUENT VACANT AND ABANDONED BUILDING AND PROBLEM PROPERTY CHARGES IN ACCORDANCE WITH TITLE 6- 6 -3B1H; TITLE 6-6-4B3 & TITLE 6 -6B OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, residential properties in the City of Dubuque are considered hazardous or un- sanitary premises if vacant and abandoned buildings and problem properties are allowed to deteriorate according to 6 -6 -3B1 h; and Book 142 Regular Session, January 3, 2012 7 Whereas, whenever in the judgment of the Housing Officer, a nuisance that is "palpably and indisputably such" exists which requires immediate action to protect the public health, safety or welfare of the public, the Housing Officer may order the emergency abatement of such; and Whereas, delinquent vacant and aban- doned building and problem property charges shall be certified by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as general property taxes; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the persons listed on the at- tached VAB /Problem Property Assessment Schedule are delinquent in the payment of vacant and abandoned building and problem property charges. Section 2.That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named on the attached VAB /Problem property Assessment Schedule are delinquent in the payment of vacant and abandoned building and problem property charges in the amount set aside of the respec- tive names, and that said amounts shall be collected in the same manner as general property taxes against the respective parcels of property set opposite the names of the owners. Passed, approved and adopted this 3rd day of January, 2012. Ric W Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk Schedule of Assessments Delinquent Vacant And Abandoned Build- ing And Problem Property Charges Janice Weis 400 E 22nd St Dubuque IA 52001, 400 E 22nd, 1024211001, $3,025.00, deconstruct garage, steps and porch Barbara Travis 700 English Lane Dubuque IA 52003, 517 Rhomberg, 1024229009, $2,020.00, remove '/% garage, rebuild gable end Stuart Hoover 850 White Street Dubuque IA 52001, 656 W 11th, 1024385007, $170.00, remove back porch and secure door Iowa Department of Transportation - High- way Corridor Preservation Notice of Renewal: City Manager transmitting correspondence from the Iowa Department of Transportation regarding their intent to renew the Corridor Preservation Zone in Dubuque County along U.S. 20 from the Peosta interchange easterly to the intersection with the Northwest Arterial in Dubuque. Upon motion the document was received and filed. Citizen Correspondence - Traffic Cameras: Correspondence from Gary Hughes of Marion, Iowa, regarding the legality of traffic cameras. Upon motion the document was received and filed. Global Smart City Summit: City Manager submitting information on Mayor Roy D. Buol's participation in the Global Smart City Summit, December 14 -16, 2011 in Tainan, Taiwan. Upon motion the documents were received and filed. Signed Contracts: A) Contract with R &R Mills Trucking Company for removal of top soil at the former Dubuque Packing Plant parking lot site, B) Contract with McCullough & Asso- ciates for schedule analysis related to the Wa- ter Pollution Control Plant Modification Project, C) Contract with KJWW Engineering Consult- ants for close -out activities related to the Car- negie -Stout Public Library Renovation Project, D) Contract with the Iowa Department of Eco- nomic Development Authority for CDBG Wa- tershed Management Authority Phase I. Upon motion the documents were received and filed. 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. 5 -12 Approving the issuance of a Class "B" Beer Permit to United Automobile Workers #94, and a Class "C" Beer Permit to Hartig Drug Store #4; and Resolution No. 6 -12 Approving the issuance of a Class "B" Ho- tel /Motel Liquor License to Chammps Ameri- cana, a Class "C" Beer /Liquor License to Breezer's Pub, and a Class "B" Wine Permit to Hartig Drug Store #4 were adopted. RESOLUTION NO. 5 -12 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been exam- ined 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 have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Intern'I Union UAW Local # 94, United Au- tomobile Workers (Sunday Sale), 3450 Central CLASS "C" BEER PERMIT Hartig Drug Company, Hartig Drug # 4 +(Sunday Sale), 2225 Central 8 Regular Session, January 3, 2012 Book 142 Passed, approved and adopted this 3rd day of January, 2012. Ric W. Jones, Mayor Pro -Tern Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 6 -12 Whereas, applications for Liquor Licenses have been submitted to this Council for ap- proval 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 State Laws and all City Ordi- nances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. Class "B" (Hotel /Motel) Liquor License Best Western Plus DBQ Hotel, Champps Americana (Sunday /Outdoor Sale), 3100 Dodge St. Class "C" Beer /Liquor License Breezers Pub Company, Breezers Pub + (Sunday Sale), 600 Central Av Class "B" Wine Hartig Drug Company, Hartig Drug # 4, 2225 Central Ave. Passed, approved and adopted this 3rd day of January 2012. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk BOARDS /COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards /Commissions; applicant ap- pointments will be made at the next City Council meeting. Sister City Relationships Advisory Corn- mission: Two 3 -year terms through February 1, 2015 (expiring terms of Jochum and McNama- ra). Applicants: Jeffrey Jochum, 3750 Aerostar Drive; Patrick McNamara, 1041 Shady Oaks Drive. Mr. Jochum and Mr. McNamara both spoke in support of their respective appoint- ments. Appointments to the following Boards /Commissions: Housing Code Appeals Board: One 3 -year term through January 11, 2015 (Expiring term of Miller). Applicant: Fred Miller, 2462 Central Avenue. Motion by Braig to appoint Fred Miller to the Housing Code Appeals Board for a 3- year term through January 11, 2015. Second- ed by Connors. Motion carried 7 -0. Investment Oversight Advisory Commis- sion: One 3 -year term through July 1, 2012 (Vacant term of Melendez). Applicant: Ashlie Simonson, 44 S. Algona Street. Motion by Braig to appoint Ashlie Simonson to the re- mainder of a 3 -year term through July 1, 2012. Seconded by Connors. Motion carried 7 -0. PUBLIC HEARINGS Upon motion the rules were suspended al- lowing anyone present to address the City Council. Green Alley Permeable Pavers Project (17th 18tH between Jackson and Washington Streets): Proof of publication on notice of pub- lic hearing to consider approval of the plans, specifications, form of contract and the esti- mated cost; adopt the Resolution of Necessity and the Preliminary Schedule of Assessments for the Green Alley Permeable Pavers Project (17th 18th between Jackson & Washington Streets); and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 7 -12 Approval of plans, specifications, form of con- tract, and estimated cost for the Green Alley Permeable Pavers Project (17th - 18th Be- tween Jackson & Washington Streets); Reso- lution No. 8 -12 Resolution with respect to the adoption of the Resolution of Necessity pro- posed for the Green Alley Permeable Pavers Project (17th - 18th Between Jackson & Wash- ington Streets); and Resolution No. 9 -12 Ap- proving Schedule of Assessments and esti- mate of total cost for the Green Alley Permea- ble Pavers Project (17th - 181h Between Jack- son & Washington Streets). Seconded by Resnick. Motion carried 7 -0. RESOLUTION NO. 7 -12 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE GREEN ALLEY PERMEA- BLE PAVERS PROJECT (17TH — 18TH- BE- TWEEN JACKSON & WASHINGTON STREETS) NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Green Alley Permeable Pavers Project (17th — 18th between Jackson & Washington Streets), in the estimated amount $185,242.17, are hereby approved. Passed, adopted and approved this 3rd day of January, 2012. Ric W. Jones, Mayor Pro-Tern Attest: Kevin S. Firnstahl, City Clerk Book 142 Regular Session, January 3, 2012 9 RESOLUTION NO. 8 -12 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NE- CESSITY PROPOSED FOR THE GREEN ALLEY PERMEABLE PAVERS PROJECT (17TH — 18TH, BETWEEN JACKSON & WASHINGTON STREETS) Whereas, the City Council has proposed a Resolution of Necessity for the Green Alley Permeable Pavers Project (17th — 18th be- tween Jackson & Washington Streets) and has given notice of the public hearing thereon as required by law, and Whereas, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and Whereas, this is the time and place set as provided for the taking of action on the pro- posed Resolution of Necessity. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed Resolution of Necessity described above is hereby adopted, without amendment, and all objections filed or made having been duly considered are overruled. Passed, adopted and approved this 3rd day of January, 2012. Ric W. Jones, Mayor Pro -Tern Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 9 -12 APPROVING SCHEDULE OF ASSESS- MENTS AND ESTIMATE OF TOTAL COST FOR THE GREEN ALLEY PERMEABLE PAVERS PROJECT (17TH — 18TH BETWEEN JACKSON & WASHINGTON STREETS) NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the [provided] plat, schedule of as- sessments, and estimate of total cost for the Green Alley Permeable Pavers Project (17th — 18th between Jackson & Washington Streets) are hereby approved. Passed, approved and adopted this 3rd day of January, 2012. Ric W. Jones, Mayor Pro -Tern Attest: Kevin S. Firnstahl, City Clerk A.Y. McDonald State Assistance - Applica- tion Amendment: Proof of publication on notice of public hearing to consider modifying the application for financial assistance submitted to the Iowa Economic Development Authority on behalf of A.Y. McDonald and the City Man- ager recommending approval. Motion by Braig to receive and file the documents and adopt Resolution No. 10 -12 Approving issuance of Urban Renewal Tax Increment Revenue Obli- gations and the execution of a Development Agreement relating thereto with A.Y. McDon- ald Mfg., Co. Seconded by Lynch. Motion car- ried 7 -0. RESOLUTION NO. 10 -12 APPROVING ISSUANCE OF URBAN RE- NEWAL TAX INCREMENT REVENUE OBLI- GATIONS AND THE EXECUTION OF A DE- VELOPMENT AGREEMENT RELATING THERETO WITH A.Y. MCDONALD MFG CO. Whereas, the City Council, by Resolution No. 436 -11, dated December 19, 2011 de- clared its intent to enter into a Development Agreement with A.Y. McDonald Mfg. Co., and Whereas, pursuant to published notice, a public hearing was held on the issuance of Urban Renewal Tax Increment Obligations on December 19, 2011 at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council to approve the Urban Renewal Tax Increment Revenue obligations, as provided by Chapter 403 of the Code of Iowa, and to enter into the Development Agreement relating thereto for the purpose of carrying out an Ur- ban Renewal Plan as hereinafter described 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 Development Agreement by and between the City of Dubu- que, A.Y. McDonald Mfg., Co. is hereby ap- proved. Section 2. That the Mayor is hereby au- thorized and directed to execute the Develop- ment Agreement on behalf of the City and City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is author- ized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved. Passed, approved and adopted this 3rd day of January, 2012. Ric W. Jones, Mayor Pro -Tern Attest: Kevin S. Firnstahl, City Clerk Senator Harkin - Historic Federal Building Lease Renewal: Proof of publication on notice of public hearing to consider a nine -year lease extension with Senator Harkin for office space in the Historic Federal Building and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 11 -12 Approving the disposal of an interest in real property owned by the City of Dubuque by lease between the City of Dubuque, Iowa, and the Federal Gov- ernment on behalf of Senator Harkin. Second- ed by Connors. Motion carried 7 -0. 10 Regular Session, January 3, 2012 Book 142 RESOLUTION NO. 11 -12 APPROVING THE DISPOSAL OF AN IN- TEREST IN REAL PROPERTY OWNED BY THE CITY OF DUBUQUE BY LEASE BE- TWEEN THE CITY OF DUBUQUE, IOWA AND THE FEDERAL GOVERNMENT ON BEHALF OF SENATOR HARKIN Whereas, the City of Dubuque, Iowa (City) owns the real property described as the Histor- ic Federal Building, located at 350 West 6th Street in the City of Dubuque, Iowa; and Whereas, City and the Federal Govern- ment have negotiated a 9 year Lease Agree- ment for space in the Historic Federal Building, a copy of which Lease Agreement is on file at the office of the City Clerk, City Hall, 13th and Central Avenue, Dubuque, Iowa; and Whereas, the City Council believes it is in the best interests of the City of Dubuque to ap- prove the Lease Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Lease Agreement between City and the Federal Government is hereby approved and the City Manager is authorized to execute said lease on behalf of the City of Dubuque. Passed, approved and adopted this 3rd day of January, 2012. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk Purina Drive Weigh Scale House Building Project: Proof of publication on notice of public hearing to consider approval of the plans, specifications, form of contract and estimated cost for the Purina Drive Weigh Scale House Project and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 12- 12 Approval of plans, specifications, form of contact, and estimated cost for the Purina Drive Weigh Scale House Building Project. Seconded by Resnick. Responding to ques- tions from City Council, Public Works Manager Don Vogt stated that the current building is inadequate in terms of no restroom, water, or sewer connections and has been cited by the Corps of Engineers. The new building is in- tended to be a permanent facility. Motion car- ried 7 -0. RESOLUTION NO. 12 -12 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE PURINA DRIVE WEIGH SCALE HOUSE BUILDING PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Purina Drive Weigh Scale House Building Pro- ject, in the estimated amount $149,713.00, are hereby approved. Passed, adopted and approved this 3rd day of January, 2012. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Five Flags Center Annual Report and Ac- tivities Update: City Manager transmitting the Annual Report for Five Flags. Five Flags Man- ager Joyce White, who is employed by SMG, the private management company for Five Flags, made a verbal presentation to the City Council on the update of activities in the cur- rent fiscal year and plans for the future. High- lights included financial and budget infor- mation, review of past and upcoming events, and community relations efforts. Motion by Connors to receive and file documents. Se- conded by Resnick. Motion carried 7 -0. Blue Zones Project Application - Commit- ment Letters: City Manager recommending approval and execution of commitment letters for the Blue Zones Project by the individual City Council Members, the City Manager and the Public Health Specialist. Motion by Con- nors to receive and file the documents and approve the recommendation. Seconded by Braig. Public Health Specialist Mary Rose Cor- rigan introduced members of the Blue Zone Project Team. Motion carried 7 -0. Sustainable Dubuque - Request for Work Session: City Manager requesting setting the date for the quarterly Sustainable Dubuque work session for Monday, February 20, at 5:00 p.m. to be held in Council Chambers. Motion by Connors to receive and file the documents and set the work session for February 20 at 5:00 p.m. in the Historic Federal Building. Se- conded by Resnick. Motion carried 7 -0. COUNCIL MEMBER REPORTS Jones reported on the upcoming opening ceremonies of the Special Olympics on Janu- ary 9 at 6:00 p.m. at the Grand Harbor Hotel. There being no further business, upon mo- tion the City Council adjourned at 7:29 p.m. /s/Kevin S. Firnstahl City Clerk Book 142 Special Session, January 17, 2012 11 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:30 p.m. on January 17, 2012 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Pro -Tem Jones; Council Members Connors, Lynch, Resnick, Sutton; Assistant City Manager Steinhauser, City At- torney Lindahl Absent: Mayor Buol, Council Member Braig, City Manager Van Milligen Mayor Pro -Tem Jones read the call and stated this is a special session of the City Council to conduct a work session the 2011 flood fighting activities of the City of Council Bluffs. WORK SESSION Council Bluffs 2011 Flood Fighting Activities Street Maintenance Supervisor John Klostermann provided information and a slide presentation on the flood- fighting activities of the City of Council Bluffs during the flood of 2011. Site visit to Council Bluffs from Dubuque and Iowa City staff June 30, 2011 and review of: Incident Command Center, Levee System, Pumping Stations, Seepage Blanket Installa- tions. Topics included: • Flood Issues and System Compari- sons • Partnerships with city, state and fed- eral agencies • Pre -Flood Activities • Flag System • Sandbagging Operations • HESCO Floodwall System • Incident Command Center • Media • Alert Levels and Related Instructions • Evacuation Plan • Levee Inspection Team and Levee Issues • High water table, sand boils, interior drainage, pumping stations, seepage blankets • Other flood related issues • Unprotected areas • Damage estimates • Lessons learned • Unified command • Communications technology • Informing the public • Pumping plan • Staff involvement and care Responding to questions from City Council, Public Works Director Don Vogt stated that the first concern with Dubuque's levee is overtop- ping during flood events other than spring snow melt and that Dubuque has several con- tingency plans. There being no further business, upon mo- tion the City Council adjourned at 6:07 p.m. /s/Kevin S. Firnstahl City Clerk 12 Regular Session January 17, 2012 Book 142 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on January 17, 2012 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol (via phone), Mayor Pro -Tem Jones; Council Members Connors, Lynch, Resnick, Sutton; City Manager Van Milligen (via phone), Assistant City Manager Steinhauser, City Attorney Lindahl Absent: Council Member Braig Mayor Pro -Tem Jones read the call and stated this is a regular session of the City Council to conduct such business that may properly come before the Council. City Clerk Kevin Firnstahl introduced Assis- tant City Clerk Trish Gleason. PLEDGE OF ALLEGIANCE MOMENT OF SILENCE CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Connors. Motion carried 6 -0. Minutes and Reports Submitted: City Council Proceedings of 1/3/12, Environmental Stewardship Advisory Commission of 12/6/11 and 1/6/12, Safe Community Advisory Com- mittee of 12/14/11, Transit Advisory Board of 12/8/11, Zoning Advisory Commission of 1/4/12, Proofs of Publication of City Council Proceeding of 12/19/11 and List of Claims and Summary of Revenues for Month Ending 11/30/11. Upon motion the documents were received and filed. Disposition of Claims and Suits: City Attor- ney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: Daniel Davis for vehicle dam- age, Jeffrey Glen Holt for personal inju- ry /property damage, Diane Streif for vehicle damage. Upon motion the documents were received, filed and concurred. Community Development Advisory Com- mission: Commissioner Hillary Stubben sub- mitting her resignation from the Community Development Advisory Commission. Upon motion the document was received, filed and the resignation accepted. Change in Position Title /Duties: City Man- ager recommending approval to eliminate one Maintenanceworker position and create one Assistant Horticulturist position in the Leisure Services Department. Upon motion the docu- ments were received, filed, and approved. Final Plat - Giese Subdivision: Zoning Advisory Commission recommending approval of the Final Plat for Giese Subdivision (2225 Kerper Blvd.) as requested by IIW, P.C. / CRDS De- velopment subject to waiving the lot frontage requirement for Lot 1. Upon motion the docu- ments were received and filed and Resolution No. 13 -12 Approving the Final Plat for Giese Subdivision in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 13 -12 APPROVING THE FINAL PLAT OF GIESE SUBDIVISION IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Giese Subdivision in the city of Dubuque, Iowa ; and Whereas, said Final Plat provides 0 feet of frontage for Lot 1 on a public or approved pri- vate street, where street frontage is required by Section 11 -14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code; and Whereas, said Final Plat has been exam- ined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Final Plat has been examined by the City Council and they find that it con- forms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 11 -14 of Title 16 of the City of Dubuque Code of Ordinances, Uni- fied Development Code, is waived to allow 0 feet of frontage on a public street or an ap- proved private street for Lot 1, where street frontage is required. Section 2. That the Final Plat of Giese Subdivision is hereby approved and the Mayor and City Clerk are hereby authorized and di- rected to endorse the approval of the City of Dubuque, Iowa upon said Final Plat. Passed, approved and adopted this 17th day of January, 2012. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk Book 142 Regular Session January 17, 2012 13 Gro1000 Garden and Green Space Grant Application: City Manager recommending ap- proval to submit a Gro1000 Garden and Green Space grant application in the amount of $25,000 (cash and in- kind). The funds will be used to purchase a greenhouse that would extend both ends of the growing season for the Mission garden. Upon motion the docu- ments were received, filed, and approved. Pump Room Roof Replacement - Project Acceptance: City Manager is recommending acceptance of the construction contract for the Pump Roof Replacement Project, as complet- ed by Jim Giese Commercial Roofing, in the final contract amount of $92,193. Upon motion the documents were received and filed and Resolution No. 14 -12 Accepting the Pump Room Roof Replacement Project and authoriz- ing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 14 -12 ACCEPTING THE PUMP ROOM ROOF RE- PLACEMENT PROJECT AND AUTHORIZ- ING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Pump Room Roof Replacement (the Pro- ject) has been completed and the City's Con- sultant Engineer, IIW Engineering of Dubuque, Iowa has examined the work and filed a certifi- cate stating that the Project has been com- pleted according to the terms of the Public Improvement Contract and that the Consultant Engineer recommends that the Project be ac- cepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City's Consultant Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Pump Room Roof Replacement appropriation for the contract amount of $92,193.00 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 17th day of January, 2012. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk Signed Contracts: A) Tournament cart rental agreement with Harris Golf Carts for 2012, B) Stand Associates Agreement Amendment 1 for Water Pollution Control Plant Project Cogeneration Facilities. Upon motion the documents were received and filed. PEG Capital Grant Expenditure Request: City Manager recommending approval of the Cable TV Tele- Programming Commission rec- ommendations for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities in the amount of $11,000 for Loras College for a Carousel bulletin board graphics system and $12,500 for the City of Dubuque to replace the audience TV bulletin board computer. Upon motion the documents were received, filed, and approved. Smarter Travel Recruitment Plan and Budget: City Manager recommending approval of funding for a plan to recruit 1,000 volunteers for the Smarter Travel Pilot Project. Upon mo- tion the documents were received, filed, and approved. Baskets for Bee Branch and Historic Mill- work District and Annual Flowers in Washing- ton Street Dividers: City Manager recommend- ing allocating resources so that the baskets and planters to be used in the lower Bee Branch and Historic Millwork District can start this spring, instead of waiting until 2013. Upon motion the documents were received, filed, and approved. Alcohol License Applications and Renew- als: City Manager recommending approval of annual liquor, beer, and wine licenses as sub- mitted. Upon motion the documents were re- ceived and filed and Resolution No. 15 -12 Approving the issuance of a Class "C' Beer /Liquor License to Hy -Vee C -Store #1 + (Sunday Sale), The Lounge + (Sunday Sale), Taiko Japanese Restaurant + (Sunday Sale), and Mario's Italian Restaurant; and Resolution No. 16 -12 Approving the issuance of a Class "B" Beer Permit to Hy -Vee C -Store #1 + (Sun- day Sale), Pizza Hut # 4691 + (Sunday Sale), and Pizza Hut # 4690 + (Sunday Sale) were adopted. RESOLUTION NO. 15 -12 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been exam- ined 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 have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. 14 Regular Session January 17, 2012 Book 142 CLASS "B" BEER PERMIT Hy -Vee, Inc., Hy -Vee C -Store #1 + (Sun- day Sale), 3270 Dodge St. NPC International, Inc., Pizza Hut # 4691 + (Sunday Sale), 320 E 20th St. NPC International, Inc. Pizza Hut # 4690 + (Sunday Sale), 2075 JFK Rd. Passed, approved and adopted this 17th day of January, 2012. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 16 -12 Whereas, applications for Liquor Licenses have been submitted to this Council for ap- proval 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 State Laws and all City Ordi- nances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. Class "C" Beer /Liquor License Hy -Vee, Inc., Hy -Vee C -Store #1 (Sunday Sale), 3270 Dodge St. Phillip Love, The Lounge + (Sunday Sale), 481 Locust St. Taiko Restaurant Inc., Taiko Japanese Restaurant (Sunday Sale), 2155 S. Park Ct. T & M, Inc., Mario's Italian Restaurant, 1298 Main St. Passed, approved and adopted this 17th day of January, 2012 Ric W. Jones, Mayor Pro -Tem 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 pub- lic hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Connors. Motion carried 6 -0. Caradco Landlord, LLC and Warehouse Development, LLC - Grant of Easement: City Manager recommending that a public hearing be set for February 6, 2012 to consider grant- ing an easement across Washington Street to accommodate private service lines for fiber, television, power, telephone, cable, and future needs for the Caradco Landlord LLC & Ware- house Development LLC, property which is in process of renovation at 900 Jackson Street. Upon motion the documents were received and filed and Resolution No. 17 -12 Resolution of Intent to dispose of City interest by Grant of Easement for private utility to Caradco Land- lord, LLC & Warehouse Development, LLC of Dubuque for an underlying portion of Washing- ton Street was adopted setting a public hear- ing for a meeting to commence at 6:30 p.m. on February 6, 2012 in the Historic Federal Build- ing. RESOLUTION NO. 17 -12 INTENT TO DISPOSE OF CITY INTEREST BY GRANT OF EASEMENT FOR PRIVATE UTILITY TO CARADCO LANDLORD LLC & WAREHOUSE DEVELOPMENT LLC OF DUBUQUE FOR AN UNDERLYING POR- TION OF WASHINGTON STREET Whereas, Caradco Landlord LLC & Ware- house Development LLC of Dubuque have requested a "Grant of Easement" for private utilities for an underlying portion of Washington Street for the current supply of private fiber, television, power, telephone and cable, and future utility needs; and Whereas, Buesing & Associates has pre- pared and submitted to the City Council an exhibit showing the underlying portion of Washington Street, north of the intersection of E. 9th Street, running between Lot 1 Caradco Place and Lot 2 -1 Center City Place #3 for the proposed private service utilities in the City of Dubuque, Dubuque County, Iowa, should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque in- tends to grant an easement for an underlying portion of Washington Street in the City of Dubuque, Dubuque County, Iowa. Section 2. That the granting of easement in the City of Dubuque, Dubuque County, Iowa, to the Caradco Landlord LLC & Warehouse Development LLC of Dubuque be contingent upon the payment of $500.00, plus platting fees. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of City interest by grant of easement for an underlying portion of Washington Street to be published in the man- ner as prescribed by law. Passed, approved and adopted this 17th day of January, 2012. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk Annual Action Plan - Fiscal Year 2013: City Manager recommending the FY 2013 Annual Action Plan be included in the City budget and a public hearing be scheduled with the Hous- ing and Community Development Department budget work session on February 29. Upon Book 142 Regular Session January 17, 2012 15 motion the documents were received and filed and Resolution No. 18 -12 Setting a public hearing on the Fiscal Year 2013 (Program Year 2012) Community Development Block Grant (CDBG) Annual Action Plan was adopt- ed setting a public hearing for a meeting to commence at 6:30 p.m. on February 29, 2012 in the Historic Federal Building. RESOLUTION NO. 18 -12 SETTING A PUBLIC HEARING ON THE FISCAL YEAR 2013 (PROGRAM YEAR 2012) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN Whereas, the City of Dubuque Community Development Advisory Commission has, through a series of public meetings and hear- ings, approved a Fiscal Year 2013 (Program Year 2012) Community Development Block Grant Annual Action Plan addressing both housing and non - housing needs in the com- munity; Whereas, the City was notified by HUD that the FY 2013 CDBG entitlement is pro- posed to be reduced to $931,240, therefore requiring additional review by the Community Development Advisory Commission, and Whereas, due to the timing for the City budget process and the need for Commission review of a revised Plan, a public hearing is required on both the FY 2013 Annual Plan adopted by the Commission and a revised Plan reflecting the reduced CDBG funding allocation; Whereas, copies of the draft Fiscal Year 2013 (Program Year 2012) CDBG Annual Ac- tion Plans will be available for public comment for 30 days prior to City Council action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council will meet in the Historic Federal Building, Council Chambers, 2nd Floor, 350 West 6th Street, Dubuque, Iowa at 6:30 p.m. on February 29, 2012 for the purpose of holding a public hear- ing and taking action on the Fiscal Year 2013 (Program Year 2012) Community Develop- ment Block Grant Annual Action Plan. Section 2. That the City Clerk be and he is hereby authorized and directed to take action on the Fiscal Year 2013 (Program Year 2012) Community Development Block Grant Annual Plan. Passed, approved and adopted this 17th day of January, 2012. Ric W. Jones, Mayor Pro -Tem Attest: Kevin Firnstahl, City Clerk BOARDS /COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions; applicant ap- pointments will be made at the next City Council meeting. Community Development Advisory Com- mission: One 3 -year term through February 15, 2015 (expiring at -large term of Wain- wright). Applicant: Thomas Wainwright, 1788 Lori Street (At- Large). Mr. Wainwright spoke in support of his appointment. Appointments to the following Boards and Commissions: Sister City Relationships Advisory Com- mission: 3 three -year terms through February 1, 2015 (expiring terms of Jochum, Mclntee, and McNamara). Applicants: Jeffrey Jochum, 3750 Aerostar Drive; Phyllis Lee, 720 South Grandview Avenue (additional applicant); Pat- rick McNamara, 1041 Shady Oaks Drive. Mo- tion by Lynch to appoint Jeffrey Jochum, Phyl- lis Lee and Patrick McNamara to the Sister City Relationships Advisory Commission for 3- year terms through February 1, 2015. Second- ed by Resnick. Motion carried 6 -0. PUBLIC HEARINGS Request to Amend Planned Unit Develop- ment - Asbury Plaza (Tabled from December 19, 2011): Proof of publication on notice of public hearing to consider a request by O'Connor & Thomas, P.C., Asbury Dubuque, LC, and Richardson Investments, LLC to amend the Asbury Plaza Planned Unit Devel- opment to allow for a right -in /right -out access to the Northwest Arterial and to amend the list of permitted uses, height and sign regulations and the Zoning Advisory Commission recom- mending approval. City Manager recommending additional amendments to the Asbury Plaza Planned Unit Development. Correspondence from O'Connor & Thomas on behalf of the developer requesting the item be tabled to March 5, 2012. Motion by Connors remove from the table Seconded by Resnick. Motion carried 6 -0. Motion by Connors to table until March 5, 2012. Seconded by Resnick. Motion carried 6- 0. Upon motion the rules were suspended al- lowing anyone present to address the City Council. Request to Rezone - 3150 Asbury Road: Proof of publication on notice of public hearing to consider a request from Julie Cheung and Alex Fursoy to rezone property from R -1 Sin- gle- Family Residential District to OC Office Commercial District and the Zoning Advisory Commission recommending denial. Citizen correspondence from John Do- nahue in opposition to the proposed rezoning. 16 Regular Session January 17, 2012 Book 142 Motion by Connors to concur with the de- nial. Seconded by Resnick. Property owner and developer Julie Cheung, 3150 Asbury Road, provided background information and spoke in favor of the proposed rezoning. Plan- ning Services Manager Laura Carstens pro- vided a staff report. Adjacent and area proper- ty owners Bill Kahler, 2205 Evergreen Street; Dennis McDonough, 2270 Evergreen Street, Colleen Williams, 3151 Asbury Road; Bob and Donna Shaw, 2210 Evergreen Street, Kathy Cruse, 2215 Evergreen Street and Peter Sweeney, 2240 Graham Circle, spoke in op- position to the proposed rezoning citing addi- tional commercial traffic, safety, increased noise, garbage, and decreased property val- ues as issues. Council discussion determined that is was a matter of spot zoning. Motion to deny carried 6 -0. Text Amendment - Complete Streets Poli- cy: Proof of publication on notice of public hearing to consider a request by the City of Dubuque to consider a Text Amendment to Section 16- 11 -15(k) Streets of the Unified De- velopment Code to incorporate a Complete Streets Policy. Motion by Connors to receive and file the documents and that the require- ment that a proposed ordinance be considered and voted on for passage at two Council meet- ings prior to the meeting at which it is to be passed be suspended. Seconded by Lynch. Planning Services Manager Laura Carstens provided staff report. Motion carried 6 -0. Motion by Connors for final consideration and passage of Ordinance No. 1 -12 Amending Title 16 of the City of Dubuque Code of Ordi- nances, Unified Development Code, by Amending Article 11 Land Subdivision to add Complete Streets Policy Language. Seconded by Resnick. Motion carried 6 -0. ORDINANCE NO. 1 -12 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY AMEND- ING ARTICLE 11 LAND SUBDIVISION TO ADD COMPLETE STREETS POLICY LAN- GUAGE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, Article 11 -15(K) is hereby amended as follows: K. Complete Streets Policy General: The City's Comprehensive Plan supports the development of a comprehensive bike /hike trail system to provide multi -modal transportation for the City. Streets that are designed for only cars limit transportation choices by making walking, bicycling and tak- ing public transportation inconvenient, unat- tractive and potentially dangerous. The City currently implements curb ramp, sidewalk, signage and trail projects that support the im- plementation of Complete Street design. The City's Complete Streets Policy will take into account the potential for additional cost asso- ciated with the construction of Complete Streets and recognizes that not every new public street will be suitable for implementing all aspects of Complete Street design. Plan- ning staff will review application of Complete Street design as part of the major subdivision review process. Complete Street Design Goals: Design and construct new streets in antici- pation of increased demand for bicycling, walk- ing and transit facilities. Design and construct new streets that al- low for future improvements to accommodate Complete Street design attributes, such as provision of extra right -of -way to accommodate an off - street bike trail in the future. New public streets that implement all or some components of Complete Street design shall utilize standards found in the following design guidelines: AASHTO (American Association of State Highway and Transportation Officials) SUDAS (Statewide Urban Design and Specifications Program) Federal Highway Administration ITE (Institute of Transportation Engineers) Complete Street Applications: Most collector and arterial streets are con- structed /reconstructed by the City of Dubuque and hence application of Complete Street de- sign criteria will be handled through the City's internal design and approval process. Local residential streets in most new residen- tial subdivisions will incorporate some Com- plete Street design criteria, such as sidewalks on both sides of the street, curb ramps at in- tersection corners, etc. Collector streets within new subdivision, in addition to above, may restrict driveway ac- cess to side streets to facilitate on- street bike trails, could include wide sidewalks and park- ways to facilitate walking. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Io- wa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 17th day of January, 2012. /s /Ric W. Jones, Mayor Pro Tem Attest: /s /Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald Book 142 Regular Session January 17, 2012 17 Newspaper on the 20th day of January 2012. /s /Kevin S. Firnstahl, City Clerk Historic Millwork District- Planned Unit De- velopment: Proof of publication on notice of public hearing to consider a request by the City of Dubuque to amend the Historic Millwork District Planned Unit Development (PUD) Conceptual Development Plan to allow for an Intermodal Center and an 80 -space surface parking lot and the Zoning Advisory Commis- sion recommending approval. Motion by Con- nors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Resnick. Planning Services Manager Laura Carstens provided a staff report. Motion car- ried 6 -0. Motion by Connors for final consideration and passage of Ordinance No. 2 -12 Amending Title 16, the Unified Development Code of the City of Dubuque Code of Ordinances by re- scinding Ordinance 20 -10 which established regulations for a PUD Planned Unit Develop- ment District with a Planned Commercial Des- ignation for the Historic Millwork District PUD and now being amended to allow for the In- termodal Center and an 80 -space surface parking lot. Seconded by Resnick. Motion car- ried 6 -0. OFFICIAL PUBLICATION ORDINANCE NO. 2 -12 AMENDING TITLE 16, THE UNIFIED DE- VELOPMENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RESCINDING ORDINANCE 20 -10 WHICH ESTABLISHED REGULATIONS FOR A PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PLANNED COMMERCIAL DESIG- NATION FOR THE HISTORIC MILLWORK DISTRICT PUD AND NOW BEING AMEND- ED TO ALLOW FOR THE INTERMODAL CENTER AND AN 80 -SPACE SURFACE PARKING LOT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16, the Unified Devel- opment Code of the City of Dubuque Code of Ordinances is hereby amended by rescinding Ordinance 20 -10 which established regulation for a with a Planned Commercial District des- ignation and adopting an amended conceptual development plan, a copy of which is attached to and made a part hereof, and now being amended to allow for the Intermodal Center and an 80 -space surface parking lot for the following described property, to wit: All real property generally located south of 12th Street, east of White Street and west of Highway 61/151 as highlighted in Exhibit A, and to the centerline of the adjoining public right -of -way, all in the City of Dubuque, Iowa. A. Use Regulations. The following regulations shall apply to all uses made of land in the above - described PC Planned Commercial District: Principal permitted uses: The following uses are permitted in the Historic Millwork District PUD: Places of religious exercise or assembly. Public, private or parochial school ap- proved by State of Iowa (K -12). Public or private park, golf course, or simi- lar natural recreation area. Railroad and public or quasi - public utility, including substation. Residential use. Housing for the elderly and persons with disabilities (not identified with (5) above). Noncommercial art gallery. Museum or library. School of private instruction. Private club. General office. Medical office or clinic. Dental or medical lab. Barber or beauty shop. Hotel. Shoe repair. Laundry or drycleaner. Bakery (wholesale or commercial). Retail sales or service. Indoor restaurant. Bar or tavern. Supermarket. Tailoring or alterations. Furniture or home furnishing. Appliance sales or service. Animal hospital or clinic. Laundromat. Furniture upholstery or repair. Artist studio. Photographic studio. Neighborhood shopping center. Business services. Department store. Auditorium or assembly hall. Indoor theater. Bank, savings and loan, or credit union. Indoor amusement center. Vending or game machine sales and ser- vice. Indoor recreation facility. Mail order house. Printing or publishing. Parking structure. Vocational school. Business or secretarial school. Passenger transfer facility. Warehousing and storage facility. Artisan production shop. Accessory Uses: The following accessory 18 Regular Session January 17, 2012 Book 142 uses are permitted in the Historic Millwork Dis- trict PUD: Any use customarily incidental and subor- dinate to the principal use it serves. Boiler system in use as part of an industrial business or use. Outdoor seating as part of an indoor res- taurant, bar or tavern. Conditional Uses: The following conditional uses are permitted in the Historic Millwork Dis- trict PUD, subject to the provisions of Article 8 of the Unified Development Code that estab- lishes requirements for application to the Zon- ing Board of Adjustment for a conditional use permit, and any other specific conditions listed below for a conditional use. Drive -in or carry -out restaurant. Drive -up automated bank teller. Vehicle rental. Construction supplies sales and service. Contractor shop or yard. Wholesale sale /distributor. Agricultural supply sales. Lumberyard or building materials. Laboratory for research, development or engineering, provided that such use complies with all local, state, and federal regulations governing hazardous substances, hazardous conditions, hazardous wastes, and hazardous materials. Freight transfer facility. Moving or storage facility. Millworking. Manufacture, assembly, repair or storage of electrical or electronic products, compo- nents or equipment. Manufacture or assembly of musical in- struments; toys; watches or clocks; medical, dental, optical or similar scientific instruments; orthopedic or medical appliances; signs or billboards. Manufacturing, compounding, assembly or treatment of articles or products from the fol- lowing substances: clothing or textiles; rubber, precious or semiprecious stones or metals; wood; plastics; paper; leather; fiber; glass; hair; wax; metal; concrete; feathers; fur; cork; and celluloid or cellulose products. District energy system. Private energy generation facility. Exterior storage. Licensed child care centers, provided that: Such facility shall supply loading and un- loading spaces so as not to obstruct public streets or create traffic or safety hazards; All licenses have been issued or have been applied for and are awaiting the outcome of the state's decision; and Such use shall not be located within the same structure as any gas station, bar /tavern, automated gas station or any facility selling, servicing, repairing, or renting vehicles. The conditional use applicant certifies that the premises on which the licensed child care center will be located complies with, and will for so long as the licensed child care center is so located, continue to comply with all local, state and federal regulations governing haz- ardous substances, hazardous conditions, hazardous wastes, and hazardous materials. If the applicant is subject to the require- ments of Section 302 of the Superfund Amendments and Reauthorization Act of 1986, as amended, the Emergency Management Director shall certify whether or not the appli- cant has submitted a current inventory of ex- tremely hazardous substances kept or stored on the premises. If any such extremely haz- ardous substances are kept or stored on the premises, the applicant shall also post in a conspicuous place on the premises a notice indicating a description of the extremely haz- ardous substances, and the physical and health hazards presented by such substances. Applicant shall submit an evacuation plan for approval by the City, both written and drawn, that details where the children will go in the event of a hazardous materials incident. The plan shall include a "house in place" sce- nario in which the children can be kept safely within a room of the building that has no pene- tration to the outside (windows, doors, etc.). Applicant shall submit plans for approval by the City that indicate the installation of a main emergency shut -off switch for the heat- ing, ventilation, and air conditioning (HVAC) system to minimize the infiltration risk of air- borne hazardous materials. B. Lot and Bulk Regulations. The following bulk regulations shall apply in the Historic Millwork District PUD, subject to the provisions of the Unified Development Code. 1. Setbacks: a) Front yard = 0 feet b) Side yard = 0 feet c) Rear yard = 0 feet Building Height = no maximum. New Construction Transition. New con- struction on the blocks between 12th Street and 11th Street should transition in scale from the Washington Neighborhood to the District PUD. C. Sign Regulations. The number, size and location of signs in the Historic Millwork District PUD shall be reg- ulated in accordance with Exhibit C and all other applicable regulations of Article 15 of the Unified Development Code. A comprehensive sign plan is required as part of the sign permit submittal for all multi - tenant buildings. Free - standing signs in the District PUD shall be monument -style signs. Book 142 Regular Session January 17, 2012 19 The design of signage shall comply with the Downtown Design Guidelines for signs. Waiver requests from these guidelines shall be reviewed by the Historic Preservation Com- mission in accordance with the provisions of Article 10 of the Unified Development Code. Variance requests from sign requirements established in Article 15 of the Unified Devel- opment Code shall be reviewed by the Zoning Board of Adjustment in accordance with provi- sions of Article 8 of the Unified Development Code. Off - premise signs are prohibited in the His- toric Millwork District PUD. D. Performance Standards. Creation of a viable, equitable, and livable mixed -use neighborhood in the Historic Mill- work District PUD that includes residential, retail, office, commercial, and industrial uses requires both strategy and flexibility for its sus - tainability. The development and maintenance of uses in the Historic Millwork District PUD conceptually should follow the goals, objec- tives, and recommendations of the Historic Millwork District Master Plan, incorporated herein by reference and on file in the Planning Services Department. The development and maintenance of uses in the Historic Millwork District PUD shall be regulated as follows: Conceptual Development Plan Referenced herein as Section 5. Develop- ment Summary of the Historic Millwork District Master Plan, and shown on Exhibit B, on file in the Planning Services Department, and made a part of this zoning reclassification by refer- ence as the Conceptual Development Plan for the Historic Millwork District PUD. It is recognized that minor shifts or modifi- cations to the general plan layout may be nec- essary and compatible with the need to ac- quire workable street patterns, grades and usable building sites. The Land Use / Development Patterns de- picted in the Historic Millwork District Master Plan for ground floor uses reflect a predomi- nance of residential uses; however, for District sustainability, these ground floor uses shall be characterized by a flexible designation for the Historic Millwork District PUD Conceptual De- velopment Plan as shown in Exhibit B. Parking Regulations Off - street parking is not required as part of the Historic Millwork District PUD. Off - street parking spaces may be provided in a building as an accessory use, subject to review and approval under Building, Fire, and other appli- cable City Codes. If a property owner chooses to provide surface off - street parking within the District PUD, the City Council must first ap- prove the request and the following regulations shall apply: Parking lot design shall comply with the Downtown Design Guidelines for surface park- ing lots. All vehicle - related features shall be sur- faced with standard or permeable asphalt, concrete, or pavers. Curbing and proper surface drainage of storm water shall be provided. All parking and loading spaces shall be de- lineated on the surfacing material by painted stripes or other permanent means. The size and design of parking spaces shall be governed by applicable provisions of the Unified Development Code enforced at the time of development of the lot. The number, size, design, and location of parking spaces designated for persons with disabilities shall be according to the local, state, or federal requirements in effect at the time of development. Parking Structures. Parking structures (ramps) are allowed in the Historic Millwork District PUD subject to City Council review and the following standards: Parking structures shall comply with the Downtown Design Guidelines for parking facili- ties. The size and design of parking spaces shall be governed by applicable provisions of the Unified Development Code enforced at the time of development. The number, size, design, and location of parking spaces designated for persons with disabilities shall be according to the local, state or federal requirements in effect at the time of development. Site Lighting Exterior illumination of site features shall be limited to the illumination of the following: Parking areas, driveways and loading fa- cilities. Pedestrian walkway surfaces and entranc- es to building. Building exterior. Location and Design All exterior lighting luminaries shall be de- signed and installed to shield light from the luminaries at angles above 72- degrees from vertical. Fixtures mounted on a building shall not be positioned higher than the roofline of the build- ing. All electrical service lines to posts and fix- tures shall be underground and concealed inside the posts. The design of exterior lighting luminaries shall comply with the Downtown Design Guidelines for signs. Waiver requests from these guidelines shall be reviewed by the His- toric Preservation Commission in accordance with the provisions of Article 10 of the Unified Development Code. Open Space It is the intent of these regulations that the development of open spaces Of provided) shall 20 Regular Session January 17, 2012 Book 142 reflect a high quality of environmental design. The following provisions shall apply. Open space plans are required as part of submittals for site plan review. Such plans are to include type, number and size of proposed plantings, paving and other open space ameni- ties. Open space areas shall be designed in compliance with Downtown Design Guidelines and the Historic Millwork District Master Plan. Within one (1) year following completion of construction, or by the date that a building is issued an occupancy certificate by the Building Services Department of the City of Dubuque, whichever occurs first, required open space amenities shall be installed. Stormwater Management The developer shall be responsible for providing stormwater management in a means that is satisfactory to the City Engineer and consistent with the Historic Millwork District Master Plan. Sustainable, low impact devel- opment techniques for stormwater manage- ment approved by the City Engineer will be used where feasible. Other applicable regula- tions also enforced by the City Engineer rela- tive to stormwater management and drainage shall apply to the subject property. Exterior Trash Collection Areas The storage of trash and debris shall be limited to that produced by the principal permit- ted use and accessory uses of the lot. All exterior trash collection areas and the materials contained therein shall be visually screened from view. The screening shall be completely opaque fence, wall or other feature not exceeding a height of 10 feet measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their top line shall be hori- zontal. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. Exterior trash collection areas shall comply with the Downtown Design Guidelines for ser- vice areas. Exterior Storage Exterior storage is allowed in the Historic Millwork PUD District. Exterior storage areas shall comply with the Downtown Design Guidelines for service areas. The use of semi - trailers and /or shipping containers for storage is prohibited. Final site development plans shall be sub- mitted in accordance with provisions of Article 12 and Article 13 of the Unified Development Code prior to construction or expansion of any buildings, free - standing signs, or parking facili- ties. The Downtown Design Guidelines shall apply to site development in the District PUD, and shall take precedence over the Design Standards for Big Box Retail Uses (over 100,000 square feet) and the Design Stand- ards for Retail Commercial Uses (over 60,000 square feet) and Regional Shopping Centers in Article 13 of the Unified Development Code. Retail uses should be clustered around each other and adjacent to public spaces, such as at the intersection of 10th and Wash- ington Streets, in the Farley & Loetscher and Kirby Buildings along 7th Street, and in a high- ly visible commercial corridor at the east edge of the District along Elm Street. Land uses should transition from industrial on the south to residential on the north, with new commercial or mixed use buildings along the new block to be created by realigning Elm Street in accordance with the Historic Millwork District Master Plan. E. Other Codes and Regulations Service Lines. All electric, telephone, ca- ble, or other similar utility lines serving the building and other site features shall be locat- ed underground, where feasible. These regulations do not relieve the owner from other applicable city, county, state or fed- eral codes, regulations, laws and other con- trols relative to the planning, construction, op- eration and management of property within the city of Dubuque. F. Transfer of Ownership Transfer of ownership or lease of property in the Historic Millwork District PUD shall in- clude in the transfer or lease agreement a pro- vision that the purchaser or lessee acknowl- edges awareness of the conditions authorizing the establishment of the District PUD. G. Recording A copy of this PUD Ordinance shall be recorded, at the expense of the City of Dubu- que, with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval. This ordinance shall be binding upon the under- signed and his /her heirs, successors and as- signs. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Io- wa. Section 3. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved and adopted this 17th day of January, 2012. /s /Ric W. Jones, Mayor Pro Tem Attest: /s /Kevin Firnstahl, City Clerk Published officially in the Telegraph Herald Newspaper on the 20th day of January, 2012. /s /Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. Book 142 Regular Session January 17, 2012 21 ACTION ITEMS General Obligation Urban Renewal Bonds Series 2012A and General Obligation Bonds Series 2012B: City Manager recommending advertisement for the sale of the $4,380,000 General Obligation Urban Renewal Bonds, Series 2012A and $7,495,000 General Obliga- tion Bonds, Series 2012B and approval of the electronic bidding procedures. Motion by Con- nors to receive and file the documents and adopt Resolution No. 19 -12 Directing the ad- vertisement for sale of $4,380,000 General Obligation Urban Renewal Bonds Series 2012A and $7,495,000 General Obligation Bonds Series 2012B, approving electronic bidding procedures, and authorizing distribu- tion of a Preliminary Official Statement. Se- conded by Lynch. City Manager Van Milligen and Budget Director Jenny Larson provided information on the current status of the City's debt capacity. Motion carried 6 -0. RESOLUTION NO. 19 -12 DIRECTING THE ADVERTISEMENT FOR SALE OF $4,380,000 GENERAL OBLIGA- TION URBAN RENEWAL BONDS, SERIES 2012A AND $7,495,000 GENERAL OBLIGA- TION BONDS, SERIES 2012B, APPROVING ELECTRONIC BIDDING PROCEDURES, AND AUTHORIZING DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT Whereas, the City of Dubuque, Iowa (the "City ") is in need of funds to pay costs of the construction, reconstruction and repair of street, sidewalk and streetscape improve- ments, including those costs associated with the East 7th and Commercial Street recon- struction and related improvements, two -way street traffic conversions, and Historic Millwork District "complete streets" improvements, and the refunding and refinancing of the General Obligation Capital Loan Notes, Series 2010F, dated September 20, 2010, essential corpo- rate purpose projects, and it is deemed neces- sary and advisable that the City issue general obligation bonds for said purpose in the amount of not to exceed $9,000,000 as author- ized by Section 384.25 of the Code of Iowa; and Whereas, pursuant to notice published as required by Section 384.25 this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issu- ance of the above described Bonds, and all objections, if any, to such Council action made by any resident or property owner of said City were received and considered by the Council; and it is the decision of the Council that addi- tional action be taken for the issuance of said Bonds, and that such action is considered to be in the best interests of said City and the residents thereof; Whereas, the City also is in need of funds to pay costs of aiding in the planning, under- taking and carrying out of urban renewal pro- ject activities under the authority of Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, including those costs associated with the construction of an intermodal transportation center, and it is deemed necessary and advisable that the City issue general obligation urban renewal bonds for said purpose to the amount of not to ex- ceed $5,000,000 as authorized by Sections 403.12 and 384.24(3)(q) of the Code of Iowa; and Whereas, pursuant to notice published as required by Sections 403.12 and 384.24(3)(q) this Council has held a public meeting and hearing upon the proposal to institute proceed- ings for the issuance of the above described Bonds, and no petitions were filed calling for an election thereon and all objections, if any, to such Council action made by any resident or property owner of said City were received and considered by the Council; and it is the deci- sion of the Council that additional action be taken for the issuance of said Bonds, and that such action is considered to be in the best interests of said City and the residents thereof; Whereas, pursuant to Section 384.28 of the Code of Iowa, it is appropriate to offer the foregoing Bonds for sale in two separate se- ries, in the aggregate principal amounts as hereinafter described; 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 approved 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 infor- mation 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 main- tain the integrity and security of the competi- tive bidding process and facilitate the delivery of bids by interested parties; 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 facsimile and internet communication. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the receipt of electronic bids for the Bonds hereinafter described by facsimile machine and through the PARITY competitive bidding system described in the 22 Regular Session January 17, 2012 Book 142 Notice of Bond Sale described herein are hereby found and determined to provide rea- sonable security and to maintain the integrity of the competitive bidding process, and to fa- cilitate the delivery of bids by interested parties in connection with the offering of the Bonds hereinafter described at public sale. Section 2. 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, correc- tions or modifications as the Finance Director, upon the advice of bond counsel and the City's financial advisor, shall determine to be appro- priate, and is authorized to be distributed thereafter in connection with the offering of the Bonds for sale. Section 3. That the City Clerk be and is hereby authorized and directed to publish no- tice of sale of said Bonds at least once, the last one of which shall be not less than four clear days nor more than twenty days before the date of the sale. Publication shall be made in the Telegraph Herald, a legal newspaper, printed wholly in the English language, pub- lished within the county in which the Bonds are to be offered for sale or an adjacent county. Said notice is given pursuant to Chapter 75 of the Code of Iowa, and shall state that this Council, on the 6th day of February, 2012, at 6:30 o'clock P.M., will hold a meeting to re- ceive and act upon bids for said Bonds; said notice to be in substantially the [provided] form. Passed and approved this 17th day of Jan- uary, 2012. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk 2011 National Electrical Code: City Man- ager recommending adoption of the 2011 edi- tion of the National Electrical Code, which will keep the City of Dubuque's electrical ordi- nance consistent with the State of Iowa's re- quirements. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Resnick. Motion carried 6 -0. Motion by Connors for final consideration and passage of Ordinance No. 3 -12 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article D Electrical Code by Regulating the Approved Applications and Use of NM Cable. Seconded by Resnick. Motion carried 6 -0. OFFICIAL PUBLICATION ORDINANCE NO. 3 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE D ELECTRICAL CODE BY REGULATING THE APPROVED APPLI- CATIONS AND USE OF NM CABLE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1D-1 of the City of Dubuque Code of Ordinances is amended to read as follows: 14-1D-1: National Electrical Code Adopted: Except as hereinafter added to, deleted, modified or amended, there is hereby adopted by reference as the electrical code of the city that certain electrical code known as the na- tional electrical code, 2011 edition, as pre- pared and edited by the National Fire Protec- tion Agency, Quincy, Massachusetts, and the provisions of such electrical code shall be con- trolling in the supply of electricity and in the installation, maintenance and use of all electri- cal conductors and equipment and installation of optical fiber cable within the corporate limits of the city, and shall be known as the Dubuque electrical code. A copy of the national electrical code, 2011 edition, as adopted, shall be on file in the office of the city clerk for public inspec- tion. Section 2. Section 14-1D-2 of the City of Dubuque Code of Ordinances is amended to read as follows: 14-1D-2: National Electrical Code Amend- ments: The national electrical code adopted by section 14 -1D -1 of this article is hereby amended as follows: 82 -1. Permits Required. (b). Exempt Work. An electrical permit shall not be required for the following: (1). Portable motors or other portable ap- pliances energized by means of a cord or ca- ble having an attachment plug end to be con- nected to an approved receptacle when that cord or cable is permitted by this code; (2). Repair or replacement of fixed motors, transformers, or fixed approved appliances of the same type and rating in the same location; (3). Temporary decorative lighting; (4). Repair or replacement of current - carrying parts of any switch, contractor, or control device; (5). Reinstallation of attachment plug re- ceptacles, but not the outlets therefor; (6). Repair or replacement of any overcur- rent device of the required capacity in the same location; (7). Repair or replacement of electrodes or transformers of the same size and capacity for Book 142 Regular Session January 17, 2012 23 signs or gas tube systems; (8). Taping joints; (9). Removal of electrical wiring; (10). Temporary wiring for experimental purposes in suitable experimental laborato- ries; or (11). The wiring for temporary theater, mo- tion picture, or television stage sets. However, any such exempted work that is to be performed in other than a single - family home by the qualifying homeowner shall be performed by or directly supervised by the holder of a state of Iowa class "A" or "B" mas- ter or journeyman electrical license. 82 -2. Permit Process. (a). Application For Permit. The applicant for an electrical permit must be one of the fol- lowing: (1). The homeowner as defined elsewhere in this ordinance; or, (2). Registered with the state of Iowa as a class "A" master electrical license and affiliated with an electrical con- tracting firm or business that is also licensed by and registered with the state of Iowa. 83 -1. Definitions. For use within this article, the following words and phrases are defined: Electrical equipment means all electrical materials, wiring, conductors, fittings, devices, appliances, fixtures, signs, and apparatus or parts thereof. Electrical work means all installations, al- terations, repairs, removals, renewals, re- placements, connections, disconnections, and maintenance of all electrical equipment except as otherwise noted. Homeowner means the owner of property that is the owner's principal place of residence, if such residence is an existing dwelling rather than new construction and is not larger than a single family dwelling or farm property and shall qualify for the homestead tax exemption. Licensed means licensed under this article or Iowa Code section 103.2, except as other- wise specified. Maintenance electrician means a person who has the necessary training, experience, and technical knowledge to undertake the work of servicing, maintaining, and repairing electrical devices, appliances, and equipment within the stipulated confines of property owned or controlled by the firm, business, or company by whom employed. An electrical maintenance certificate of competency may be issued to an individual and will entitle the hold- er thereof to undertake the work of servicing, maintaining, and repairing electrical devices, appliances, and equipment only within the confines of the property owned by such indi- vidual for use or application to such property. Registered, under this article, means a copy of the licensed person's license and cur- rent contact information has been provided to the city of Dubuque building services depart- ment on forms provided by building services department, except as otherwise specified. 83 -2. Registration Required; Exceptions. (a). No person, firm, or corporation shall per- form any electrical work as an electrical con- tractor, master electrician, journeyman electri- cian, apprentice electrician, unclassified per- son, or maintenance electrician in the city of Dubuque unless registered as provided in this article. (b). No electrical contractor or electrical maintenance electrician shall employ any ap- prentice or unclassified person to perform any electrical work unless said apprentice or un- classified person is under the direct personal on- the -job supervision of a state master elec- trician or state journeyman electrician. The ratio of apprentice electricians or unclassified persons to holders of state of Iowa master or journeyman electrical licenses or electrical maintenance licenses at any time shall not exceed the ratios given in subsection 83 -2(f). 83 -3. Classes Of Dubuque Electrical Li- cense. (b). One (1) class of license is hereby es- tablished and certificates thereof shall be re- newed only upon the direction of the Dubuque electrical code board. This class shall be des- ignated respectively as: Electrical maintenance license shall entitle the holder thereof to undertake, within the cor- porate limits of the city of Dubuque, the work of installing, servicing, maintaining, altering, and repairing electrical devices, appliances, and equipment within the confines of property owned or controlled by the firm, business, or company employing such registration holder or within the confines of property owned by an individual. 83- 7.Fees For Licenses. Before an electri- cal maintenance license is granted to any ap- plicant under this article and before an expiring electrical license issued by the city of Dubuque is renewed, the applicant shall pay to the city a fee as specified in table no. 13 -B. TABLE NO. 13 -B Electrical Examination, License Fees, 1. Initial fee for electrical maintenance li- cense $120.00 2. Renewal fee for electrical maintenance license $60.00 Examination fees are set by the testing agency 83- 12.Display of License. Every holder of a state of Iowa electrical license shall be able to produce their current license when on the job site or when making application for an electri- cal permit. 334.10 Uses Permitted Type NM, Type NMC, and Type NMS cables shall be permitted to be used in the following: (1) One- and two- family dwellings This sec- tion was revised for the 2011 Code to clarify that the requirements for the use of nonmetal- 24 Regular Session January 17, 2012 Book 142 lic- sheathed cable in garages of one- and two - family dwellings apply regardless of whether the garage is attached or detached. The same requirements also apply to detached sheds or storage buildings associated with one- and two- family dwellings. (2) Multifamily dwellings, two (2) stories or less in height, permitted to be of Types III, IV, and V construction except as prohibited in 334.12. (3) Other residential or accessory struc- tures, two (2) stories or less in height, permit- ted to be of Types III, IV, and V construction except as prohibited in 334.12. Cables shall be concealed within walls, floors, or ceilings that provide a thermal barrier of material that has at least a fifteen (15) minute finish rating as iden- tified in listings of fire -rated assemblies. (4) Manufactured buildings as defined and regulated in Article 545 of the National Electri- cal Code. Manufactured buildings must comply with the provisions of Article 545. A well - established means of codifying fire protection and fire safety requirements is to classify buildings by types of construction, based on materials used for the structural el- ements and the degree of fire resistance af- forded by each element. The five fundamental construction types used by the model building codes are Type I (fire resistive), Type II (non- combustible), Type III (combination of combus- tible and noncombustible), Type IV (heavy timber), and Type V (wood frame). Types I and II basically require all structural elements to be noncombustible, whereas Types III, IV, and V allow some or all of the structural elements to be combustible (wood). The selection of building construction types is regulated by the local building code, based on the occupancy, height, and area of the building. When a building of a selected height On feet or stories above grade) and area is permitted to be built of combustible construc- tion (i.e., Types III, IV, or V), the installation of nonmetallic- sheathed cable is permitted. The common areas (corridors) and incidental and subordinate uses (laundry rooms, lounge rooms, etc.) that serve a multifamily dwelling occupancy are also considered part of the multifamily occupancy, thereby allowing the use of nonmetallic- sheathed cable in those areas. If a building is to be of noncombustible construction (i.e., Type I or II) by the owner's choice, even though the building code would permit combustible construction, the building is allowed to be wired with nonmetallic- sheathed cable. In such an instance, nonmetallic - sheathed cable may be installed in the non- combustible building because the Code would have permitted the building to be of combus- tible construction. Section 334.10(5), which was previously in 334.10(A)(1), Exception, permits Type NM, nonmetallic- sheathed cables to be installed in Type I and Type II construction if the cables are within permitted raceways. A raceway is only permitted to be used if it complies with the article for the raceway and its use does not violate another article in the code. (A) Type NM. Type NM cable shall be permitted as follows: (1) For both exposed and concealed work in normally dry locations except as prohibited in 334.10(3) (2) To be installed or fished in air voids in masonry block or tile walls (B) Type NMC. Type NMC cable shall be permitted as follows: (1) For both exposed and concealed work in dry, moist, damp, or corrosive locations, except as prohibited by 334.10(3) (2) In outside and inside walls of masonry block or tile (3) In a shallow chase in masonry, con- crete, or adobe protected against nails or screws by a steel plate at least 1.59 mm (1/16 in.) thick and covered with plaster, adobe, or similar finish (C) Type NMS. Type NMS cable shall be permitted as follows: (1) For both exposed and concealed work in normally dry locations except as prohibited by 334.10(3) (2) To be installed or fished in air voids in masonry block or tile walls Section 3. This Ordinance takes effect up- on publication. Passed, approved and adopted the 17th day of January, 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald Newspaper on the 20th day of January 2012. /s /Kevin S. Firnstahl, City Clerk Purina Drive Weigh Scale House Building Project Award: City Manager recommending award of the contract to the low bidder, Stumpf Construction, in the amount of $156,698.80. Motion by Lynch to receive and file the docu- ments and adopt Resolution No. 20 -12 Award- ing the public improvement contract for the Purina Drive Weigh Scale House Building Pro- ject. Seconded by Connors. Discussion in- cluded concern over the disparity of costs for some bid components and local business bid- ders. Responding to questions from City Council, City Manager Van Milligen and City Attorney Lindahl address the law and policies related to choosing the lowest responsive re- sponsible bidder. Public Works Director Don Vogt stated that the department will perform value engineering design on several project Book 142 Regular Session January 17, 2012 25 components to mitigate costs. Motion carried 6 -0. RESOLUTION NO. 20 -12 AWARDING THE PUBLIC IMPROVEMENT CONTRACT FOR THE PURINA DRIVE WEIGH SCALE HOUSE BUILDING PRO- JECT Whereas, sealed proposals have been submitted by contractors for the Purina Drive Weigh Scale House Building Project (the Pro- ject) pursuant to Resolution No. 411 -11 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 23rd day of December, 2011; and Whereas, said sealed proposals were opened and read on the 6th day of January, 2012 and it has been determined that Stumpf Construction of Dubuque, Iowa, with a bid in the amount of $156,698.80 is the lowest re- sponsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Public Improvement Contract for the Project is hereby awarded to Stumpf Con- struction and the City Manager is hereby di- rected to execute a Public Improvement Con- tract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 17th day of January, 2012. Ric W. Jones, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk Convention and Visitors Bureau - Request for Work Session: Convention and Visitors Bureau Executive Director Keith Rahe request- ing that the annual Conventional and Visitors Bureau work session for Fiscal Year 2013 be set for 5:30 p.m. on February 6, 2012. Motion by Lynch to receive and file the documents and schedule the work session as requested. Seconded by Connors. Motion carried 7 -0. Fiscal Year 2013 Budget and Fiscal Policy Guidelines: City Manager recommending adoption of the Fiscal Year 2013 Budget Policy Guidelines. The guidelines reflect City Council direction given as part of the August 24 and 25, 2011, goal setting sessions. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Sutton. Responding to questions from City Council, City Manager Van Milligen and Budg- et Director Jenny Larson provided information regarding the increase in costs of health care and the JULE Transit System, which impact the budget and precipitates an anticipated property tax increase. There being no further business, upon mo- tion the City Council adjourned at 8:28 p.m. Kevin S. Firnstahl City Clerk 26 Special Session, January 30, 2012 Book 142 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 6:00 p.m. on January 30, 2012 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Lynch, Resnick, Sutton; City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a special session of the City Council to con- duct a work session on automated traffic en- forcement. WORK SESSION Automated Traffic Enforcement (ATE) Police Department Presentation City of Dubuque Police Chief Mark Dalsing provided background information on Dubu- que's local history with traffic cameras and referenced trial projects and new develop- ments in technology since completion of those projects. Chief Dalsing provided a slide presentation that highlighted the following top- ics: Accident investigations: Local accident to- tals as calculated by the Police Department, Engineering Department, and the Iowa De- partment of Transportation using street, multi- ple intersections and vehicle volume statistics; Traffic Enforcement: Top violations for 2011; Challenges: Locations, calls for service, size of city increasing; ATE Review process: On -site visits to oth- er cities, state -wide meetings, statistical and study reviews; Request for Proposals issued November 2011; closed December 2011, review commit- tee convened in January 2012; Official traffic control signals code excerpt 9 -7- 321.257 and definitions of "steady circular red" and "steady circular yellow' lights; ATE will be a matter of public record with changes, city entry points and enforcement areas well publicized; Review of the system: moment of violation through notification and owner options includ- ing violator options such as watching video of the infractions, contesting the fine, and /or pay- ing the fine; Additional benefits: live feed capability, post - accident/incident review, criminal investi- gations review; What ATE does not do: eliminate traffic violations, street investigations or eliminate the need for a physical officer. City Council discussion included infor- mation on the City's current traffic manage- ment system, information on establishment of fines and clarification of criminal fines vs. civil infractions; state and local fine requirements and jurisdiction; definitions and current en- forcement of yellow /red lights; local control and review of ATE system - generated violations; concern over citizen frustration with fine pro- cess; technological capabilities of the ATE system for managing cross - traffic detection and lighting; enforcement as a deterrent; con- sistency, and the request for proposal and vendor selection process. Engineering Safety Solutions City Engineer Gus Psihoyos provided a slide presentation that highlighted the following topics: Intersections: design, example projects, in- frastructure/equipment; Safer Geometric designs - Roundabout and statistics, Turning lane design (e.g. NW Arterial); Traffic safety improvements - Downtown mastarm improvements, Reduced lanes, speeds revised striping, improved crosswalks; Technology improvements: preemptions, battery backups; New 12 LED signals replacements. Factors affecting intersection safety: count down peds installed where appropriate, mas- tarm replacements, vision triangles, yellow beacons, yellow /red /green duration, clearance times and calculating ITE formulas (Institute of Transportation Engineers). Examples of red light accidents at Dubuque intersection. Responding to questions from City Council, City Engineer Gus Psihoyos stated that the department does not have statistical profile data on accidents and the current camera sys- tem is set for vehicle detection and not acci- dents or traffic enforcement. City Council dis- cussion included questions on signaled inter- sections vs. four -way stops; modification of yellow /red light clearance times; intentional vs. unintentional red light violations; and con- sistency throughout the City. Recommended Vendor Presentation Aaron Rosenberg, Executive Vice Presi- dent for Redflex Traffic Systems, Inc., provided Book 142 Special Session, January 30, 2012 27 background information on the company and outlined its credentials stating that is has 20- plus years of uninterrupted experience in 25 states and Canada including 50 municipalities in Iowa, Missouri, and Illinois, Mr. Rosenberg a slide presentation that highlighted the following topics: • Traffic Safety Coalition tool kit; • Crash /violation video samples; • U.S. fatality statistics from speed and red light accidents; • Intersections are a Planned point of conflict; • Dubuque accidents statistics; • Evaluating red light running programs in Iowa; • Public safety benefits results and statis- tics from the Arizona Department of Public Safety and City of Columbus, Ohio; • HALO collision avoidance technology. The ATE System is meant to be used just as other traffic enforcement designs are uti- lized to raise cognition through signage and behavior modification. The system will not arm until the red light is engaged. ABC: antecedents, behaviors, conse- quences; A: impatient, rushed, distracted; B: Stop (desired); Run (undesired); C: Punishment. Redflex has access to DMV of all 50 states strict screening guidelines. No ticket is sent out until Dubuque Police review or reject the viola- tion; Mailed notifications include a URL /video link, photo images, and a call center number with trained personal. Violators may ap- peal /pay the violation or nominate another driver who is responsible for the violation. Most states adhere to civil infractions that have the same rights and privileges as a parking ticket. Examples the website from the violator and police perspectives were provided. Public outreach — template driven technology, branding, website development, and common consistent messaging. Responding to questions from City Council, Mr. Rosenberg stated that Reflex is responsi- ble for all up- front. Pricing is determined in many ways and is established per contract such as fixed fees or a percentage of paid violations. Other discussion included local au- thority to review violations, violations that are not safety issues, the need for camera's in Dubuque will be determined through crash /violation history and actual occurrence video, review of other design issues /options, reasons for removing the system as compared to other cities, "big brother" syndrome, next steps, and monitoring proposed legislation. Following discussion the City Council reached consensus on having staff continue negotiations with the recommended vendor and await the outcome of proposed state legis- lation regarding the subject of automated traf- fic enforcement. There being no further business, upon motion the City Council adjourned at 8:22 p.m. /s /Kevin Firnstahl City Clerk 28 Special Session February 6, 2012 Book 142 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:30 p.m. on February 6, 2012 in the Historic Federal Building. Present: Mayor Pro -Tern Jones, Mayor Buol (joined at 5:50 p.m.), Council Members Braig, Connors, Lynch, Resnick, Sutton; City Manager Van Mil!igen, City Attorney Lindahl Mayor Pro -Tern Jones read the call and stated this is a special session of the City Council to conduct a work session on the Dubuque Convention and Visitors Bureau. WORK SESSION Dubuque Convention and Visitors Bureau Convention and Visitors Bureau Director Keith Rahe provided a slide presentation on how tourism is working in Dubuque. Topics included: • Dubuque Area Chamber of Com- merce Organizational Chart • Six Elements of the CVB • individual/family • convention delegate • group tour clients • sports competitor • family & military reunion • event attendee • Partners • Dubuque visitors statistics for 2011 • Tourism awards • Impact studies (local economy) • Welcome Center & Hospitality • Marketing • Collateral pieces • Visitors Guide • Meeting Planner Guide • Group Tour Manual • Web site and mobile site • Leisure Traveler • Markets • Billboards • Television • Radio • Print publications • e- Blasts • Public relations coverage and collab- oration • Collaborative marketing • Social media • Convention & group sales • Festivals & events • Dubuque Regional Sports Commis- sion • National & state sporting events • 2012 potential events • Budget • Introduction of staff There being no further business, upon mo- tion the City Council adjourned at 6:21 p.m. Is/Kevin S. Firnstahl City Clerk Book 142 Regular Session February 6, 2012 29 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on February 6, 2012 in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Sut- ton; City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council to act upon such business that may properly come before the Council. PLEDGE OF ALLEGIANCE MOMENT OF SILENCE PRESENTATION National Trust for Historic Preservation: Dubuque Main Street Executive Director Dan LoBianco presented the 2011 National Preser- vation Honor Award for the Roshek Building Redevelopment to Mayor Buol and the City Council. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Resnick. Motion carried 7 -0. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 11/22/11, City Conference Board of 3/9/11 and 7/18/11, City Council proceedings of 1/17/12 and 1/30/12, Civic Center Commission of 12/5/11, Community Development Advisory Commission of 11/30/11, 12/14/11 and 1/11/12, Dubuque County Emergency Man- agement Commission of 11/8/11, Historic Preservation Commission of 1/19/12, Housing Commission of 11/22/11, Human Rights Commission of 8/15/11, 10/10/11 and 12/3/11, Investment Oversight Advisory Commission of 1/25/12, Library Board of Trustees of 12/14/11, Proof of Publication for City Council meetings of 1/3/12 and 1/17/12, Proof of Publication for List of Claims and Summary of Revenues for Month Ending 12/31/11. Upon motion the doc- uments were received and filed. Notice of Claims and Suits: Ira Dement for vehicle damage, Vern Eppler for vehicle dam- age, Michael and Betty Fishnick for property damage, Rene Rogerson /Dubuque Properties, LLC for property damage, Tony Rokusek for vehicle damage, William Taylor for vehicle damage, United Heartland for Rebecca Voss for personal injury. Upon motion the docu- ments were received, filed and referred to the City Attorney. Disposition of Claims and Suits: City Attor- ney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: Ira Dement for vehicle damage, Verne Eppler for vehicle damage, Michael & Betty Fishnick for property damage, Rene Rogerson /Dubuque Properties LLC, for prop- erty damage, Tony Rokusek for vehicle dam- age, William Taylor for vehicle damage. Upon motion the documents were received, filed, and concurred. Delinquent Grass and Weed Cutting and Garbage Collection Accounts: City Manager recommending adopting of a resolution author- izing the City Clerk to certify the grass and weed cutting and garbage collection charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. Upon motion the documents were received and filed and Resolution No. 21- 12 Authorizing the City to collect delinquent grass and weed cutting and garbage collection charges in accordance with Title 6 -6- 3C2o; Title 6 -6 -4B3 & Title 6 -6B of the Code of Ordi- nances of the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 21 -12 AUTHORIZING THE CITY TO COLLECT DE- LINQUENT GRASS AND WEED CUTTING AND GARBAGE COLLECTION CHARGES IN ACCORDANCE WITH TITLE 6- 6 -3C2O; TITLE 6 -6 -4B3 & TITLE 6 -6B OF THE CODE OF ORDINANCES OF THE CITY OF DUBU- QUE, IOWA Whereas, residential properties in the City of Dubuque are considered substandard if any conditions exist to an extent that endanger life, limb, health, property, safety or welfare of the public or the occupants thereof; and Whereas, whenever in the judgment of the Housing Officer, a nuisance that is "palpably and indisputably such" exists which requires immediate action to protect the public health, safety or welfare of the public, the Housing Officer may order the emergency abatement of such; and Whereas, delinquent grass and weed cut- ting and garbage collection charges shall be certified by the City Clerk to the Dubuque 30 Regular Session February 6, 2012 Book 142 County Treasurer for collection with, and in the same manner as general property taxes; and Whereas, the assessments may be paid in full or in part without interest at the City Treas- urer's Office, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after the date of the first publication of the no- tice of the filing of the Schedule of Assess- ments with the County Treasurer. After 30 days, unpaid assessments are payable at the County Treasurer's Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and charges shall be collected in the same manner as general property taxes against the respective parcels of the property set forth on the attached schedule. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the persons listed on the attached GrassNVeed /Garbage Assessment Schedule are delinquent in the payment of grass and weed cutting and garbage collection charges: Section 2. That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named on the attached GrassNVeed /Garbage Assessment Schedule are delinquent in the payment of grass and weed cutting and garbage collection charges in the amount set aside of the respective names, and that said amounts shall be collect- ed in the same manner as general property taxes against the respective parcels of proper- ty set opposite the names of the owners. Passed, approved and adopted this 6th day of February, 2012. Roy D Buol, Mayor Attest: Kevin S Firnstahl, City Clerk Schedule of Assessments Delinquent Grass and Weed Cutting and Garbage Collection Charges Dubuque Property Mgmt 8505 Southern Hills Court Dubuque IA 52003, Lots 46 -50 and Lot 2 of 51 Lennox Add, unknown, $450.00, grass, weeds and garbage Judith Ann Beecher 55 Milwaukee St. Dubuque IA 52001, 55 Milwaukee, 1014228013, $215.00, garbage Mark A Morrison 1825 Shoreline Drive #314 Alameda CA 94501, 1356 Elm St, 1024432007, $110.00, garbage Ryan Neuhaus 2535 Coates Street Dubu- que IA 52003, 355 Kaufmann, 1024127031, $300.00, grass and weeds Janice Weis 400 E 22nd St Dubuque IA 52001, 400 E 22nd, 1024211001, $1,120.00, grass, weeds and garbage Bryan R Glanz /Brianne S Roddick 1305 N Grandview Avenue Dubuque, IA 52003, 2995 Hillcrest, 1022338001, $105.00, garbage Kevin D and Sarah E Halfhill 1825 Wood St. Dubuque IA 52001, 1801 Lincoln, 1118133008, $205.00, grass and weeds Laird Properties Ltd 3960 Cedar Heights Court Dubuque IA 52002, 909 Rhomberg, 1013477015, $70.00, garbage Greg A Prehm 8505 Southern Hills Court Dubuque IA 52003, 574 Chestnut, 1024381006, $140.00, garbage JBM Enterprises LLC 14186 Dietz Drive Dubuque IA 52002, 625 Rhomberg, 1013487012, $175.00, garbage Jesse J Rans 125 Kayle Drive Manchester IA 52057, 2008 Foye, 1024177022, $250.00, grass and weeds Michael D Voss 1280 Cleveland Avenue Dubuque IA 52003, 1280 Cleveland, 1025361012, $930.37, garbage Andrew M and Shannon R Schneider 2065 Deborah Drive Dubuque IA 52001, 1821 Rhomberg, 1118134011, $265.00, grass and weeds Jody L Lenstra 817 7th Street Dike IA 50624, 1903 Grace, 1026210007, $120.00, grass, weeds and garbage High Performance Properties 8505 South- ern Hills Court Dubuque IA 52003, 1592 Iowa, 1024403002, $1,030.00, grass, weeds and garbage Daniel J Seifker 1838 Central Avenue Dubuque IA 52001, 1838 Central, 1024256005, $100.00, garbage Michelle Scott 607 W 8th Street Dubuque IA 52001, 607 W 8th, 1025130023, $115.00, grass and weeds Dale B and Linda J Walker 1271 Lakeside Drive #3127 Sunnyvale CA 94085, 830 Valen- tine, 1035305004, $295.00, grass and weeds Secy Housing & Urban Dev 210 Walnut Street Des Moines IA 50309, 1603 Washing- ton, 1024268021, $205.00, grass and weeds Thomas J and Martha J Blake 115 Skyline Drive Guttenberg IA 52052, 215 E 22nd, 1024203023, $140.00, grass and weeds Nottingham Properties LLC 2115 Kennedy Road Dubuque, IA 52001, 1620 White, 1024267006, $350.00, grass, weeds and gar- bage Thomas E and Mona L Burbach 614 E 22nd Street Dubuque IA 52001, 230 E 15th, 1024426004, $265.00, garbage BRP Properties LLC 8505 Southern Hills Court Dubuque IA 52003, 1118 White, 1024439006, $210.00, grass, weeds and gar- bage Henkels & Co Inc. Richard A Henkel 13912 Whistle Wind Lane Dubuque IA 52002, 1812 Central, 1024256008, $196.00, garbage Matthew J and Jeanne A Cottrell 1571 Washington Street Dubuque IA 52001, 1571 Washington, 1024281011, $175.00, grass Book 142 Regular Session February 6, 2012 31 and weeds Bon Vivant LLC do James/Kathy Bauerly 3500 Dodge Street #387 Dubuque IA 52003, 562 Almond, 1024177006, $150.00, garbage PNC LLC 2281 Hancock Avenue Eagle Grove IA 50533, 2512 Elm, 1013413009, $190.00, grass, weeds and garbage Wells Fargo Bank NA Trustee c/o Ameri- can Home Mortg Sery 4600 Regent Blvd Irving TX 75063, 1683 Wisconsin, 1027226015, $65.00, grass and weeds Jeffrey Welter 695 Kane Street Dubuque IA 52001, 695 Kane, 1014433014, $382.53, grass, weeds and garbage Cottage Estates LC 3500 Dodge Street #387 Dubuque, IA 52003, 752 Cottage, 1023236006, $88.84, garbage Federal Natl Mortg Assoc P 0 Box 650043 Dallas TX 75265, 749 Wilson, 1025131004, $305.00, grass and weeds Scott Volz 1449 Jackson Street Dubuque IA 52001, 1449 Jackson, 1024409011, $95.00, grass and weeds US Bank NA %Wells Fargo Real Estate 1 Home Campus Macx2302 -04d Des Moines IA 50328, 1530 Jackson, 1024281006, $135.00, grass and weeds Wells Fargo Bank NA Tr. c/o Ocwen Loan Srv. #705573384 Box 24737 West Palm Beach FL 33416, 556 Clarke, 1024155052, $185.00, grass and weeds Fed Home Loan Mortg Corp 5000 Plano Pkwy Carrollton TX 75010, 705 W 3rd, 1 0251 8201 2, $210.00, grass and weeds Maurice Kirchberg 1228 Jackson Street Dubuque IA 52001, 1228 Jackson, 1024435011, $400.00, garbage High Performance Properties 8505 South- ern Hills Court Dubuque IA 52003, 1496 White, 1024409001, $230.00, garbage Ocean Rock Investments LC 1940 Amelia Drive Dubuque IA 52001, 4060 Peru, 1012176002, $260.00, garbage Dubuque Properties LLC 1805 State Street #103 Bettendorf IA 52722, 2076 Washington, 1024215001, $105.00, gar- bage Yankee 3 LLC 1664 Washington Street Dubuque IA 52001, 1527 Central, 1024403015, $85.00, garbage Property Investment Group LLC 605 Bluff Street #132 Dubuque IA 52001, 2134 Central, 1024207008, $150.00, garbage BRP Properties LLC 8505 Southern Hills Court Dubuque IA 52003, 1010 University, 1025106004, $250.00, garbage Larry E & Rhonda L Latham 1814 Jackson Street Dubuque IA 52001, 1814 Jackson, 1024258017, $95.00, grass and weeds Jackson Square Estates 3500 Dodge Street #387 Dubuque IA 52003, 1597 Wash- ington, 1024281008, $130.00, garbage Federal Natl Mortg Assn 13455 Noel Road, Suite 600 Dallas TX 75240, 1103 Thomas, 1013436009, $115.00, grass, weeds and gar- bage Scott Shaffer 502 E 15th Street Dubuque IA 52001, 2911 Jackson, 1 01 31 5301 7, $85.00, grass, weeds and garbage BM Properties LLC 8110 Southern Hills Circle Dubuque IA 52003, 765 Alpine, 1025105025, $160.00, garbage Teodoro Rubio 2630 Roosevelt Street Dubuque IA 52001, 836 Merz, 1013434008, $95.00, garbage Christopher Staebell 189 E 5th Sterling IL 61081, 693 Clarke, 1024108013, $95.00, grass and weeds Reed Ray & Rand LC c/o Bonjour Estates LC 3500 Dodge Street #387 Dubuque IA 52003, 925 Garfield, 1118353009, $70.00, garbage Thomas J & Martha J Blake 115 Skyline Drive Guttenberg IA 52052, 2301 White, 1024130012, $280.00, garbage BRP Properties LLC 8505 Southern Hills Court Dubuque IA 52003, 1490 Cornell, 1024334001, $255.00, grass, weeds and gar- bage Cary A & Debra J Mandelka 2660 Greeley Street Dubuque IA 52001, 2660 Greeley, 1013312003, $95.00, grass and weeds Joseph E Healey 2586 Crissy Drive Dubu- que IA 52001, 1010 Wilson, 1025104004, $215.00, garbage Antonio G Conley 2512 Broadway Street Dubuque IA 52001, 1104 Riverview, 1 01 3431 01 2, $70.00, grass and weeds Paul R & Kitty A George 710 Merz Street Dubuque IA 52001, 710 Merz, 1013454030, $100.00, grass, weeds and garbage Charles W & Lisa A Wehrspann 13150 Cir- cle Ridge Road Sherrill IA 52073, 3870 Creston, 1021352001, $175.00, grass, weeds and garbage Bijou Estates LC c/o Bonjour Estates 3500 Dodge Street #387 Dubuque IA 52003, 3070 Westmore, 1015382010, $70.00, grass and weeds Thomas P & Julie M Kane 11020 Lakeview Drive Dubuque IA 52003, 2735 Asbury, 1022254003, $115.00, grass and weeds Queck Capital Management P 0 Box 762 Dubuque IA 52004 - 0762,2219 Washington, 1024203014, $80.00, gar- bage Daniel M & Keri L Keller 481 Sherwood East Dubuque IL 61025, 2162 Washington, 1024210002, $55.00, garbage Stuart G Hoover 850 White Street Dubu- que IA 52001, 656 W 11th, 1024385007, $225.00, garbage William J Finn 1860 Heeb Street Dubuque IA 52001, 2010 Shelby, 1024134046, $85.00, grass and weeds 32 Regular Session February 6, 2012 Book 142 Merlin J & Sandra L Meyer 340 Valley Street Dubuque IA 52001, 340 Valley, 1036202005, $95.00, grass and weeds Leroy P & Carol Ruden 412 4th Avenue SE Dyersville IA 52040, 1808 Grace, 1026251005, $70.00, grass and weeds Nathan B & Jennifer M Boyes 14130 Cy- press Point Dubuque IA 52002, 977 Cleve- land, 1025378004, $70.00, grass and weeds Curtis J Prado 2230 Francis Street Dubu- que IA 52001, 2230 Francis, 1 0241 2901 1, $75.00, grass, weeds and garbage Sec Housing & Urban Dev do Michaelson, Connor & Boul 4400 Will Rogers Pkwy#300 Oklahoma City OK 73108, 2224 Francis, 1 0241 2901 2, $120.00, grass, weeds and gar- bage Grand Estates LC do Bonjour Estates 3500 Dodge Street #387 Dubuque IA 52003, 145 S Grandview, 1026476026, $70.00, grass and weeds Richard Henry Then Testamentary Trust 4812 Then Road Bernard IA 52032, 2062 White, 1024213001, $85.00, garbage US Bank NA %Wells Fargo Real Estate 1 Home Campus Macx2302 -04d Des Moines IA 50328, 1494 Jackson, 1024426002, $120.00, grass and weeds OHP 17 LC 2920 Harrison Street Daven- port IA 52803, 326 W Locust, 1024329018, $65.00, grass and weeds Garden District Estates LC 3500 Dodge Street #387 Dubuque IA 52003, 75 W 24th, 1013377049, $115.00, garbage Stacy L Rhone 2412 White Street Dubuque IA 52001, 2412 White, 1013379010, $290.00, grass, weeds and garbage Residential Funding Co do GMAC Mort- gage LLC 1100 Virginia Drive Fort Washington PA 19034, 1576 Locust, 1024336003, $190.00, grass and weeds Larry P & Cheryl A Conley 2512 Broadway Street Dubuque IA 52001, 2512 Broadway, 1013377008, $245.00, grass, weeds and gar- bage Helicon Resources LLC 800 Spring Street Suite 101 Galena IL 61036, 2404 White, 1013379013, $115.00, garbage Queck Properties LLC P 0 Box 762 Dubu- que IA 52004 -0762, 2410 White, 1013379011, $70.00, grass, weeds and garbage John F Fazio & Alicia K Hall 1469 Marjorie Circle Dubuque IA 52002, 1794 Delhi, 1026211002, $185.00, grass, weeds and gar- bage Mark W Quade 1122 Center Place Dubu- que IA 52001, 1118 Center, 1024357006, $230.00, grass, weeds and garbage F28 LLC do Jeffrey K Bair 514 Loras Boulevard Dubuque IA 52001, 514 Loras, 1024340001, $65.00, grass and weeds Christopher F Curfman 765 Kelly Lane Dubuque IA 52003, 82 Alpine, 1025303003, $80.00, grass and weeds William J Kelly Jr 911 Tressa Street Dubu- que IA 52003, 1711 W 3rd, 1026252025, $75.00, grass and weeds Mark P & Deborah A McDonough 10946 Mockingbird Drive Peosta IA 52068, 855 W 5th, 1025176005, $35.00, grass and weeds Aaron D & Brianna L Locke 321 Monroe Street Dubuque IA 52001, 321 Monroe, 1013310005, $205.00, garbage West Locust Properties LLC 800 Spring Street #101 Galena IL 61036, 460 W Locust, 1024179004, $70.00, grass and weeds GNP LLC 1700 Auburn Street Dubuque IA 52001, 1480 Cornell, 1024334003, $100.00, grass and weeds Tri -State Property Mgmt 485 Locust Street Dubuque IA 52001, 641 W 11th, 1024381018, $95.00, grass and weeds Robert J & Maribeth P Devereaux P 0 Box 684 Elk Grove Village IL 60009, 2850 Burling- ton, 1014428006, $331.00, garbage David A & Kathy M Dickey 2088 Hum- mingbird Drive Dubuque IA 52002, 1866 Jack- son, 1024258003, $85.00, garbage 14th Street Properties LLC 800 spring Street #101 Galena IL 61036, 232 E 14th, 1024430002, $100.00, garbage Nicholas J & Leann S May 910 Lincoln Av- enue Dubuque IA 52001, 910 Lincoln, 1013477005, $75.00, garbage Mardi Gras Estates LC 3500 Dodge Street #387 Dubuque IA 52003, 2586 Central, 1013376002, $65.00, garbage Nottingham Properties LLC 2115 Kennedy Road Dubuque IA 52002, 2006 Humboldt, 1013477018, $75.00, garbage PNC LLC 2281 Hancock Avenue Eagle Grove IA 50533, 1029 W 5th, 1 0251 0801 8, $135.00, garbage Meyer Brothers of Dubuque LLP 205 Kaufmann Avenue Dubuque IA 52001, 2631 Washington, 1013330031, $170.00, grass and weeds Vacant and Abandoned Building and Prob- lem Property Assessments: City Manager rec- ommending adoption of a resolution authoriz- ing the City Clerk to certify the vacant and abandoned building and problem property charges to the Dubuque County Treasurer in order to establish real property liens for collec- tion of such charges. Upon motion the docu- ments were received and filed and Resolution No. 22 -12 Authorizing the City to collect delin- quent vacant and abandoned building and problem property charges in accordance with Title 6 -6 -3B1 h; Title 6 -6 -4B3 & Title 6 -6B of the Code of Ordinances of the City of Dubu- que, Iowa, was adopted. Book 142 Regular Session February 6, 2012 33 RESOLUTION NO. 22 -12 AUTHORIZING THE CITY TO COLLECT DE- LINQUENT VACANT AND ABANDONED BUILDING AND PROBLEM PROPERTY CHARGES IN ACCORDANCE WITH TITLE 6- 6 -3B1H; TITLE 6-6-4B3 & TITLE 6 -6B OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, residential properties in the City of Dubuque are considered hazardous or un- sanitary remises if vacant and abandoned buildings and problem properties are allowed to deteriorate according to 6 -6 -3B1 h; and Whereas, whenever in the judgment of the Housing Officer, a nuisance that is "palpably and indisputably such" exists which requires immediate action to protect the public health, safety or welfare of the public, the Housing Officer may order the emergency abatement of such; and Whereas, delinquent vacant and aban- doned building and problem property charges shall be certified by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as general property taxes; and Whereas, the assessments may be paid in full or in part without interest at the City Treasur- er's Office, City Hall, 50 W. 13th Street, Dubu- que, Iowa, at any time within 30 days after the date of the first publication of the notice of the filing of the Schedule of Assessments with the County Treasurer. After 30 days, unpaid as- sessments are payable at the County Treasur- er's Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and charges shall be collected in the same manner as gen- eral property taxes against the respective par- cels of the property set forth on the attached schedule. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the persons listed on the attached VAB /Problem Property Assessment Schedule are delinquent in the payment of vacant and abandoned building and problem property charges. Section 2. That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named on the attached VAB /Problem property Assessment Schedule are delinquent in the payment of vacant and abandoned building and problem property charges in the amount set aside of the respec- tive names, and that said amounts shall be collected in the same manner as general property taxes against the respective parcels of property set opposite the names of the owners. Passed, approved and adopted this 6th day of February, 2012. Roy D Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Schedule of Assessments Delinquent Vacant and Abandoned Build- ing and Problem Property Charges Janice Weis 400 E 22nd St Dubuque IA 52001, 400 E 22nd, 1024211001, $3,025.00, deconstruct garage, steps and porch Barbara Travis 700 English Lane Dubuque IA 52003, 517 Rhomberg, 1024229009, $2,020.00, remove '/% garage, rebuild gable end Stuart Hoover 850 White Street Dubuque IA 52001, 656 W. 11th, 1024385007, $170.00, remove back porch and secure door State Consolidated Funding - Jule Transit Authorizing Resolution: City Manager recom- mending approval of the Consolidated Funding application and Authorizing Resolution that was submitted to the Iowa Department of Transportation for Fiscal Year 2012 funding for The Jule. Upon motion the documents were received, filed, and approved. Hendricks Feed and Seed Co., Inc. - Easement Acceptance: City Manager recom- mending acceptance of an Easement from Hendricks Feed and Seed Co., Inc. for storm sewer, underground electric, fiber optic cable, traffic signals and other appurtenances at 880 Central Avenue. Upon motion the documents were received and filed and Resolution No. 23- 12 Accepting the grant of an easement for storm sewer, underground electric, fiber optic cable, traffic signals and other appurtenances through, under and across a part of City Lot 328 in the City of Dubuque (880 Central Ave- nue) was adopted. RESOLUTION NO. 23 -12 ACCEPTING THE GRANT OF AN EASE- MENT FOR STORM SEWER, UNDER- GROUND ELECTRIC, FIBER OPTIC CABLE, TRAFFIC SIGNALS AND OTHER APPUR- TENANCES THROUGH, UNDER AND ACROSS A PART OF CITY LOT 328 IN THE CITY OF DUBUQUE Whereas, Hendricks Feed and Seed Co., Inc. has executed an Easement for Storm Sewer, Underground Electric, Fiber Optic Ca- ble, Traffic Signals, and Other Appurtenances through, under and across a part of City Lot 328 in the City of Dubuque, Dubuque County, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the grant of Easement for Storm Sewer, Underground Electric, Fiber 34 Regular Session February 6, 2012 Book 142 Optic Cable, Traffic Signals, and Other Appur- tenances through, under and across a part of City Lot 328 in the City of Dubuque, Dubuque County, Iowa, from Hendricks Feed and Seed Co., Inc., a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on be- half of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 6th day of February, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Collective Bargaining Agreement - Dubu- que Police Protective Association: City Man- ager recommending approval of the Collective Bargaining Agreement between the City of Dubuque and the Dubuque Police Protective Association for a two year period beginning July 1, 2012. Upon motion the documents were received and filed and Resolution No. 24- 12 Approving the agreement between the City of Dubuque, Iowa, and the Dubuque Police Protective Association and authorizing the Mayor to sign the Agreement was adopted. RESOLUTION NO. 24 -12 APPROVING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE DUBUQUE POLICE PROTECTIVE ASSOCI- ATION AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT Whereas, the Sixty -Fifth General Assembly adopted the Public Employment Relations Act, Chapter 20, Code of Iowa; and Whereas, the City of Dubuque is public employer within the meaning of Section 3 (1) of the Public Employment Relations Act; and Whereas, the Dubuque Police Protective As- sociation is an employee organization within the meaning of Section 3 (4) of the Public Em- ployment Relations Act; and Whereas, the Dubuque Police Protective Association submitted a request to bargain collectively on behalf of the employees within its representation; and Whereas, bargaining between the parties has occurred and an agreement has been con- cluded. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the terms of the agreement be approved and the Mayor authorized and directed to sign the collective bargaining agreement. Passed, approved and adopted this 6th day of February, 2012. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk Improvement Contracts / Performance, Payment and Maintenance Bonds: Grand Riv- er Center Carpet Replacement Project. Upon motion the documents were received and filed. Mines of Spain Master Plan Process - Bot- toms Property: City Manager transmitting in- formation on the Mines of Spain Master Plan process to be undertaken by the Iowa Depart- ment of Natural Resources for the Bottoms property, a planned expansion of the state park. Upon motion the documents were re- ceived and filed. Green Alley Permeable Pavers (17th - 18th Between Jackson and Washington Streets) - Project Award: City Manager recommending award of the contract for the Green Alley Per- meable Pavers Project to the low bidder, McDermott Excavating, in the amount of $148,847.05. Upon motion the documents were received and filed and Resolution No. 25- 12 Awarding public improvement contract for the Green Alley Permeable Pavers Project (17th - 18th Between Jackson and Washington Streets) was adopted. RESOLUTION NO. 25 -12 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE GREEN ALLEY PERMEA- BLE PAVERS PROJECT (17TH — 18TH, BE- TWEEN JACKSON AND WASHINGTON STREETS) Whereas, sealed proposals have been submitted by contractors for the Green Alley Permeable Pavers Project (17th — 18th between Jackson and Washington Streets) (the Project) pursuant to Resolution No. 432 -11 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 19th day of December, 2011; and Whereas, said sealed proposals were opened and read on the 19th day of January, 2012, and it has been determined that McDermott Excavating of Dubuque, Iowa, with a bid in the amount of $148,847.05, is the low- est responsive, responsible bidder for the Pro- ject. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to McDermott Ex- cavating and the City Manager is hereby di- rected to execute a Public Improvement Con- tract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 6th day of February, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Book 142 Regular Session February 6, 2012 35 National Register Historic District Update - Cathedral Historic District City Manager rec- ommending approval of an update and amendment of the existing National Register of Historic Places designation for the Cathedral Historic District. Upon motion the documents were received, filed, and approved. 7th Street Retaining Wall Reconstruction - Project Award: City Manager recommending that the award for the 7th Street Retaining Wall Emergency Repairs Project be officially rec- orded in the minutes of the City Council. Upon motion the documents were received, filed and made a Matter of Record. Madison Street Retaining Wall Repair - Project Award: City Manager recommending that the award for the 7th Street Retaining Wall Emergency Repairs Project be officially rec- orded in the minutes of the City Council. Upon motion the documents were received, filed and made a Matter of Record. PEG Capital Expenditure Request: City Manager recommending approval of the Cable TV Tele- Programming Commission recom- mendation for funding from the Public, Educa- tional, and Government (PEG) Capital Grant for Access Equipment and Facilities in the amount of $15,500 for the City of Dubuque to replace the playback server in the CityChan- nel8 TV Control Room. Upon motion the doc- uments were received, filed, and approved. Request to Vacate - 2125 Kerper Blvd.: Correspondence from Thomas Giese of Giese Companies requesting that the City vacate a portion of a City street/alley abutting their property at 2125 Kerper Blvd. for use as addi- tional parking and storage. Upon motion the documents were received, filed and refer to the City Manager. Fiscal Year Ended June 30, 2011 Compre- hensive Annual Financial Report (CAFR): City Manager submitting the Fiscal Year 2011 Comprehensive Financial Report (CAFR), Au- ditor's Communication with Those Charged with Governance Letter, along with the City Finance staff's response. Upon motion the documents were received and filed. SW Arterial / Highway 20 Interchange - Competitive RISE Application: City Manager recommending approval of a resolution en- dorsing the support for the City's RISE Grant application for the development of the pro- posed Dubuque Industrial Center South - US Highway 20 Interchange. Upon motion the documents were received and filed and Reso- lution No. 26 -12 Endorsing the Submission of a Revitalize Iowa's Sound Economy (RISE) Application to the Iowa Department of Trans- portation for the construction of the proposed US Highway 20 and Seippel Road Interchange was adopted. RESOLUTION NO. 26 -12 ENDORSING THE SUBMISSION OF A RE- VITALIZE IOWA'S SOUND ECONOMY (RISE) APPLICATION TO THE IOWA DE- PARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION OF THE PROPOSED US HIGHWAY 20 AND SEIPPEL ROAD IN- TERCHANGE Whereas, the City of Dubuque believes that economic development opportunities re- quire developable industrial land with ade- quate public infrastructure in order to retain and attract new job creating businesses and industries to this community; and Whereas, the City of Dubuque is working with local and national industries in the devel- opment of industrial properties in the new Dubuque Industrial Center South; and Whereas, the Iowa Department of Trans- portation, through its Revitalize Iowa's Sound Economy (RISE) Competitive Project Funding, has monies available for the development of public roadways and infrastructure to support economic development opportunities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby endorses the application to the Iowa Depart- ment of Transportation for RISE grant funding to provide roadway and interchange access to new industrial sites in the Dubuque Industrial Center South. Section 2. That the City of Dubuque hereby certifies that said roadway improvements will be and shall remain dedicated for public use and that funding will be available to finance the City's portion of project costs. Section 3. That the City of Dubuque hereby agrees to discuss with the Iowa Department of Transportation the responsibility for and ongo- ing maintenance of said roadway improve- ments to ensure that the roadway will be ade- quately maintained in the future. Section 4. That the City Manager is author- ized to sign, on behalf of the City Council, the application for RISE grant funding. Passed, approved and adopted this 6th day of February, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Mines of Spain Lease - Temporary and Approval Agreement for Railroad Contract Work Area: City Manager recommending ap- proval of two agreements with the Iowa De- partment of Natural Resources related to the Mines of Spain and construction work on the 36 Regular Session February 6, 2012 Book 142 railroad bridge on Julien Dubuque Drive. Upon motion the documents were received, filed, and approved. Master Consulting Services Agreement Second Amendment - The Iowa Institute and David Lyons: City Manager recommending approval of an extension of the Smarter Sus- tainable Dubuque Project Management con- tract through June 30, 2013. Upon motion the documents were received, filed, and approved. Quarterly Investment Report: City Manager transmitting the Quarterly Investment Report for the quarter ending December 31, 2011. Upon motion the documents were received and filed. Fiscal Year 2013 Budget Transmittal: City Manager submitting the Fiscal Year 2013 Budget Transmittal. Upon motion the docu- ments were received and filed. Crescent Ridge Open Space Name Rec- ommendation: City Manager recommending naming the land donation of 12.93 acres of property located in the water way south of Target and Center Grove Drive as Center Grove Open Space. Upon motion the docu- ments were received, filed, and approved. Substance Abuse Services Center: City Manager transmitting the Second Quarter Re- port from the Substance Abuse Services Cen- ter. Upon motion the document was received and filed. Signed Contracts: A) MSA Professional Ser- vices Agreement for Eagle Point Park Wash- out Repair, B) IIW Agreement for Engineering Services for Intermodal Transportation Center Project, C) Short Form Contract with Vorwald Log and Lumber for deconstruction of 2242 Washington Street, D) IIW Contract Oversight of the Construction of ARC Transfer Center, E) Ted Stackis Construction Contract for Decon- struction of Properties on East 22nd Street Upon motion the documents were received and filed. Tobacco Compliance - Civil Penalty for Tobacco License Holders: City Manager rec- ommending approval of the Acknowledge - ment/Settlement Agreements for a first offense tobacco compliance violation for Lets Roll Tobacco, 3430 Dodge Street. Upon motion the documents were received, filed, and approved. Alcohol Compliance - Civil Penalty for Al- cohol License Holders: City Manager recom- mending approval of the Acknowledge - ment/Settlement Agreement for an alcohol compliance violation for Accessorize Me, 474 Bluff Street. Upon motion the documents were received, filed, and approved. Alcohol and Tobacco License Applications: City Manager recommending approval of an- nual liquor, beer, wine and tobacco licenses as submitted. Upon motion the documents were received and filed and Resolution No. 27 -12 Approving applications for beer, liquor, and /or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and Li- cense Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits; and Resolution No. 28 -12 Approving a permit as a tobacco products retailer as pro- vided by Iowa Code Section 453A.47A were adopted. RESOLUTION NO. 27 -12 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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 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 bonds and otherwise complied with the re- quirements 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 author- ized and directed to cause to be issued the following named applicants and permit types. Awn Stop Mart, Inc., 1998 Jackson St., Class C Beer Permit (Sunday) Baymont Inn & Suites, 4025 McDonald Dr., Class B Liquor License (LB) (Hotel /Motel) Big 10 Mart, 2100 J.F.K. Rd., Class C Beer, B native Wine Permit (Sunday) Cedar Cross AMOCO, 1200 Cedar Cross Rd., Class B Native Wine Permit (Sunday) El Paisano Grocery, 1543 Central Ave., Class C Beer Permit (Sunday) Hartig Drug Company #8, 1600 University Ave., Class E Liquor, C Beer, B wine carryout (Sunday) Pusateris', 2400 Central Ave., Class C Liq- uor License The Richards House B &B, 1492 Locust St., Class B Native Wine Permit (Sunday) Town Clock Inn, 799 Town Clock Plaza, Book 142 Regular Session February 6, 2012 37 Class C Liquor License Passed, approved and adopted this 6th day of February, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 28 -12 APPROVING A PERMIT AS A TOBACCO PRODUCTS RETAILER AS PROVIDED BY IOWA CODE SECTION 453A.47A Whereas, an application for a permit as a tobacco products retailer has been submitted and filed with the City Council for approval and the same has been examined and approved; and Whereas, the applicant has complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby author- ized and directed to issue a permit as a tobac- co products retailer to the following named applicant: Hy -Vee C Store #1, 3270 Dodge Street, Expiration Date June 30, 2012 Passed, approved and adopted this 6th day of February, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ITEM TO BE SET FOR PUBLIC HEARING Motion by Connors to receive and file the documents, adopt the resolutions, set the pub- lic hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Lynch. Motion carried 7 -0. Theisen Supply- Development Agreement: City Manager recommending that a public hearing be set for February 20, 2012, to con- sider disposition of approximately 5.7 acres to Leo Theisen. Upon motion the documents were received and filed and Resolution No. 29- 12 Resolution of Intent to dispose of an inter- est in City of Dubuque real estate and fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the proposed issuance of Urban Renewal Tax Increment Revenue Obligations and the execution of a Development Agreement relating thereto with Leo A. Theisen and Theisen Supply, Inc., and providing for the publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on Febru- ary 20, 2012 in the Historic Federal Building. RESOLUTION NO. 29 -12 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE AND FIXING THE DATE FOR A PUBLIC HEAR- ING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX IN- CREMENT REVENUE OBLIGATIONS AND THE EXECUTION OF A DEVELOPMENT AGREEMENT RELATING THERETO WITH LEO A. THEISEN AND THEISEN SUPPLY, INC. AND PROVIDING FOR THE PUBLICA- TION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property (the Property); Lot 2 of 2 Dubuque Industrial Center West 5th Addition in the City of Dubuque, Iowa; and Whereas, City and Leo A. Theisen and Theisen Supply, Inc. have entered into a De- velopment Agreement, subject to the approval of the City Council, a copy of which is now on file at the Office of the City Clerk, City Hall, 13th and Central Avenue, Dubuque, Iowa, pur- suant to which City will convey the Property to Leo A. Theisen and Theisen Supply, Inc. as shown on Exhibit B attached hereto; and Whereas, the City Council has tentatively determined that it would be in the best inter- ests of the City to approve the Development Agreement, including the conveyance of the Property to Leo A. Theisen; and Whereas, it is deemed necessary and ad- visable that City should authorize Urban Re- newal Tax Increment Revenue obligations, as provided by Chapter 403 of the Code of Iowa, and to enter into the Development Agreement relating thereto for the purpose of carrying out an Urban Renewal Plan as hereinafter de- scribed; and Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and /or written objections from any resident or property owner of said City to such proposed action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the foregoing - described Property by Deed to Leo A. Theisen. Section 2. The City Clerk is hereby author- ized and directed to cause this Resolution 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 fore�oing- described Property, to be held on the 20h day of February, 2012, at 6:30 o'clock p.m. in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa. Section 3. The City Council will also meet at said time and place for the purpose of taking action on the matter of authorizing Urban Re- 38 Regular Session February 6, 2012 Book 142 newal Tax Increment Revenue obligations and the execution of the Development Agreement relating thereto with Leo A. Theisen and Theisen Supply, Inc. the proceeds of which obligations will be used to carry out certain of the special financing activities described in the Urban Renewal Plan for the Dubuque Industri- al Center Economic Development District, consisting of the funding of economic devel- opments grants to Leo A. Theisen pursuant to the Development Agreement under the terms and conditions of said Urban Renewal Plan. It is expected that the aggregate amount of the Tax Increment Revenue obligations will be approximately $375,000. Section 4. The Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a newspaper, printed wholly in the English language, published at least once weekly, and having general circula- tion in said City, said publication to be not less than four days nor more than twenty days be- fore the date of said meeting on the issuance of said obligations. Section 5. That the notice of the proposed action to issue said obligations shall be in sub- stantially the form attached hereto. Passed, approved and adopted this 6th day of February, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS /COMMISSIONS Appointment to the following board /commission: Community Development Advi- sory Commission. Three 3 -year terms: One low /moderate- income area term (vacant term of Stubben) through February 15, 2015; One low /moderate- income area term (vacant term of Craddieth) through February 15, 2014; One at -large term (expired term of Wainwright) through February 15, 2015. Applicants: Adam Rathje, 299 Main St., Apt. #45 (Low /Moderate- Income Area) (Additional Applicant), Abagail Smith, 1780 Central Avenue 2A (Low /Moderate- Income Area) (Additional Ap- plicant), Thomas Wainwright, 1788 Lori Street (At- Large). Motion by Jones to appoint Thom- as Wainwright to the Community Development Advisory Commission to a 3 -year term through February 15, 2015, Adam Rathje through Feb- ruary 15, 2015, and Abagail Smith through February 15, 2014. Seconded by Connors. Motion carried 7 -0. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to address the City Council. Caradco Landlord, LLC and Warehouse Development, LLC - Grant of Easement: Proof of publication on notice of public hearing to consider granting an easement across Wash- ington Street to accommodate private service lines for fiber, television, power, telephone, cable, and future needs for the Caradco Land- lord, LLC & Warehouse Development, LLC property, which is in the process of renovation at 900 Jackson Street and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 30 -12 Granting easement for private utility to Caradco Landlord, LLC & Warehouse Development, LLC of Dubuque for an underlying portion of Washington Street; and Resolution No. 31 -12 Disposing of City interest by Grant of Easement to Caradco Landlord, LLC & Warehouse Development, LLC of Dubuque for an underlying portion of Washington Street. Seconded by Braig. Motion carried 7 -0. RESOLUTION NO. 30 -12 GRANTING EASEMENT FOR PRIVATE UTILITY TO CARADCO LANDLORD LLC & WAREHOUSE DEVELOPMENT LLC OF DUBUQUE FOR AN UNDERLYING POR- TION OF WASHINGTON STREET Whereas, Caradco Landlord LLC & Ware- house Development LLC has requested a "Grant of Easement" for Private Utility for an underlying portion of Washington Street for the fiber, television, power, telephone, cable and future needs; and Whereas, Buesing & Associates, Inc. has prepared and submitted to the City Council an exhibit showing the underlying portion of Washington Street, running between Lot 1 of Caradco Place and Lot 2 -1 of Center City Place #3 for the proposed private service utili- ties; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that the por- tion of underlying Washington Street can be utilized for this private utilities services cross- ing of Washington Street, as shown on the Exhibit A, in the City of Dubuque, Dubuque County, Iowa, should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the "Grant of Easement" for Private Utility for fiber, television, power, tele- phone, cable and future needs to the Caradco Landlord LLC & Warehouse Development LLC, 900 Jackson Street be and the same is hereby approved. Passed, approved and adopted this 6th day of February, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Book 142 Regular Session February 6, 2012 39 RESOLUTION NO. 31 -12 DISPOSING OF CITY INTEREST BY GRANT OF EASEMENT TO CARADCO LANDLORD LLC & WAREHOUSE DEVELOPMENT LLC OF DUBUQUE FOR AN UNDERLYING POR- TION OF WASHINGTON STREET Whereas, pursuant to resolution and pub- lished notice of time and place of hearing, pub- lished in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on this 20th day of January, 2012, the City Council of the City of Dubuque, Iowa met on the 6th day of February, 2012, at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa, to consider the proposal for the granting of easement de- scribed as: Washington Street, north of the intersec- tion of East 9th Street, in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the proposed granting of easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Grant of Easement for private utility by the City of Dubuque for under- lying portion of Washington Street described as under and across right -of -way north of East 9th Street between Lot 1 of Caradco Place and Lot 2 -1 of Center City Place #3 in the City of Dubuque, Iowa, be and the same is hereby approved for the sum of $500.00, plus map- ping costs. Section 2. The City of Dubuque reserves unto itself a perpetual easement of this same described area for the purpose of erecting, installing, constructing, reconstructing, repair- ing, owning, operating and maintaining all pub- lic utilities. Section 3. That the Mayor be authorized and directed to execute the Grant of Easement for private utility and the City Clerk be and is hereby authorized and directed to deliver said Grant of Easement to the Caradco Landlord LLC & Warehouse Development LLC upon receipt of the $500.00 payment. Section 4. That the City Clerk be and is hereby authorized and directed to record a certified copy of this Grant of Easement for private utility in the offices of the City Asses- sor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 6th day of February, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Historic White Water Bridge: Proof of pub- lication on notice of public hearing to consider the Historic White Water Creek Bridge land- mark nomination and the Historic Preservation Commission recommending approval. Motion by Connors to receive and file the documents and that the requirement that a proposed ordi- nance be considered and voted on for pas- sage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Resnick. Planning Ser- vices Manager Laura Carstens provided a staff report. Motion carried 7 -0. Motion by Connors for final consideration and passage of Ordinance No. 4 -12 Amending Title 16 Chapter 10 (Historic Preservation) of The City of Dubuque Code of Ordinances, Unified Development Code, by adding a new Section 16- 10- 7(B)(10) Designating the White Water Creek Bridge as a Landmark. Seconded by Resnick. Motion carried 7 -0. OFFICIAL PUBLICATION ORDINANCE NO. 4 -12 AMENDING TITLE 16 CHAPTER 10 (HIS- TORIC PRESERVATION) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY ADDING A NEW SECTION 16- 10- 7(B)(10) DESIGNAT- ING THE WHITE WATER CREEK BRIDGE AS A LANDMARK Whereas, the Historic Preservation Com- mission has recommended an amendment to Title 16 Chapter 10 (Historic Preservation) of the City of Dubuque Code of Ordinances des- ignating the White Water Creek Bridge as a landmark; and Whereas, the City Council concurs with the designation of the White Water Creek Bridge as a landmark in accordance with the provi- sions of Title 16 Chapter 10. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, Chapter 10 is hereby amended by adding the following new section: Sec. 16- 10- 7(B)(10) White Water Creek Bridge: The property hereinafter described is here- by designated as a landmark, according to the provisions of this chapter: The span of bridge situated on Lot H Dubuque Industrial Center West Final Plat, commonly known as the Bergfeld Recreation Area, 7600 Chavenelle Drive. Section 2. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 6th day of February, 2012. /s /Roy D. Buol, Mayor Attest: Is /Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald Newspaper on the 10th day of February, 2012. 40 Regular Session February 6, 2012 Book 142 Is /Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated lim- iting discussion to the City Council. ACTION ITEMS Greater Dubuque Development Corpora- tion - Quarterly Report: Executive Director Rick Dickinson provided a verbal update and the activities of the Greater Dubuque Development Corporation. Responding to questions from the City Council regarding Dubuque's cooperative environment, Mr. Dickinson cited three things the city has done, 1) hired talent in public of- fice, 2) Hired talent in the community, and 3) supported the talent hired. Motion by Jones to receive and file the information. Seconded by Braig. Motion carried 7 -0. Sale of General Obligation Urban Renewal Bonds Series 2012A and General Obligation Bonds Series 2012B: City Manager advising that the results of the sale of $4,380,000 Gen- eral Obligation Urban Renewal Bonds Series 2012A and $7,495,000 General Obligation Bonds Series 2012B will be brought to the February 6, 2012 City Council meeting for ap- proval. Motion by Braig to receive and file the documents and adopt Resolution No. 32 -12 Directing the sale of General Obligation Urban Renewal Bonds Series 2012A; Resolution No. 33 -12 Directing the sale of General Obligation Bonds Series 2012B; and Resolution No. 34- 12 Authorizing the Redemption of outstanding General Obligation Capital Loan Notes Series 2010F dated September 20, 2010. Seconded by Connors. PFM Senior Managing Consultant Tionna Pooler provided a summary of the bond sale. Motion carried 7 -0. RESOLUTION NO. 32 -12 DIRECTING SALE OF GENERAL OBLIGA- TION URBAN RENEWAL BONDS, SERIES 2012A Whereas, pursuant to notice as required by law, bids have been received at public sale for the Bonds described as follows and the best bid received is determined to be the following: GENERAL OBLIGATION URBAN RE- NEWAL BONDS, SERIES 2012A: Bidder: Robert W. Baird & Co., Inc., et al of Milwaukee, Wisconsin the terms of said bid being: Purchase Price:$4,360,912.95 Principal Amount:$4,380,000 True Interest Rate:2.5444% True Interest Cost:$1,274,992.74 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the bid for the Series 2012A Bonds as above set out is hereby de- termined to be the best and most favorable bid received and, said Series 2012A Bonds are hereby awarded based on said bid. Section 2. That the form of contract for the sale of said Series 2012A Bonds is hereby approved and the Mayor and City Clerk are authorized to execute and attest the same on behalf of the City. Section 3. That the notice of the sale of the Series 2012A Bonds heretofore given and all acts of the City Clerk and Finance Officer done in furtherance of the sale of said Series 2012A Bonds are hereby ratified and approved. Passed and approved, this 6 h day of Feb- ruary, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 33 -12 DIRECTING SALE OF GENERAL OBLIGA- TION BONDS, SERIES 2012B Whereas, pursuant to notice as required by law, bids have been received at public sale for the Bonds described as follows and the best bid received is determined to be the following: GENERAL OBLIGATION BONDS, SE- RIES 2012B: Bidder: Robert W. Baird & Co, Inc. et al of Milwaukee, Wisconsin the terms of said bid being: Purchase Price: $7,428,1 95.75 Principal Amount: $7,495,000 True Interest Rate: 2.7031% True Interest Cost: $2,291,394.39 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the bid for the Series 2012B Bonds as above set out is hereby de- termined to be the best and most favorable bid received and, said Series 2012B Bonds are hereby awarded based on said bid. Section 2. That the form of contract for the sale of said Series 2012B Bonds is hereby approved and the Mayor and City Clerk are authorized to execute and attest the same on behalf of the City. Section 3. That the notice of the sale of the Series 2012B Bonds heretofore given and all acts of the City Clerk and Finance Officer done in furtherance of the sale of said Series 2012B Bonds are hereby ratified and approved. Passed and approved, this 6th day of Feb- ruary, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Book 142 Regular Session February 6, 2012 41 RESOLUTION NO. 34 -12 AUTHORIZING THE REDEMPTION OF OUTSTANDING GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2010F, DATED SEPTEMBER 20, 2010, OF THE CITY OF DUBUQUE, IOWA, AND DIRECT- ING NOTICE OF REDEMPTION Whereas, the City has heretofore author- ized the issuance of $2,850,000 General Obli- gation Capital Loan Notes, Series 2010F, dat- ed September 20, 2010 (the "Series 2010F Notes "); and Whereas, the Series 2010F Notes may be called for redemption and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, upon giving notice in the manner provided in the foregoing resolution authorizing the issuance of the Series 2010F Notes; and Whereas, it is deemed necessary and ad- visable that the Series 2010F Notes be so redeemed and notice of redemption be given. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the outstanding General Obligation Capital Loan Notes, Series 2010F, dated September 20, 2010, in the principal amount of $1,900,000, be and the same are hereby redeemed as of March 15, 2012. Section 2. The Finance Director, as Regis- trar and Paying Agent for the Series 2010F Notes, is hereby authorized and directed to cause notice of such redemption to be given not less than ten (10) days prior to the re- demption date. Section 3. The Finance Director is hereby authorized and directed to cause to be depos- ited in a separate fund, from the proceeds of the General Obligation Bonds, Series 2012B, an amount sufficient to pay all principal and interest on the redeemed Series 2010F Notes to the date of redemption. Section 4. That the form of such notice be substantially as [provided]: Passed and approved this 61h day of Feb- ruary, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk High Impact Service Plan - Cities of Ser- vice /AARP Recognition Grant: City Manager recommending approval of the High Impact Service Plan as part of the requirements of the Cities of Service /AARP Initiative and Recogni- tion Grant. Motion by Connors to receive and file the documents and approve the recom- mendation. Seconded by Braig. Motion carried 7 -0. Pre - Annexation Agreement - 10924 Key West Drive: City Manager recommending ap- proval of a pre- annexation agreement that provides for extension of City water to the property in exchange for the property to be annexed in the future. Motion by Lynch to re- ceive and file the documents and approve the recommendation. Seconded by Jones. City Attorney Lindahl stated that the exchange transfers with the deed. Motion carried 7 -0. Green Dubuque - Community Climate Ac- tion Plan Proposal: City Manager is recom- mending staff be authorized to negotiate and execute a contract with Green Dubuque, Inc., as outlined in their proposal. Motion by Braig to receive and file the documents and approve the recommendation. Seconded by Jones. Motion carried 7 -0. Comprehensive Plan - Format Recom- mendation: City Manager transmitting two op- tions for how the icons for the 11 Sustainability Principles can be incorporated in the Compre- hensive Plan's Elements and requests City Council direction on the desired format for the Comprehensive Plan Update. Restated motion by Braig to receive and file the documents and select Option #2. Seconded by Connors. Mo- tion carried 7 -0. Cable TV Commission Proposal: City Manager recommending retiring the Cable Tele- Programming Commission and the Cable Regulatory Commission and combining their duties in a single new entity, the Cable TV Commission. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Connors. Motion carried 7 -0. Motion by Jones for final consideration and passage of Ordinance No. 5 -12 Repealing City of Dubuque Code of Ordinances Title 11 Rights of Way, Chapter 3 Cable Television, Article B Community Regulatory Commission and Article C Cable Regulatory Commission and Adopting Title 2 Boards and Commis- sions, Article 11 Cable Television Commission Establishing the Cable Television Commission. Seconded by Braig. Motion carried 7 -0. OFFICIAL PUBLICATION ORDINANCE NO. 5 -12 REPEALING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 11 RIGHTS OF WAY, CHAPTER 3 CABLE TELEVISION, ARTICLE B COMMUNITY TELE- PROGRAMMING COMMISSION AND ARTICLE C CABLE REGULATORY COMMISSION AND ADOPT- ING TITLE 2 BOARDS AND COMMISSIONS, ARTICLE 11 CABLE TELEVISION COMMIS- 42 Regular Session February 6, 2012 Book 142 SION ESTABLISHING THE CABLE TELEVI- SION COMMISSION Whereas, City of Dubuque Code of Ordi- nances Title 11, Article 3B provides for the Community Tele- Programming Commission; and Whereas, Title 11, Article 3C provides for the Cable Regulatory Commission; and Whereas, the city council finds that it is in the best interest of the City of Dubuque to merge the two previously established commis- sions to form one commission to be known as the Cable Television Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordi- nances Articles 11 -3B and 11 -3C of are re- pealed. Section 2. The following new Title 2, Article 11 is hereby adopted: ARTICLE 11 CABLE TELEVISION COMMISSION 2 -11 -1. Commission Created. There is hereby created a Cable Television Commis- sion. 2 -11 -2. Purpose. The purposes of the Commission are as follows: 1. To develop, in respect to community programming and cable regulation, policies that will govern: a. The use and protection of equipment and facilities; b. All training programs; c. The priorities and scheduling for use of channel time; d. The daily regulation and administration of the cable franchise; e. The resolution of subscriber complaints which could not be resolved satisfactorily by the cable manager; and, f. Other matters pertaining to community programming or cable services in Dubuque which may arise. 2. To develop policies and procedures re- garding the public community programming channels that will promote its nondiscriminato - ry, first come, first served and equitable use in conformity with all applicable regulations and requirements and limit such use to residents of Dubuque and their own productions. 3. To encourage interest in and develop- ment of decidedly local community program- ming. 4. To encourage cooperation and cordial relations between community programmers, cable subscribers, and the local cable manag- er and the local cable manager's staff. 5. To identify and support organization of sub communities to be responsible for the channels reserved for public, education, and government programming. 6. To advise the following: a. The city manager or the city manager's designee (collectively The city manager ") on matters relating to community programming and the regulation of the cable system; b. The city council on expenditure of any funds designated by a franchise for PEG equipment and facilities; and, c. The city council on any matter relating to the cable franchise or system. 7. To promulgate and administer through the city manager all policies, rules, and proce- dures relating to community programming. 8. To keep abreast of developments in ca- ble technologies, services, and programming and to become competent in cable regulation, finances, and standards of operation. 9. To act through the city manager as the local regulatory agent of the cable franchise and to monitor the operation of the cable sys- tem. 10. To consult with the local cable manag- er on the best updating of the cable system, services, and programming and to advise the city council on expending the updating funds. 11. To evaluate its own proceedings and actions and all community programming and cable related activities. 12. To provide any cable user in Dubuque the opportunity to voice a complaint regarding the user's cable service. 2 -11 -3. Internal Organization and Rules. The Commission may adopt rules and regula- tions to govern its organizational procedures as may be necessary and which are not in conflict with city or state code. 2 -11 -4. Procedures for Operation. All ad- ministrative, personnel, accounting, budgetary, and procurement policies of the city govern the Commission in all its operations. 2 -11 -5. Membership. 1. The Commission consists of seven (7) residents of the city, appointed by the city council. The mayor must publish notice of the names of persons selected for appointment no less than thirty (30) days prior to a vote by the city council. 2. Residents must be eighteen (18) years of age or older. 3. Special Qualifications. a. In its appointments, the city council will endeavor to achieve a broad representation of the sub communities and public interests which can take advantage of dedicated chan- nels to benefit the residents of Dubuque and to develop a Commission versed and competent in telecommunication administration, finances, and regulation. The city council will attempt to give preference to applicants who are actively interested in promoting community cable pro- gramming who possess, or are willing to ac- Book 142 Regular Session February 6, 2012 43 quire, video production background, and who will relate to the spectrum of informational and cultural needs of cable viewers of Dubuque and applicants who possess professional or experiential backgrounds in law, finances, ad- ministration, public relations, or telecommuni- cation technologies. b. Members of the Commission who repre- sent sub communities utilizing dedicated channels are not be deemed to have a conflict of interest in the use of the equipment and facilities provided for that purpose solely be- cause of their membership on the Commis- sion. 2 -11 -6. Oath. Each person, upon appoint- ment or reappointment to the Commission, must execute an oath of office at the first meeting of the Commission following the ap- pointment or reappointment or at the city clerk's office any time prior to or within ten (10) days following the first meeting of the Com- mission. 2 -11 -7. Term. The term of office for com- missioners is three (3) years. 2 -11 -8. Vacancies. Vacancies caused by death, resignation, or otherwise must be promptly filled by the city council for the unex- pired term of office. 2 -11 -9. Officers /Organization. The Com- mission must choose annually, at the first meeting of each calendar year, from its own members, a chairperson and vice chairperson, each to serve a term of one (1) year. The Commission must fill vacancies among its of- ficers for the remainder of the unexpired term. 2- 11 -10. Meetings. 1. Regular Meetings. The Commission must meet not less than once each quarter. 2. Special Meetings. Special meetings may be called by the chairperson or at the written request of a majority of the commissioners. 3. Open Meetings. All meetings must be called and held in conformance with the Iowa Open Meetings Law. 4. Attendance. a. In the event a commissioner has been absent for three (3) or more consecutive meet- ings of the Commission, without being ex- cused by the chairperson, such absence will be grounds for the Commission to recommend to the city council that the position be declared vacant and a replacement appointed. b. Attendance must be entered in the meeting minutes. 5. Minutes. A copy of the minutes of all regular and special meetings of the Commis- sion must be filed with the city council within ten (10) working days after the next Commis- sion meeting. 6. Quorum. Four (4) members of the Commission constitute a quorum for the trans- action of business. The affirmative vote of a majority of the commissioners present and voting is necessary for the adoption of any motion or resolution. 2- 11 -11. Compensation. Commissioners serve without compensation, provided that they may receive reimbursement for necessary travel and other expenses while on official Commission business within the limits estab- lished in the city administrative policies and budget. 2- 11 -12. Removal. The city council may remove any commissioner as provided in the Iowa Code. 2- 11 -13. Powers. The Commission has the following powers, duties, and responsibilities: 1. To assure that cable channels, equip- ment, and resources dedicated and reserved for community programming are used effec- tively, efficiently, and economically to afford sub communities and individuals of Dubuque the opportunity to express opinions and pro- vide information to cable users, and that such programming is characterized by appropriate- ness, quality, and continuity; and, 2. To assure full compliance with any fran- chises authorizing cable or video service in the City, that the franchises be interpreted and applied to the benefit of the City and its resi- dents, that quality and updated services be delivered throughout the City, and that the public interest be protected in all matters relat- ed to the cable services delivery systems. Section 3. This Ordinance shall take effect upon publication. Passed, approved, and adopted this 6th day of February 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin S. Firnstahl, City Clerk Published officiallK in the Telegraph Herald Newspaper the 9t day of March, 2012. /s /Kevin S. Firnstahl, City Clerk Special Event Permit Process: City Manag- er recommending changes to the Special Event Permit application process. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Resnick. Responding to questions from City Council, Assistant City Manager Cindy Steinhauser stat- ed that groups new to the permit process will learn through information sent to points of con- tact, the City's web site, phone inquiries, and word of mouth. Motion carried 7 -0. Iowa Department of Transportation - North Cascade Road Bridge Agreement: City Man- ager recommending authorization for the Mayor to execute the Iowa Department of Transportation (Iowa DOT) Federal Aid Fund- ing Agreement for the North Cascade Road Bridge Replacement Project in Dubuque County. Motion by Connors to receive and file 44 Regular Session February 6, 2012 Book 142 the documents and adopt Resolution No. 35- 12 Approving the Iowa Department of Trans- portation Federal Aid Funding Agreement (Agreement No. 6- 11- STPU -21) for the North Cascade Road Bridge Replacement Project, Iowa DOT Project No. STP -U -2100 (671) - -70- 31. Seconded by Braig. Motion carried 7 -0. RESOLUTION NO. 35 -12 APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION FEDERAL AID FUND- ING AGREEMENT (AGREEMENT NO. 6-11 - STPU-21) FOR THE NORTH CASCADE ROAD BRIDGE REPLACEMENT PROJECT, IOWA DOT PROJECT NO. STP -U -2100 (671) -70 -31 Whereas, the Iowa Department of Trans- portation (Iowa DOT) has authorized the use of Dubuque Metropolitan Area Transportation Study (DMATS) Surface Transportation Pro- gram (STP) funds, East Central Intergovern- mental Association Transportation Improve- ment Program (TIP) funds and Statewide Transportation Improvement Program (STIP) funds for the North Cascade Road Bridge Re- placement Project in Dubuque County, Iowa DOT Project No. STP -U -2100 (671)- 70 -31. Whereas, the DMATS STP funds will be utilized for eligible bridge and roadway im- provements deemed not eligible for the Feder- al Emergency Repair (ER) funding. Said DMATS STP funds shall be used for such pro- ject activities as construction, engineering, inspection, and right -of -way property acquisi- tion. Whereas, the DMATS STP federal aid ap- propriated funds will be eligible as per the terms of said funding agreement to complete said bridge and roadway improvements for the North Cascade Road Bridge Replacement Project in Dubuque County, Iowa DOT Project No. STP -U -2100 (671)- 70 -31. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said Iowa DOT Federal Aid Funding Agreement (Agreement No. 6-11 - STPU-21) between the City of Dubuque and the Iowa Department of Transportation be hereby approved for the North Cascade Road Bridge Replacement Project in Dubuque. Section 2. That the Mayor be authorized and directed to execute two copies of Iowa DOT Federal Aid Funding Agreement (Agreement No. 6- 11- STPU -21) for the North Cascade Road Bridge Replacement Project in Dubuque. Passed, approved and adopted this 6th day of February, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Southwest Arterial - US 20 / US 151 -61 In- terchange Enhancements: City Manager rec- ommending to proceeding with bridge en- hancement Option No. 1 for the US 20 Inter- change and the US 151 -61 Interchange and support of the proposed bridge enhancement design elements to be incorporated into the final design phase of the Southwest Arterial project. Restated motion by Braig to receive and file the documents and select Option #1. Seconded by Connors. Assistant City Engineer Bob Schiesl provided a slide presentation illus- trating the design concepts. Motion carried 7- 0. 2012 National Citizens Survey: City Man- ager recommending approval to enroll the City of Dubuque in the 2012 National Citizen Sur- vey. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Resnick. Motion carried 7 -0. COUNCIL MEMBER REPORTS Mayor Buol reported on his trip to Taiwan for the Smart City Mayors Summit in Decem- ber, the U.S. Conference of Mayors meeting in January, and the Chamber of Commerce del- egation to Washington, DC. Connors also reported on the success of the Chamber of Commerce delegation. PUBLIC INPUT Chip Piekenbrock, 1155 Pamela Court, re- quested that the City Council consider com- pleting the street work on the north portion of Ramona Street from Adeline Street to Bryant Street as it has been delayed for several years. City Manager Van Milligen added that this project is included in the Fiscal Year 2013 Recommended budget and that Mr. Peik- enbrock is welcome to attend the February 29 and March 7 budget hearings, which will relate to this item. There being no further business, upon mo- tion the City Council adjourned at 8:19 p.m. /s/Kevin S. Firnstahl City Clerk Book 142 Special Sessions, February 9 & 16, 2012 45 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS SPECIAL SESSION Council met in special session at 6:30 p.m. on February 9, 2012 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Sut- ton; City Manager Michael Van Milligen Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of discussing various City depart- mental Fiscal Year 2013 budgets. Departmental Budget Review Fiscal Year 2013 Departmental Budgets were presented by staff from the following City departments: • Health — Mary Rose Corrigan, Public Health Specialist • City Attorney's Office — Barry Lindahl, City Attorney • City Manager's Office — Michael Van Milligen, City Manager; Cori Burbach, Sustainability Coordinator; Jenny Lar- son, Budget Director • City Council — Michael Van Milligen, City Manager • City Clerk's Office — Kevin Firnstahl, City Clerk • Cable TV Division — Craig Nowack, Cable TV Coordinator City Council had discussion with staff fol- lowing each presentation. Following the City Manager's Office budget presentation, Arts and Cultural Affairs Advisory Commission Chairperson Marina O'Rourke Rosenow spoke in favor of continued funding for arts groups and activities; and Kelly Hingtgen, 3416 Foot- hill Road, questioned where the City is reduc- ing expenses and what is a necessity within the budget. There being no further business, upon mo- tion the City Council adjourned at 8:42 p.m. /s/Kevin S. Firnstahl City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS SPECIAL SESSION Council met in special session at 6:30 p.m. on February 16, 2012 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol, Council Members Braig, Connors, Jones (joined at 7:09 p.m.), Lynch, Resnick, Sutton; City Manager Michael Van Milligen Mayor Buol read the call and stated that this is a special session of the City Council called for the purpose of discussing various City departmental Fiscal Year 2013 budgets. Departmental Budget Review Fiscal Year 2013 Departmental Budgets were presented by staff from the following City departments: • Emergency Communications - Mark Murphy, Emergency Communications Manager • Emergency Management — Tom Ber- ger, Emergency Management Manager • Fire Department — Dan Brown, Fire Chief • Police Department — Mark Dalsing, Po- lice Chief • Building Services — Rich Russell, Build- ing Services Manager City Council had discussion with staff fol- lowing each presentation. Following the Build- ing Services presentation, Katrina Wildberding of Proudly Accessible Dubuque thanked the Council for its efforts and leadership in comply- ing with the Americans with Disabilities Act (ADA) and for helping make Dubuque a model accessible community. There being no further business, upon mo- tion the City Council adjourned at 8:43 p.m. /s/Kevin S. Firnstahl City Clerk 46 Special Session, February 20, 2012 Book 142 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:00 p.m. on February 20, 2012 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sutton; City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a special session of the City Council to conduct the quarterly work session on Sustainable Dubuque. WORK SESSION Sustainable Dubuque Quarterly Update Sustainable Dubuque Coordinator Cori Burbach provided an overview of the work session and stated that Sustainable Dubuque activities apply cross all pillars of sustainability, this session will focus more closely to the Environmental Integrity principle. Highlighted topics included: • Identification of Core Network and Advisory Network members and the Sustainable Dubuque Community • Sustainable Dubuque Indicators, committee members and project partners • Overview: vision, project goals, methodology, sample indicator, looking forward • Vision: awareness of Dubuque's Sustainability Principles, Assess Dubuque's sustainability, strategically improve sustainability, Dubuque as a sustainability leader • Project Goals: 1) develop a comprehensive understanding of sustainability, 2) select indicators, 3) measure and establish baselines, 3) compare Dubuque to other cities, 4) write indicator reports • Methodology: 1) Preliminary investigation, 2) Indicator database, 3) Established indicators for consideration, 4) Indicator refinement phase, 5) Public engagement, 6) Reviewed and finalized indicators, 7) Collect data • Public Engagement: Focus groups with Dubuque Performance Metris Committee, City Council work session, focus Group with Sustainable Dubuque Collaboration Committee and city staff, community open house • Data Contacts • Sustainable Dubuque Indicators: 59 indicators for the principles of Economy, Social Equity, Environment • Comparison Cities and Criteria • Indicator Example: Principle: Green Buildings; Theme: Housing Affordability; Indicator: percent of households living in affordable housing • Affordable Housing in Dubuque: owner - occupied and renter - occupied, comparison of housing affordability • Looking ahead: focus group session and community open house March 20, 2012, short-term and long -term reports April /May 2012, City Council update in May 2012 • City Savings: energy efficiency projects and successful state /federal grant funding • Green Iowa Americorps: Marketing Coordinator Brandon Gibbons presented the mission statement and information relative to residential weatherization, efficiency improvements, education, community outreach, and volunteer - generating projects • Media Outlets • Jule Fleet Replacements Statistics • Impact to Local Businesses and Residents • Clean Air Attainment Strategy: Rick Dickinson, Executive Director of Greater Dubuque Development Corporation, provided information on the cause and effect of air particulates, clean air attainment and the impact on the local economy • Smarter Sustainable Dubuque: David Lyons presented updated information on the Smarter Water, Electrical, Travel, and Health programs. • Review of the Sustainable Dubuque Task Force, Dubuque 2.0 and Community Engagement Phase II There being no further business, upon motion the City Council adjourned at 6:27 p.m. /s/Kevin S. Firnstahl City Clerk Book 142 Regular Session February 20, 2012 47 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on February 20, 2012 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sutton; 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 matters which may properly come before the City Council. PLEDGE OF ALLEGIANCE MOMENT OF SILENCE PROCLAMATION(S) Problem Gambling Awareness Week was accepted by Allison Schwab of the Substance Abuse Services Center; Strong Healthy Students Week was accepted by U.S. Army SFC Thomas Dow. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Resnick. Motion carried 7 -0. Minutes and Reports Submitted: Airport Commission of 11/14/11, City Council Proceedings of 2/6/12 and 2/9/12, Civil Service Commission of 12/12/11 and 2/2/12, Safe Community Advisory Committee of 12/14/11, Zoning Advisory Commission of 2/1/12, Zoning Board of Adjustment of 1/26/12, Proof of Publication for City Council Proceedings of 1/30/12. Upon motion the documents were received and filed. Claims and Suits: Milton Foulks for vehicle damage, Gerald Hingtgen for personal injury, Christina Houselog for vehicle damage, Gary and Shirley Jameson for property damage, Judge Real Estate for property damage, Duane Koppes for vehicle damage, Mark and Lisa Krieg for property damage, Stephen and Renee Schreiner for property damage, Jeremy and Sabrina Vandal for property damage. Upon motion the documents were received, filed and referred to the City Attorney. Disposition of Claims and Suits: City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Milton Foulks for vehicle damage, Christina Houselog for vehicle damage, Lisa Krieg for property damage, Sabrina Vandal for property damage. Upon motion the documents were received, filed and concurred. Plat of Survey - Catfish Creek Place (1500 Miller Road): Zoning Advisory Commission recommending approval of the Plat of Survey for Catfish Creek Place (1500 Miller Road) subject to waiving the lot frontage requirement for Lot 1. Upon motion the documents were received and filed and Resolution No. 37 -12 Approving the Plat of Survey for Catfish Creek in the City of Dubuque was adopted. RESOLUTION NO. 37 -12 APPROVING THE PLAT OF SURVEY CATFISH CREEK PLACE IN CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Plat of Survey Catfish Creek Place in the city of Dubuque, Iowa ; and Whereas, said Plat of Survey provides 0 feet of frontage for Lot 1 on a public or approved private street, where 50 feet of street frontage is required by Section 11 -14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code; and Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Plat of Survey has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 11 -14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is waived to allow 0 feet of frontage on a public street or an approved private street for Lot 1. Section 2.That the Plat of Survey Catfish Creek Place is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Plat of Survey. Passed, approved and adopted this 20th day of February, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 48 Regular Session, February 20, 2012 Book 142 Urban Revitalization Program Applications - Calendar Year 2011: City Manager recom- mending approval of 20 applications for resi- dential property tax exemption. Upon motion the documents were received and filed and Resolution No. 38 -12 Approving property tax abatement applications submitted by property owners in recognized Urban Revitalization Areas and authorizing the transmittal of the approved applications to the City Tax Asses- sor was adopted. RESOLUTION NO. 38 -12 APPROVING PROPERTY TAX ABATEMENT APPLICATIONS SUBMITTED BY PROPERTY OWNERS IN RECOGNIZED URBAN REVITALIZATION AREAS AND AUTHORIZING THE TRANSMITTAL OF THE APPROVED APPLICATIONS TO THE CITY TAX ASSESSOR Whereas, Chapter 404 of the Code of Iowa, the Urban Revitalization Act, permits cities to abate property taxes for improvements made to properties in designated revitalization areas; and Whereas, the Urban Revitalization Act requires property owners to submit a written application for abatement by February 1 of the assessment year for which the abatement is first claimed, and further requires the City Council to approve all applications that meet the requirements of the adopted Urban Revitalization Plan and forward the approved applications to the City Assessor for review by March 1 of each year; and Whereas, pursuant to the requirements of said Urban Revitalization Act, the following Urban Revitalization Areas were established: Washington Neighborhood, West 3rd Street, West 11th Street, Old Main, and Cathedral; and Whereas, the City of Dubuque, as of February 1, 2012, received tax abatement applications from the following property owners in the aforementioned urban revitalization districts; Washington Neighborhood Urban Revitalization Area 1856 Washington Street - Richard A. Heim 2105 Washington Street - Jeffrey J. Kieffer 2169 Hines Elm Street — Sara J. Hines 1229 Jackson — LeRoy and Carol Ruden West 3rd Urban Revitalization Area 1090 West 3rd — David Klaviter & Kara Bunte West 11th Street Urban Revitalization Area 1105 Highland Place — John Whalen 510 West 11th Street — Gina Kramer & Juan C. Nieto 1344 Locust — Jenelle Westerfield 1059 Spruce Street — Mark & Rhonda Wernimont 1301 Main — Alfred Schieltz 995 Grove Terrace — Joseph Robertson & Jeff Manternach 653 -655 Chestnut- Julie & David Lott 604 Loras — Ron Hanten 1132 Locust — Quibby Landlord LLC (Judy Davidson) 1134 Locust — Quibby Landlord LLC (Judy Davidson) 1080 Center Place — Jesse & Heather O'Neil 561 Jefferson — Leo Broughton Old Main Urban Revitalization Area 197 Main- Greenfield Development LLC Cathedral Urban Revitalization Area 125 Bluff — William F. Coty 305 Jones — Gary Neal Hansen & Dawna M. Duff Whereas, the Housing and Community Development Department and Building Services Department have reviewed the above - described applications and inspected the properties, and have determined that the applications and the improvements conform to all requirements of the City of Dubuque's Urban Revitalization Plans. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above - described tax abatement applications meet the requirements of the City of Dubuque's Urban Revitalization Plans. Section 2. That the above - described tax abatement applications are hereby approved by the City Council, subject to the review and approval of the City Assessor. Section 3. That the City Clerk is hereby authorized and directed to forward the above - described tax abatement applications to the City Assessor. Passed, approved and adopted this 20th day of February 2012. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk Bee Branch Creek Restoration Project - Acquisition of 1517 Maple Street: City Manager recommending approval to purchase residential property located at 1517 Maple Street owned by Anthony and Debra Zenner for $68,950. Upon motion the documents were received and filed and Resolution No. 39 -12 Approving the acquisition of real estate owned by Anthony C. (Tony) and Debra Zenner in the City of Dubuque was adopted. Book 142 Regular Session February 20, 2012 49 RESOLUTION NO. 39 -12 APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY ANTHONY C. (TONY) AND DEBRA ZENNER IN THE CITY OF DUBUQUE Whereas, the City of Dubuque intends to acquire certain properties located in the area of the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended in the 2001 'Drainage Basin Master Plan "; and Whereas, the City of Dubuque has identified a need for a trail parking, public restroom, and maintenance facility (Facility) for the Bee Branch Creek Restoration Project; and Whereas, the City of Dubuque has identified the need to acquire the property owned by Tony and Debra Zenner to establish the location for the Facility; and Whereas, a purchase agreement has been finalized with the owner of the property scheduled for acquisition. NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1.That the City of Dubuque hereby approves the acquisition of the following legally described property: North 1/2 of Lot 287 and the South 1/2 of Lot 287 in East Dubuque No. 2 in the City of Dubuque, Dubuque County, Iowa, at the cost of Sixty Eight Thousand Nine Hundred Fifty and 00/100 Dollars ($68,950.00). Section 2. That the City of Dubuque be and is hereby authorized to accept a Warranty Deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. That the City Clerk be and is hereby authorized and directed to cause said Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 20th day of February, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Catfish Creek Pumping Station Generator Project: City Manager recommending acceptance of the construction contract for the Catfish Creek Generator Project, as completed by A &G Electric, in the final contract amount of $92,100, and recommends authorization of the final payment in the amount of $4,605. Upon motion the documents were received and filed and Resolution No. 40 -12 Accepting the Catfish Creek Pumping Station Generator Project and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 40 -12 ACCEPTING THE CATFISH CREEK PUMPING STATION GENERATOR PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Catfish Creek Pumping Station Generator Project has been completed and the Engineer has examined the work stating the Project has been completed according to the terms of the Public Improvement Contract and that the Water & Resource Recovery Center Manager 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 Water & Resource Recovery Center Manger is approved and the Project is hereby accepted with a final contract amount of $92,100.00. Section 2. The Finance Director is hereby directed to pay to the Contractor for the contract amount of $4,605.00. Passed, approved and adopted this 20th day of February, 2012. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk Urban Youth Corps Grant: City Manager recommending approval of the Urban Youth Corps Grant application to the Iowa Department of Transportation. Upon motion the documents were received, filed and approved. Dubuque by Carriage - Lease Amendment: City Manager recommending approval of a Ninth Amendment to the Lease Agreement with Colleen B. Lindstrom d /b /a Dubuque by Carriage to extend the original lease of the former Dock Board building located at the terminus of Commercial Street for a two -year period. Upon motion the documents were received, filed, and approved. Homelessness Prevention and Rapid Re- Housing Grant: Correspondence from the U.S. Department of Housing and Urban Development reminding the City of the grant expenditure deadlines for the Homelessness Prevention and Rapid Re- Housing Program Grant. Upon motion the document was received, filed and referred to the City Manager. Kaufmann Avenue Utility Project — Acceptance: City Manager recommending 50 Regular Session, February 20, 2012 Book 142 acceptance of the construction contract for the Kaufmann Avenue Utility Project (John F. Kennedy Road to Chaney Road), as completed by McDermott Excavating, in the final contract amount of $225,338.91. Upon motion the documents were received and filed and Resolution No. 41 -12 Accepting the Kaufmann Avenue Utility Project (John F. Kennedy Road to Chaney Road) and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 41-12 ACCEPTING THE KAUFMANN AVENUE UTILITY PROJECT (JOHN F. KENNEDY ROAD TO CHANEY ROAD) AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Kaufmann Avenue Utility Project (John F. Kennedy Road to Chaney Road) (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 Water Main Replacement Program, Catch Basin Maintenance, General Storm Sewer Repairs, and Street Program Related Sanitary Sewer appropriations for the contract amount of $225,338.91 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 20th day of February, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE KAUFMANN AVENUE UTILITY PROJECT (JOHN F. KENNEDY ROAD TO CHANEY ROAD) The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Kaufmann Avenue Utility Project (John F. Kennedy Road to Chaney Road), that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $253,907.28. Dated this 14th day of February, 2012. /s /Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 15th day of February, 2012 /s /Kevin S. Firnstahl, City Clerk Helping Services for Northeast Iowa - Subcontract Approval: City Manager recommending approval of the Helping Services of Northeast Iowa subcontract agreement allowing reimbursement of funds associated with underage alcohol sales compliance and monitoring checks by the Police Department. Upon motion the documents were received, filed, and approved. Hillcrest Family Services - Storm Sewer Easement Acceptance: City Manager recommending acceptance of a storm sewer easement from Hillcrest Family Services for storm sewer modifications between Wilbricht Lane and Hillcrest Road. Upon motion the documents were received and filed and Resolution No. 42 -12 Accepting the grant of an easement for storm sewer under and across a part of Lot 1 and Lot 2 -2 of Peterson Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa, was adopted. RESOLUTION NO. 42 -12 ACCEPTING THE GRANT OF AN EASEMENT FOR STORM SEWER UNDER AND ACROSS A PART OF LOT 1 AND LOT 2 -2 OF PETERSON SUBDIVISION NO. 2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Hillcrest Family Services has executed a Grant of Easement for Storm Sewer through, under and across Lot 1 and Lot 2 -2 of Peterson Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grant of Easement for Storm Sewer through, under and across Lot 1 and Lot 2 -2 of Peterson Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa, from Hillcrest Family Services, a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 20th day of February, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Book 142 Regular Session February 20, 2012 51 Iowa Department of Transportation - US 52 Catfish Creek Bridge Agreement: City Manager recommending approval for the Mayor to execute the Iowa Department of Transportation Funding Agreement for Improvements to US Highway 52, between US 151/61 to Grandview Avenue. Upon motion the documents were received and filed and Resolution No. 43 -12 Approving the Iowa Department of Transportation Funding Agreement (Agreement No. 2012 -12 -023) for the improvements to US Highway 52 (From US 151/61 to Grandview Avenue) was adopted. RESOLUTION NO. 43 -12 APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT (AGREEMENT NO. 2012 -12- 023) FOR THE IMPROVEMENTS TO US HIGHWAY 52 (FROM US 151/61 TO GRANDVIEW AVENUE) Whereas, the City of Dubuque (City) in partnership with the Iowa Department of Transportation (Iowa DOT) are proposing to make improvements to US Highway 52, between US 151/61 to Grandview Avenue, Iowa DOT Project No. NHSX- 052 -2(83) -3H- 31; and Whereas, the project will provide for the widening and reconstruction of the present four -lane divided roadway with median barrier and curbs from just north of the intersection of US 52 with US 61/151 to just north of Grandview Avenue overpass. Whereas, the projects will also provide for pedestrian ramps, conflict lighting, traffic signs, storm and sanitary sewer improvements, fiber optic conduit, retaining walls, and for replacement of the bridge over Catfish Creek/Chicago Central and Pacific Railroad /Mar Jo Hills Road; and Whereas, the City will be responsible for paying the costs for fiber optic conduit, sanitary and storm sewer improvements per the terms and conditions of the Funding Agreement to complete said improvements to US Highway 52, between US 151/61 to Grandview Avenue, within Dubuque County, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said Funding Agreement (Agreement No. 2012 -12 -023) between the City of Dubuque and the Iowa Department of Transportation be approved for the improvements to US Highway 52, between US 151/61 to Grandview Avenue in Dubuque. Section 2. That the Mayor be authorized and directed to execute two copies of Funding Agreement (Agreement No. 2012 -12 -023) for the improvements to US Highway 52, between US 151/61 to Grandview Avenue in Dubuque. Passed, approved and adopted this 20th day of February, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Innovation Drive - Green Industrial Acquisition: City Manager recommending acquisition of Lot A of Lot 3 from Green Industrial for a purchase price of $1,356.54 to be combined with City property to the north for final platting of the extension of Innovation Drive. Upon motion the documents were received and filed and Resolution No. 44 -12 Approving the Acquisition Plat of Lot A of Lot 3 of Dubuque Industrial Center North First Addition in the City of Dubuque, Dubuque County, Iowa, was adopted. RESOLUTION NO. 44 -12 APPROVING THE ACQUISITION PLAT OF LOT A OF LOT 3 OF DUBUQUE INDUSTRIAL CENTER NORTH FIRST ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk an Acquisition Plat of Lot A of Lot 3 of Dubuque Industrial Center North First Addition in the City of Dubuque, Dubuque County, Iowa; and Whereas, upon said Acquisition Plat, the owner, by said Acquisition Plat, has dedicated to the public a right -of -way for street and utilities forever; and Whereas, said Acquisition Plat has been examined by the City Planner and had its approval endorsed thereon; and Whereas, said Acquisition Plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Lot A of Lot 3 of Dubuque Industrial Center North First Addition in the City of Dubuque, Dubuque County, Iowa, appears upon the Plat thereof, be and the same are hereby accepted; and Section 2. That the Acquisition Plat is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said Acquisition Plat. Passed, approved and adopted this 20th day of February, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Iowa Department of Transportation - Primary Roads in Municipalities: City Manager recommending approval of the Five -Year Agreement for Maintenance and Repair of 52 Regular Session, February 20, 2012 Book 142 Primary Roads in Municipalities between the Iowa Department of Transportation and the City of Dubuque. Upon motion the documents were received, filed, and approved. Landfill Equipment Operator Position: City Manager recommending approval to eliminate one Equipment Operator II position in the Public Works department and create one additional Landfill Equipment Operator position. Upon motion the documents were received, filed, and approved. Engine House #1 - Purchase of Service Agreements: City Manager recommending approval of Purchase of Service Agreements with Crescent Community Health Center and Operation: New View to provide services to the community in the soon- to -be- renovated Engine House #1 building (18th Street) which formerly housed the City's Housing Department offices. Upon motion the documents were received and filed and Resolution No. 45 -12 Approving a purchase of services agreement with the Crescent Community Health Center and Operation: New View to provide services in the Engine House #1 Building was adopted. RESOLUTION NO. 45 -12 APPROVING OF PURCHASE OF SERVICE AGREEMENTS WITH THE CRESCENT COMMUNITY HEALTH CENTER AND OPERATION: NEW VIEW TO PROVIDE SERVICES IN THE ENGINE HOUSE #1 BUILDING. Whereas, The Engine House #1 building located at 1805 Central Avenue is being historically renovated; and Whereas, two non - profit service providers, the Crescent Community Health Center and Operation: New View will be tenants within the building; and Whereas, the City Council believes it is in the best interest of the City of Dubuque assist these organizations to provide services in the Engine House #1 building. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Purchase of Service Agreements with the Crescent Community Health Center and Operation: New View are hereby approved. Section 2.The Mayor is authorized to execute the Purchase of Service Agreements. Passed, approved and adopted this 20th day of February, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Riverfront Multimodal Freight Study - AECOM Agreement: City Manager recommending approval of an agreement between the City of Dubuque and AECOM Technical Services, Inc., for a Riverfront Multimodal Freight Study at an estimated cost of $25,000. Upon motion the documents were received, filed, and approved. Smart Planning Consortium Update: City Manager transmitting the Annual Progress Report for the Dubuque County Regional Smart Plan. Upon motion the documents were received and filed. State Revolving Fund (SRF)- Sponsored Project Proposal Summary: City Manager recommending City Council support to submit a proposal summary to the Iowa Department of Natural Resources for State Revolving Loan Fund Secondary Funding for the Bee Branch Watershed Green Infrastructure Project. Upon motion the documents were received and filed and Resolution No. 36 -12 Approving an Application for State Revolving Loan Fund Secondary Funding for the Bee Branch Watershed Green Infrastructure Project was adopted. RESOLUTION NO. 36 -12 APPROVING AN APPLICATION FOR STATE REVOLVING LOAN FUND SECONDARY FUNDING FOR THE BEE BRANCH WATERSHED GREEN INFRASTRUCTURE PROJECT Whereas, Iowa Code section 384.82 authorizes a city to carry out projects, borrow money, and issue revenue bonds and pledge orders to pay all or part of the cost of projects, which may include a qualified water resource restoration project, such revenue bonds and pledge orders to be payable solely and only out of the net revenues of the city utility, combined utility system, city enterprise, or combined city enterprise involved in the project; and Whereas, Iowa Code section 384.80(15) provides that a water resource restoration project means the acquisition of real property or improvements or other activity or undertaking that will assist in improving the quality of the water in the watershed where a city water or wastewater utility is located; and Whereas, Iowa Code section 384.84 provides that the governing body of a city water or wastewater utility may enter into an agreement with a qualified entity to use proceeds from revenue bonds for a water resource restoration project if the rate imposed is no greater than if there was not a water resource restoration project agreement; and Whereas, City intends to enter into an agreement pursuant to Iowa Code chapter 28E with the Dubuque Soil and Water Conservation Book 142 Regular Session February 20, 2012 53 District (District) to undertake water resource restoration project that have been approved for water quality improvements in the watershed where City's water or wastewater utility is located; and Whereas, City has prepared the Bee Branch Watershed Green Infrastructure Project described in Exhibit A attached hereto (the Project); and Whereas, City intends to submit an application to the Iowa Department of Natural Resources for State Revolving Loan Fund Secondary Funding for the Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Project is hereby approved. Section 2. The City Manager is authorized and directed to submit an application to the Iowa Department of Natural Resources for State Revolving Loan Fund Secondary Funding for the Project. Passed, approved and adopted this 20th day of February, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Civil Service Commission: Civil Service Commission submitting the Certified Lists for the positions of Foreman, Infiltration and Inflow (I &I) Inspector, Landfill Equipment Operator, and Transit Dispatcher /Scheduler. Upon motion the documents were received, filed and made a Matter of Record. February 2, 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 forman was administered on November 9, 2011. We hereby certify that the individuals listed below have passed this written examina- tion 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. Form an Steven Gerardy William Gansen Jerome Ben Arthur Hedley Paul Dement Jason DeMaio Luke Steger Brian Lochner Robert Barry Jeff Steuer Respectfully submitted Daniel White, Chairperson Betty Takes Civil Service Commission February 2, 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 Infiltration and Inflow (I &I) Inspector was administered on January 11, 2012. We hereby certify that the individuals listed below have passed this written examination and the va- cancy for this position should be made from this list and that this list is good for two (2) years from above date. Infiltration and Inflow (I &I) Inspector Rebecca Lamm Jon Herrig Patrick Donovan Steve Haggerty David Jackson Dale Mueller Nicholas Connolly Tim Ohrtmann Jay Valentine Cole Udelhoven Edward Hansen Brian Kelly John Greenwood Shaun Gilligan George Nauman Tim Neuhaus Drew Noel Benjamin Gondek Lauren Wallace Respectfully submitted Daniel White, Chairperson Betty Takes Civil Service Commission March 15, 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 Bus Operator was administered on February 28, 2012. We hereby certify that the individuals listed below have passed this written examina- tion 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. Landfill Equipment Operator (Amended and Recertified) Sidney Turner Shannon Clark John Kruse Brian Digman Daniel Mayne Jesse Kremer Jay Valentine Patrick Donovan William Gansen Allen Polfer James Sparrgrove Timothy Neuhaus Paul Schreier Charles Thomas Michael Gruber Daniel Waller Brad Petitgout Greg Griffin Respectfully submitted, Daniel White, Chairperson Betty Takes Civil Service Commission February 2, 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 Transit Dispatcher /Scheduler was adminis- tered on January 18, 2012. We hereby certify that the individuals listed below have passed 54 Regular Session, February 20, 2012 Book 142 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. Transit Dispatcher /Scheduler Angelic Ma Kari Coble John Evarts Shaun Gilligan Carole Nelson Michael Billmeyer Thomas Splinter Brian Becker Michael Runde Albert Stuart Jr. Mark Wagner Leslie Sweeney James Finn Judi Schmitz Perry Martin Anthony Petty Dawn Ellerbach John Guerdet Carla Schmitz Steven Ough Jayne Ervolino Aaron Cigrand Brent Phillips Sarah Leifker Brad Petitgout and Diane Welp Respectfully submitted, Daniel White, Chairperson Betty Takes Civil Service Commission Trees Forever Power of Trees - Grant Agreement: City Manager recommending approval of the Power of Trees Grant Agreement. Upon motion the documents were received, filed, and approved. Improvement Contracts / Performance, Payment and Maintenance Bonds: Green Alley Permeable Pavers Project (17th -18th Between Jackson and Washington Streets). Upon motion the documents were received and filed. Alcohol Compliance - Civil Penalty for Alcohol License Holders: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for HuHot Mongolian Grill. Upon motion the documents were received, filed, and approved. Alcohol License Applications: City Manager recommending approval of annual liquor, beer, and wine licenses as submitted. Upon motion the documents were received and filed and Resolution No. 46 -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 was adopted. RESOLUTION NO. 46 -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 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 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 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: Bluff Street Brew Haus, 372 Bluff St., Class B Native Wine (Sunday) Chopper's, 601 Rhomberg Ave., Class C Liquor (Sunday) Dollar General Store #10074, 2400 Gateway Dr., Class C Beer, Class B Wine (Sunday) Dollar General Store #6896, 605 West Locust St, Class C Beer, Class B Wine (Sunday) Dollar General Store #7289, 3250 Kennedy Cir. Ste 9, Class C Beer, Class B Wine (Sunday) Dubuque Mining Co., 555 JFK Rd., Class C Liquor, Outdoor Service (Sunday) Dubuque Religious Center, 923 Main St., Class B Wine (Sunday) Eagles Club, 1175 Century Dr., Class C Liquor, Outdoor Service (Sunday) Fareway Stores, Inc. #114, 2050 JFK Rd., Class E Liquor, Class B Wine Class C Beer Gin Rickeys, 1447 Central Av, Class C Liquor (Sunday) Ground Round Restaurant, 50 JFK Rd., Class C Liquor (Sunday) Hammerheads Bar & Billiards, 2095 Kerper Blvd, Class C Liquor (Sunday) Marella, 700 Locust, Class B Native Wine Mindframe Theaters, 555 JFK #105, Special Class C Liquor (Sunday) National Mississippi River Museum & Aquarium, 350 E 3rd St., Class B Native Wine (Sunday) Northside Bar, Inc., 2776 Jackson St., Class C Liquor, Outdoor Service (Sunday) Oky Doky #8 Foods, 535 Hill St. Suite A, Class C Beer, Class B Wine (Sunday) Pusateris, 2400 Central Ave., Special Class C Liquor (Sunday) Salsa's Mexican Restaurant, 1091 Main St., Class C Liquor (Sunday) The Clubhouse, 2364 Washington, Class C Liquor (Sunday) The District, 1700 Central Ave., Class C Liquor Book 142 Regular Session February 20, 2012 55 Tony's Place, 1701 Central Ave., Class C Liquor Yardarm Restaurant & Bar, 1201 Shiras Ave., Ext., Class C Liquor License, Outdoor Service (Sunday) Section 1. The City Clerk is hereby authorized and directed to cause to be issued the following named applicants and permit types. Passed, approved and adopted this 20th day of February, 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, and dispose of as indicated. Seconded by Connors. Motion carried 7 -0. Fiscal Year 2013 Budget: City Manager recommending that a public hearing be set for March 7, 2012, on the Fiscal Year 2013 City Budget, Operating and Capital Improvement Program, for the City of Dubuque. Upon motion the documents were received and filed and Resolution No. 47 -12 Setting the date for the public hearing on the Fiscal Year 2013 Budget for the City of Dubuque; and Resolution No. 48 -12 Setting the date for the public hearing on the Five -Year Capital Improvement Program for Fiscal Years 2013 through 2017 for the City of Dubuque was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 7, 2012 in the Historic Federal Building. RESOLUTION NO. 47 -12 SETTING THE DATE FOR THE PUBLIC HEARING ON THE FISCAL YEAR 2013 BUDGET FOR THE CITY OF DUBUQUE Whereas, Iowa Code Section 384.16 provides that the City Council shall set a time and place for a public hearing on the Fiscal Year 2013 budget before the final budget certification date and shall publish notice before the hearing as provided in Iowa Code Section 362.3. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on the proposed Fiscal Year 2011 budget for the City of Dubuque in the City Council Chambers at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, on Wednesday, March 7, 2012, beginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing, according to law, together with the required budget information. Passed, approved and adopted this 20th day of February, 2012. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk RESOLUTION NO. 48 -12 SETTING THE DATE FOR THE PUBLIC HEARING ON THE FIVE -YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2013 THROUGH 2017 FOR THE CITY OF DUBUQUE Whereas, a proposed Five -Year Capital Improvement Program for the City of Dubuque for Fiscal Years 2013 through 2017 has been prepared and submitted to the City Council; and Whereas, the capital projects for the first year of the program are included in the Fiscal Year 2013 budget for the City of Dubuque; and Whereas, it is deemed to be in the best interest of the City of Dubuque to conduct a public hearing and adopt the five -year Capital Improvement Program simultaneously with the public hearing and adoption of the Fiscal Year 2013 budget for the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on the five -year Capital Improvement Program for Fiscal Years 2013 through 2017 in the City Council Chambers at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, on Wednesday, March 7, 2012, beginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing. Passed, approved and adopted this 20th day of February, 2012. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk Flint Hills Resources Pine Bend, LLC - Riverfront Lease: City Manager recommending that a public hearing be set for March 5, 2012 to consider a proposed riverfront lease with Flint Hills Resources Pine Bend, LLC. Upon motion the documents were received and filed and Resolution No. 49 -12 Resolution Intent to dispose of an interest in real property owned by the City of Dubuque by lease between the City of Dubuque, Iowa and Flint Hills Resources Pine Bend, LLC, a Delaware Limited Liability Company was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 5, 2012 in the Historic Federal Building. 56 Regular Session, February 20, 2012 Book 142 RESOLUTION NO. 49 -12 INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY OWNED BY THE CITY OF DUBUQUE BY LEASE BETWEEN THE CITY OF DUBUQUE, IOWA AND FLINT HILLS RESOURCES PINE BEND, LLC, A DELAWARE LIMITED LIABILITY COMPANY Whereas, the City of Dubuque, Iowa (City) is the owner of the real property legally described as follows: A part of unplatted slough and Government Lot 3, Section 19, Township 89 North, Range 3 East, 5th Principle Meridian in the City of Dubuque, Dubuque County, Iowa as shown on the attached Exhibit B; and Whereas, Flint Hills Resources Pine Bend, LLC desires to lease a part of the property as shown on Exhibit B, attached hereto, for industrial uses and other river related business activities upon the terms set forth in a Lease Agreement which is on file at the office of the City Clerk, City Hall, 13th and Central Avenue, Dubuque, Iowa; and Whereas, City and Flint Hills Resources Pine Bend, LLC have tentatively agreed to the Lease Agreement, which among other things, provides for a term through March 31, 2024; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to approve the Lease Agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the foregoing - described real property by Lease Agreement between City and Flint Hills Resources Pine Bend, LLC. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of the foregoing- described real property by lease, to be held on the 5th day of March, 2012, at 6:30 o'clock p.m. at the Historic Federal Building, Council Chambers, 350 W. 6th Street, Dubuque, Iowa. Passed, approved and adopted this 20th day of February, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Vacating Petition - Portion of Innovation Drive: City Manager recommending approval of the request to vacate Innovation Drive at its northerly terminus, that the vacated portion of Innovation Drive (Lot 2 -B) be combined with City property to the east for final platting, and that easements for utilities be reserved over the entire vacated area. It is further recommended that a public hearing be set for March 5, 2012 on the vacation of this area. Upon motion the documents were received and filed and Resolution No. 50 -12 Approving Plat of Lot 1 -B and 2 -B of Dubuque Industrial Center North First Addition in the City of Dubuque, Dubuque County, Iowa; and Resolution No. 51 -12 Resolution of intent to vacate a portion of Innovation Drive in the City of Dubuque, Dubuque County, Iowa, were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 5, 2012 in the Historic Federal Building. RESOLUTION NO. 50 -12 APPROVING PLAT OF LOT 1 -B AND 2 -B OF DUBUQUE INDUSTRIAL CENTER NORTH FIRST ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 30th day of January, 2012, prepared by IIW, P.C. dividing the right -of -way of Innovation Drive for vacating purposes to be known as Lots 1 -B and 2 -B of Dubuque Industrial Center North First Addition in the City of Dubuque, Dubuque County, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated the 30th day of January, 2012, prepared by IIW, P.C., relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, television cable, fiber optics, electric lines and other utilities as may be authorized by the City of Dubuque, as shown on said Plat of Lots 1 -B and 2 -B of Dubuque Industrial Center North First Addition in the City of Dubuque, Dubuque County, Iowa. Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 20th day of February, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Book 142 Regular Session February 20, 2012 57 RESOLUTION NO. 51 -12 INTENT TO VACATE A PORTION OF INNOVATION DRIVE IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, City of Dubuque Economic Development has requested the vacating of a portion of Innovation Drive; and Whereas, IIW, PC has prepared and submitted to the City Council a plat showing the vacated portion of Innovation Drive and assigned a lot number thereto, which hereinafter shall be known and described as Lot 2 -B of Dubuque Industrial Center North First Addition in the City of Dubuque, Dubuque County, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to vacate Lot 2 -B of Dubuque Industrial Center North First Addition in the City of Dubuque, Dubuque County, Iowa. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, fiber optics, gas, telephone, television cable, electric lines and other utilities as may be authorized by the City of Dubuque, Iowa, as shown on the Plat of Survey of Lot 2 -B of Dubuque Industrial Center North First Addition in the City of Dubuque, Dubuque County, Iowa. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to vacate to be published in the manner as prescribed by law. Passed, approved and adopted this 20th day of February, 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: Cable TV Commission (New Commission): 7 Three -Year staggered terms (To be determined at the March 5, 2012 meeting.) Applicants: George Herrig, 2395 W. 32nd Street; Sr. Carol Hoverman, 1555 White Street (Additional Applicant); Pauline Maloney, 506 St. George Street; Kevin Stevens, 2016 Golden Eagle Drive; Jennifer Tigges, 4927 Wild Flower Drive; and Alan Vincent, 1010 Dunham Drive. Mechanical Board: 2 three -year terms through March 16, 2015 (Expiring terms of Grothe and Valaskey). Applicants: David Grothe, 2544 Elm Street; and Corey Valaskey, 1385 Alta Vista Street. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. Request to Rezone - 3051 Brunskill Road: Proof of publication on notice of public hearing to consider a request to rezone property located at 3051 Brunskill Road from R -1 Single - Family Residential District to R -3 Moderate Density Multi - Family District as submitted by Dan McDermott/Darlene Leibold Trust and the Zoning Advisory Commission recommending approval. Motion by Lynch to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Planning Services Manager Laura Carstens provide a staff report. Kay Wagner, 2711 Brunskill Road, spoke in opposition to the request on behalf of herself and adjacent property owners. Motion carried 7 -0. Motion by Lynch for final consideration and passage of Ordinance No. 12 -12 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 3051 Brunskill Road from R -1 Single - Family Residential District to R -3 Moderate Density Multi - Family District. Seconded by Jones. Motion carried 7 -0. OFFICIAL PUBLICATION ORDINANCE NO. 12 -12 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLAS- SIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 3051 BRUNSKILL ROAD FROM R -1 SINGLE - FAMILY RESI- DENTIAL DISTRICT TO R -3 MODERATE DENSITY MULTI - FAMILY DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter described property from R -1 Single - Family Residential District to R -3 Moderate Density Multi - Family District, to wit: Lot 1 -1 -3 Mineral Lot 288, Lot 2 -1 -3 Mineral Lot 228, Lot 2 -2 -1 Mineral Lot 288 and Lot 2 -3 Mineral Lot 288, and to the centerline of the adjoining public right -of -way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has 58 Regular Session, February 20, 2012 Book 142 heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect upon publications, as provided by law. Passed, approved and adopted the 20th day of February, 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin Firnstahl, City Clerk Published officially in the Telegraph Herald Newspaper on the 24th day of February, 2012. /s /Kevin S. Firnstahl, City Clerk Request to Rezone - Lot 3 Holliday Addition: Proof of publication on notice of public hearing to consider a request to rezone Lot 3 Holliday Addition (south of Aldi's on Holliday Drive) from PC Planned Commercial District to C -3 General Commercial District as submitted by Gomer Holliday Development, LLC, and the Zoning Advisory Commission recommending approval. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Lynch. Developer Steve Smith, 2150 Tuscany Ridge Drive, spoke in support of the request. Planning Services Manager Laura Carstens provided a staff report. Motion carried 7 -0. Motion by Connors for final consideration and passage of Ordinance No. 13 -12 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located near the northeast corner of Holliday and Payton Drives from PC Planned Commercial District to C -3 General Commercial District. Seconded by Jones. Motion carried 7 -0. OFFICIAL PUBLICATION ORDINANCE NO. 13 -12 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLAS- SIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED NEAR THE NORTH- EAST CORNER OF HOLLIDAY AND PAY - TON DRIVES FROM PC PLANNED COM- MERCIAL DISTRICT TO C -3 GENERAL COMMERCIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter described property from PC Planned Commercial District to C -3 General Commercial District, to wit: Lot 3 Hol- liday Addition, and to the centerline of the ad- joining public right -of -way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Io- wa. Section 3. This Ordinance shall take effect upon publications, as provided by law. Passed, approved and adopted the 20th day of February, 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin Firnstahl, City Clerk Published officially in the Telegraph Herald Newspaper on the 24th day of February, 2012. /s /Kevin S. Firnstahl, City Clerk Theisen Supply, Inc. - Dubuque Industrial Center West Expansion: Proof of publication on notice of public hearing to consider approval of a Development Agreement, which includes the sale of approximately 5.7 acres to Leo Theisen for the purpose of constructing an 80,000 sq. ft. warehouse expansion for Theisen's Supply, Inc., and the City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 52 -12 Approving a development agreement providing for the sale of 5.7 acres in the Dubuque Industrial Center West to Leo A. Theisen and Theisen Supply, Inc. Seconded by Connors. Motion carried 7 -0. RESOLUTION NO. 52 -12 APPROVING A DEVELOPMENT AGRE- EMENT PROVIDING FOR THE SALE OF 5.7 ACRES IN THE DUBUQUE INDUSTRIAL CENTER WEST TO LEO A. THEISEN AND THEISEN SUPPLY, INC. Whereas, the City Council, by Resolution No. 29 -12, dated February 6, 2012 declared its intent to enter into a Development Agreement with Leo A. Theisen and Theisen Supply, Inc. for the sale of 5.7 acres in the Dubuque Industrial Center West (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on February 20, 2012 at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that approval of the Development Agreement for the sale to and development of the Property by Leo A. Theisen according to the terms and conditions set out in the Development Agreement 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: Book 142 Regular Session February 20, 2012 59 Section 1. That the attached Development Agreement by and between the City of Dubuque, Leo A. Theisen and Theisen Supply, Inc. for the sale of the Property is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Development Agreement on behalf of the City and City Clerk is authorized and directed to attest to his signature. Section 3. That the Mayor and City Clerk are hereby authorized and directed to execute and deliver a Special Warranty Deed for the Property as provided in the Development Agreement. Section 4. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved. Passed, approved and adopted this 20th day of February, 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 Proceedings to Complete Action on Issuance of $4,380,000 General Obligation Urban Renewal Bonds, Series 2012A and $7,495,000 General Obligation Bonds, Series 2012B: City Manager recommending approval of the suggested proceedings to complete the action required on the recent Series 2012A and 2012B bond issuance. Motion by Braig to receive and file the documents and adopt Resolution No. 53 -12 Authorizing and Providing for the issuance of $4,380,000 General Obligation Urban Renewal Bonds, Series 2012A, and levying a tax to pay said bonds; Resolution No. 54 -12 Appointing Wells Fargo Bank, National Association of Minneapolis, Minnesota, to serve as paying agent, bond registrar, and transfer agent, approving the paying agent and bond registrar and transfer agent agreement and authorizing the execution of the agreement; Resolution No. 55 -12 Authorizing and providing for the issuance of $7,495,000 General Obligation Bonds, Series 2012B, and levying a tax to pay said bonds; and Resolution No. 56 -12 Appointing Wells Fargo Bank, National Association of Minneapolis, Minnesota, to serve as paying agent, bond registrar, and transfer agent, approving the paying agent and bond registrar and transfer agent agreement and authorizing the execution of the agreement. Seconded by Connors. Motion carried 7 -0. RESOLUTION NO. 53 -12 AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $4,380,000 GENERAL OBLI- GATION URBAN RENEWAL BONDS, SE- RIES 2012A, AND LEVYING A TAX TO PAY SAID BONDS Whereas, the Issuer is duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and Whereas, the Issuer is in need of funds to pay costs of aiding in the planning, undertak- ing and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Amended and Re- stated Urban Renewal Plan for the Greater Downtown Urban Renewal District, including those costs associated with the construction of an intermodal transportation center, an essen- tial corporate purpose, and it is deemed nec- essary and advisable that General Obligation Urban Renewal Bonds be issued for said pur- pose; and Whereas, pursuant to notice published as required by Section 384.25 of said Code, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of said Bonds to the amount of not to exceed $5,000,000, and the Council is therefore now authorized to proceed with the issuance of $4,380,000 General Obligation Urban Renewal Bonds, Series 2012A; and Whereas, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above mentioned Bonds were heretofore sold at pub- lic sale and action should now be taken to is- sue said Bonds conforming to the terms and conditions of the best bid received at the ad- vertised public sale. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: t7" Authorized Denominations" shall mean $5,000 or any integral multiple thereof. t7" Beneficial Owner" shall mean the person in whose name such Bond is recorded as the beneficial owner of a Bond by a Participant on the records of such Participant or such person's subrogee. ❑ "Bond Fund" shall mean the fund created in Section 3 of this Resolution. ❑ "Bonds" shall mean $4,380,000 General Obligation Urban Renewal Bonds, Series 2012A, authorized to be issued by this Resolution. ❑ "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. ❑ "Continuing Disclosure Certificate" shall 60 Regular Session, February 20, 2012 Book 142 mean that certain Continuing Disclosure Certificate executed by the Issuer and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. ❑ "Depository Bonds" shall mean the Bonds as issued in the form of one global certificate for each maturity, registered in the Registration Books maintained by the Registrar in the name of DTC or its nominee. ❑ "DTC" shall mean The Depository Trust Company, New York, New York, a limited purpose trust company, or any successor book -entry securities depository appointed for the Bonds. ❑ "Issuer" and "City" shall mean the City of Dubuque, Iowa. ❑ "Participants" shall mean those broker - dealers, banks and other financial institutions for which DTC holds Bonds as securities depository. ❑ "Paying Agent" shall mean Wells Fargo Bank, National Association, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuer's agent to provide for the payment of principal of and interest on the Bonds as the same shall become due. ❑ "Project Fund" shall mean the fund required to be established by this Resolution for the deposit of the proceeds of the Bonds. ❑ "Rebate Fund" shall mean the fund so defined in and established pursuant to the Tax Exemption Certificate. ❑ "Registrar" shall mean Wells Fargo Bank, National Association of Minneapolis, Minnesota, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the Bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Bonds. ❑ "Representation Letter" shall mean the Blanket Issuer Letter of Representations executed and delivered by the Issuer to DTC on file with DTC. ❑ "Resolution" shall mean this resolution authorizing the Bonds. ❑ "Tax Exemption Certificate" shall mean the Tax Exemption Certificate executed by the Treasurer and delivered at the time of issuance and delivery of the Bonds. ❑ "Treasurer" shall mean the Finance Director or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Bonds issued hereunder. Section 2. Levy and Certification of Annual Tax; Other Funds to be Used. (a) Levy of Annual Tax. That for the pur- pose of providing funds to pay the principal and interest of the Bonds hereinafter author- ized to be issued, there is hereby levied for each future year the following direct annual tax on all of the taxable property in Dubuque, Io- wa, to -wit: AMOUNT] FISCAL YEAR ; (JULY 1 TO JUNE 30) YEAR OF COLLECTION 1$124,881; 2012/2013 $308,113: 2013/2014 '$304, 9131 2015/2016 i$300,713E 2016/2017 i $301 513; _ 2017/2018 $302,213���� 2018/2019 _____i $298,313____ 2020/2021 _____i [$298,8131 2021/2022 _f 15304,213T 2022/2023 1$3041131 2023/2024 [$303,600 2024/2025 wilt_ /20.2.6 $311:163 _ 2026/2027 1$309,413; 2027/2028 _ i $311, 850 2028/2029 (NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 2011 will be collected during the fiscal year commencing July 1, 2012.) (b) Resolution to be Filed With County Auditor. A certified copy of this Resolution should be filed with the County Auditor of Dubuque County, Iowa, and said Auditor is hereby instructed in and for each of the years as provided, to levy and assess the tax hereby authorized in Section 2 of this Resolution, in like manner as other taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the City are collected, and when collected be used for the purpose of paying principal and interest on said Bonds issued in anticipation of said tax, and for no other purpose whatsoever. (c) Additional City Funds Available. Principal and interest coming due at any time when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of the City available for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced. Section 3. Bond Fund. Said tax shall be collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the City, and when Book 142 Regular Session February 20, 2012 61 collected they shall be converted into a special fund within the Debt Service Fund to be known as the "GENERAL OBLIGATION URBAN RENEWAL BOND FUND 2012A" (the "Bond Fund "), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Bonds hereinafter authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes received by the City from property that is centrally assessed by the State of Iowa. Section 4. Application of Bond Proceeds. Proceeds of the Bonds other than accrued interest except as may be provided below shall be credited to the Project Fund and expended therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Bonds at any time that other funds shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with limitations provided by law or this Resolution. Accrued interest, if any, shall be deposited in the Bond Fund. Section 5. Investments of Bond Fund Proceeds. All moneys held in the Bond Fund, provided for by Section 3 of this Resolution shall be invested in investments permitted by Chapter 12B, Code of Iowa, 2011, as amended, or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be continuously secured in compliance with Chapter 12C of the Code of Iowa, 2011, as amended, or otherwise by a valid pledge of direct obligations of the United States Government having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for payment of principal of or interest on the Bonds as herein provided. Section 6. Bond Details, Execution and Redemption. (a) Bond Details. General Obligation Urban Renewal Bonds of the City in the amount of $4,380,000, shall be issued pursuant to the provisions of Sections 403.12 and 384.25 of the Code of Iowa for the aforesaid purpose. The Bonds shall be designated "general obligation URBAN RENEWAL bond, SERIES 2012A ", be dated the date of delivery, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on December 1, 2012, and semiannually thereafter on the 1st day of June and December in each year until maturity at the rates hereinafter provided. The Bonds shall be executed by the man- ual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the Clerk, and impressed or printed with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premi- um, if any, shall be payable at the office of the Paying Agent by mailing of a check to the reg- istered owner of the Bond. The Bonds shall be in the denomination of $5,000 or multiples thereof. The Bonds shall mature and bear in- terest as follows: Principal Interest Amount Rate $205,000 2.000% [$205,000 [ 2.000% $210,0001 2.000% $210,000 $215,000 Maturity June 1st 2014 i 2015 2.000% 2017 i 1 i 2.000% 2022 2.125% ! 2023 2.250% 2024 2016 2.000% $220,000 2.000% $225,000 [$225,000 I. $230,000; [$240,000 [ L$245,000 [$250,000 $260,0001 $270,000 ! [$275,000 [ 1F$285,000 I 1 $300,0001 [$310,000 2.000% 2.000% 2018 2019 2020 2021 2.375% 2025 2.500% 2026 2.500% 2.750% 3.000% t 3.000% 3.000% 2027 2028 1 2030 1 2031 2029 (b) Redemption. Bonds maturing after June 1, 2020 may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' notice of redemption shall be given by first class mail to the registered owner of the Bond. Failure to give such notice by mail to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All bonds or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. If selection by lot within a maturity is required, the Registrar shall designate the bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of bonds to be called has been reached. 62 Regular Session, February 20, 2012 Book 142 Section 7. Issuance of Bonds in Book - Entry Form; Replacement Bonds. (a) Notwithstanding the other provisions of this Resolution regarding registration, ownership, transfer, payment and exchange of the Bonds, unless the Issuer determines to permit the exchange of Depository Bonds for Bonds in the Authorized Denominations, the Bonds shall be issued as Depository Bonds in denominations of the entire principal amount of each maturity of Bonds (or, if a portion of said principal amount is prepaid, said principal amount less the prepaid amount); and such Depository Bonds shall be registered in the name of Cede & Co., as nominee of DTC. Payment of semi - annual interest for any Depository Bond shall be made by wire transfer or New York Clearing House or equivalent next day funds to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated in or pursuant to the Representation Letter. (b) With respect to Depository Bonds, neither the Issuer nor the Paying Agent shall have any responsibility or obligation to any Participant or to any Beneficial Owner. Without limiting the immediately preceding sentence, neither the Issuer nor the Paying Agent shall have any responsibility or obligation with respect to (i) the accuracy of the records of DTC or its nominee or of any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant, any Beneficial Owner or any other person, other than DTC or its nominee, of any notice with respect to the Bonds, (iii) the payment to any Participant, any Beneficial Owner or any other person, other than DTC or its nominee, of any amount with respect to the principal of, premium, if any, or interest on the Bonds, or (iv) the failure of DTC to provide any information or notification on behalf of any Participant or Beneficial Owner. The Issuer and the Paying Agent may treat DTC or its nominee as, and deem DTC or its nominee to be, the absolute owner of each Bond for the purpose of payment of the principal of, premium, if any, and interest on such Bond, for the purpose of all other matters with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes whatsoever (except for the giving of certain Bond holder consents, in accordance with the practices and procedures of DTC as may be applicable thereto). The Paying Agent shall pay all principal of, premium, if any, and interest on the Bonds only to or upon the order of the Bondholders as shown on the Registration Books, and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obligations with respect to the principal of, premium, if any, and interest on the Bonds to the extent so paid. Notwithstand- ing the provisions of this Resolution to the con- trary (including without limitation those provi- sions relating to the surrender of Bonds, regis- tration thereof, and issuance in Authorized Denominations), as long as the Bonds are Depository Bonds, full effect shall be given to the Representation Letter and the procedures and practices of DTC thereunder, and the Pay- ing Agent shall comply therewith. (c) Upon (i) a determination by the Issuer that DTC is no longer able to carry out its func- tions or is otherwise determined unsatisfacto- ry, or (ii) a determination by DTC that the Bonds are no longer eligible for its depository services or (iii) a determination by the Paying Agent that DTC has resigned or discontinued its services for the Bonds, if such substitution is authorized by law, the Issuer shall (A) des- ignate a satisfactory substitute depository as set forth below or, if a satisfactory substitute is not found, (B) provide for the exchange of De- pository Bonds for replacement Bonds in Au- thorized Denominations. (d) To the extent authorized by law, if the Issuer determines to provide for the exchange of Depository Bonds for Bonds in Authorized Denominations, the Issuer shall so notify the Paying Agent and shall provide the Registrar with a supply of executed unauthenticated Bonds to be so exchanged. The Registrar shall thereupon notify the owners of the Bonds and provide for such exchange, and to the extent that the Beneficial Owners are designated as the transferee by the owners, the Bonds will be delivered in appropriate form, content and Au- thorized Denominations to the Beneficial Own- ers, as their interests appear. (e) Any substitute depository shall be des- ignated in writing by the Issuer to the Paying Agent. Any such substitute depository shall be a qualified and registered "clearing agency" as provided in Section 17A of the Securities Ex- change Act of 1934, as amended. The substi- tute depository shall provide for (i) immobiliza- tion of the Depository Bonds, (ii) registration and transfer of interests in Depository Bonds by book entries made on records of the depos- itory or its nominee and (iii) payment of princi- pal of, premium, if any, and interest on the Bonds in accordance with and as such inter- ests may appear with respect to such book entries. Section 8. Registration of Bonds; Appoint- ment of Registrar; Transfer; Ownership; Deliv- ery; and Cancellation. (a) Registration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. Wells Fargo Bank, National As- Book 142 Regular Session February 20, 2012 63 sociation is hereby appointed as Bond Regis- trar under the terms of this Resolution and under the provisions of a separate agreement with the Issuer filed herewith which is made a part hereof by this reference. Registrar shall maintain the books of the Issuer for the regis- tration of ownership of the Bonds for the pay- ment of principal of and interest on the Bonds as provided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bonds and in this Resolution. (b) Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registration and transfer of Bonds and only upon surrender thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the registered owner required above. Upon the transfer of any such Bond, a new fully registered Bond, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Bond, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. (c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolution. (d) Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer. (f) Non - Presentment of Bonds. In the event any payment check representing payment of principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Bonds. The Paying Agents obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. (g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer's expense, one bond for each annual maturity. The Registrar shall furnish additional bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Section 9. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with such 64 Regular Session, February 20, 2012 Book 142 other reasonable regulations as the Issuer or its agent may prescribe and paying such ex- penses as the Issuer may incur in connection therewith. Section 10. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their designated agent as the same appear on the books of the Registrar on the 15th day of the month preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. Payment of principal shall only be made upon surrender of the Bond to the Paying Agent. Section 11. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this Resolution, the Mayor and Clerk shall execute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. No Bonds shall be authenticated and delivered by the Registrar unless and until there shall have been provided the following: 1. A certified copy of the Resolution of Issuer authorizing the issuance of the Bonds; 2. A written order of Issuer signed by the Treasurer of the Issuer directing the authentication and delivery of the Bonds to or upon the order of the Purchaser upon payment of the purchase price as set forth therein; 3. The approving opinion of Ahlers & Cooney, P.C., Bond Counsel, concerning the validity and legality of all the Bonds proposed to be issued. Section 12. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered bondholder. Section 13. Form of Bond. Bonds shall be printed in substantial compliance with standards proposed by the American Standards Institute substantially in the form as [provided]: Section 14. Contract Between Issuer and Purchaser. This Resolution constitutes a contract between said City and the purchaser of the Bonds. Section 15. Non - Arbitrage Covenants. The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance and sale of the Bonds issued here- under which will cause any of the Bonds to be classified as arbitrage bonds within the mean- ing of Sections 148(a) and (b) of the Internal Revenue Code of the United States, as amended, and that throughout the term of the Bonds it will comply with the requirements of statutes and regulations issued thereunder. To the best knowledge and belief of the Issuer, there are no facts or circumstances that would materially change the foregoing statements or the conclusion that it is not expected that the proceeds of the Bonds will be used in a man- ner that would cause the Bonds to be arbitrage bonds. Without limiting the generality of the foregoing, the Issuer hereby agrees to comply with the provisions of the Tax Exemption Cer- tificate and the provisions of the Tax Exemp- tion Certificate are hereby incorporated by reference as part of this Resolution. The Treasurer is hereby directed to make and in- sert all calculations and determinations neces- sary to complete the Tax Exemption Certificate in all respects and to execute and deliver the Tax Exemption Certificate at issuance of the Bonds to certify as to the reasonable expecta- tions and covenants of the Issuer at that date. Section 16. Additional Covenants, Repre- sentations and Warranties of the Issuer. The Issuer certifies and covenants with the pur- chasers and holders of the Bonds from time to time outstanding that the Issuer through its officers, (a) will make such further specific covenants, representations and assurances as may be necessary or advisable; (b) comply with all representations, covenants and assur- ances contained in the Tax Exemption Certifi- cate, which Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the owners of the Bonds;(c) consult with bond counsel (as defined in the Tax Ex- emption Certificate); (d) pay to the United States, as necessary, such sums of money representing required rebates of excess arbi- trage profits relating to the Bonds;(e) file such forms, statements and supporting documents as may be required and in a timely manner; and (f) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, fi- nancial advisors, attorneys and other persons to assist the Issuer in such compliance. Section 17. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be amended without the consent of any owner of the Bonds if, in the opinion of bond counsel, such amendment is necessary to maintain tax exemption with respect to the Bonds under applicable Federal law or regulations. Section 18. Continuing Disclosure. The Is- Book 142 Regular Session February 20, 2012 65 suer hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, and the provisions of the Continuing Disclosure Certificate are hereby incorporated by reference as part of this Resolution and made a part hereof. Notwithstanding any other provision of this Resolution, failure of the Issuer to comply with the Continuing Disclosure Certificate shall not be considered an event of default under this Resolution; however, any holder of the Bonds or Beneficial Owner may take such actions as may be necessary and appropriate, including seeking specific performance by court order, to cause the Issuer to comply with its obligations under the Continuing Disclosure Certificate. For purposes of this section, "Beneficial Owner" means any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bond (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. Section 19. Severability Clause. If any section, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective immediately upon its passage and approval. Section 20. Repeal of Conflicting Resolutions or Ordinances. That all ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. Passed and approved this 20th day of February, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 54 -12 APPOINTING WELLS FARGO BANK, NATIONAL ASSOCIATION OF MINNEAPOLIS, MINNESOTA, TO SERVE AS PAYING AGENT, BOND REGISTRAR, AND TRANSFER AGENT, APPROVING THE PAYING AGENT AND BOND REGISTRAR AND TRANSFER AGENT AGREEMENT AND AUTHORIZING THE EXECUTION OF THE AGREEMENT Whereas, pursuant to the provisions of Chapter 75 of the Code of Iowa, $4,380,000 General Obligation Urban Renewal Bonds, Series 2012A, dated the date of delivery, have been sold at public sale and action should now be taken to provide for the maintenance of records, registration of certificates and payment of principal and interest in connection with the issuance of the Bonds; and Whereas, this Council has deemed that the services offered by Wells Fargo Bank, National Association of Minneapolis, Minnesota, are necessary for compliance with rules, regulations, and requirements governing the registration, transfer and payment of registered Bonds; and Whereas, a Paying Agent, Bond Registrar and Transfer Agent Agreement (hereafter "Agreement') has been prepared to be entered into between the City and Wells Fargo Bank, National Association. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF DUBUQUE, IOWA: Section 1. That Wells Fargo Bank, National Association of Minneapolis, Minnesota, is hereby appointed to serve as Paying Agent, Bond Registrar and Transfer Agent in connection with the issuance of $4,380,000 General Obligation Urban Renewal Bonds, Series 2012A, dated the date of delivery. Section 2. That the Agreement with Wells Fargo Bank, National Association of Minneapolis, Minnesota, is hereby approved and that the Mayor and Clerk are authorized to sign the Agreement on behalf of the City. Passed and approved this 20th day of February, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 55 -12 AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $7,495,000 GENERAL OBLIGATION BONDS, SERIES 2012B, AND LEVYING A TAX TO PAY SAID BONDS Whereas, the Issuer is duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and Whereas, the Issuer is in need of funds to pay costs of the construction, reconstruction and repair of street, sidewalk and streetscape improvements, including those costs associated with the East 7th and Commercial Street reconstruction and related improvements, two -way street traffic conversions, and Historic Millwork District "complete streets" improvements, and the refunding and refinancing of the General Obligation Capital Loan Notes, Series 2010F, dated September 20, 2010, essential corporate purposes, and it is deemed necessary and advisable that General Obligation Bonds be authorized for said purpose; and Whereas, pursuant to notice published as required by Section 384.25 of said Code, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of the Bonds to the amount of not to exceed $9,000,000, and the Council is therefore now authorized to proceed with the issuance of $7,495,000 General Obligation Bonds, Series 2012B; and Whereas, pursuant to the provisions of 66 Regular Session, February 20, 2012 Book 142 Chapter 75 of the Code of Iowa, the above mentioned Bonds were heretofore sold at public sale and action should now be taken to issue said Bonds conforming to the terms and conditions of the best bid received at the advertised public sale: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: O " Authorized Denominations" shall mean $5,000 or any integral multiple thereof. O " Beneficial Owner" shall mean the person in whose name such Bond is recorded as the beneficial owner of a Bond by a Participant on the records of such Participant or such person's subrogee. ❑ "Bond Fund" shall mean the fund created in Section 3 of this Resolution. ❑ "Bonds" shall mean $7,495,000 General Obligation Bonds, Series 2012B, authorized to be issued by this Resolution. ❑ "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. ❑ "Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure Certificate executed by the Issuer and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. ❑ "Current Refunding Portion" shall mean $1,908,178 of the proceeds of the Bonds, being used to refund the Refunded Bonds. ❑ "Depository Bonds" shall mean the Bonds as issued in the form of one global certificate for each maturity, registered in the Registration Books maintained by the Registrar in the name of DTC or its nominee. ❑ "DTC" shall mean The Depository Trust Company, New York, New York, a limited purpose trust company, or any successor book -entry securities depository appointed for the Bonds. O " Issuer" and "City" shall mean the City of Dubuque, Iowa. ❑ "New Money Portion" shall mean $5,480,936 of the proceeds of the Bonds, being issued to pay the costs of the construction, reconstruction and repair of street, sidewalk and streetscape improvements, including those costs associated with the East 7th and Commercial Street reconstruction and related improvements, two -way street traffic conversions, and Historic Millwork District "complete streets" improvements. ❑ "Participants" shall mean those broker- dealers, banks and other financial institutions for which DTC holds Bonds as securities depository. ❑ "Paying Agent" shall mean Wells Fargo Bank, National Association, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuer's agent to provide for the payment of principal of and interest on the Bonds as the same shall become due. ❑ "Project Fund" shall mean, as to the New Money Portion, the fund established under this Resolution for the deposit of a portion of the proceeds to pay the costs of the construction, reconstruction and repair of street, sidewalk and streetscape improvements, including those costs associated with the East 7th and Commercial Street reconstruction and related improvements, two -way street traffic conversions, and Historic Millwork District "complete streets" improvements. As to the Current Refunding Portion, "Project Fund" shall mean the fund established for the deposit of a portion of the proceeds that will be used, together with interest earnings thereon, to pay the principal, interest and redemption premium, if any, on the Refunded Bonds. O " Rebate Fund" shall mean the fund so defined in and established pursuant to the Tax Exemption Certificate. O " Refunded Bonds" shall mean the General Obligation Capital Loan Notes, Series 2010F, dated September 20, 2010, and maturing on June 1, 2012 and June 1, 2013. O " Registrar" shall mean Wells Fargo Bank, National Association of Minneapolis, Minnesota, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the Bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Bonds. O " Representation Letter" shall mean the Blanket Issuer Letter of Representations executed and delivered by the Issuer to DTC on file with DTC. O " Resolution" shall mean this resolution authorizing the Bonds. O "Tax Exemption Certificate" shall mean the Tax Exemption Certificate executed by the Treasurer and delivered at the time of issuance and delivery of the Bonds. O "Treasurer" shall mean the Finance Director or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Bonds issued hereunder. Section 2. Levy and Certification of Annual Tax; Other Funds to be Used. (a) Levy of Annual Tax. That for the purpose of providing funds to pay the principal Book 142 Regular Session February 20, 2012 67 and interest of the Bonds hereinafter authorized to be issued, there is hereby levied for each future year the following direct annual tax on all of the taxable property in Dubuque, Iowa, to -wit: AMOUNT FISCAL YEAR (JULY 1 TO JUNE 30) YEAR OF COLLECTION $296,421 2012/2013 $526,325 2013/2014 $524,425 2014/2015 $522,425 2015/2016 $520,325 2016/2017 $518,125 2017/2018 $515,825 2018/2019 $513,425 2019/2020 $515,925 2020/2021 $518,225 2021/2022 $514,338 2022/2023 $520,338 2023/2024 $520,481 2024/2025 $524,856 2025/2026 $528,856 2026/2027 $530,206 2027/2028 $531,106 2028/2029 $536,556 2029/2030 $541,406 2030/2031 (NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 2011 will be collected during the fiscal year commencing July 1, 2012.) (b) Resolution to be Filed With County Auditor. A certified copy of this Resolution should be filed with the County Auditor of Dubuque County, State of Iowa, and said Auditor is hereby instructed in and for each of the years as provided, to levy and assess the tax hereby authorized in Section 2 of this Resolution, in like manner as other taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the City are collected, and when collected be used for the purpose of paying principal and interest on said Bonds issued in anticipation of said tax, and for no other purpose whatsoever. (c) Additional City Funds Available. Principal and interest coming due at any time when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of the City available for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced. Section 3. Bond Fund. Said tax shall be collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the City, and when collected they shall be converted into a special fund within the Debt Service Fund to be known as the "GENERAL OBLIGATION BOND FUND 2012B" (the 'Bond Fund "), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Bonds hereinafter authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes received by the City from property that is centrally assessed by the State of Iowa. Section 4. Application of Bond Proceeds — New Money Portion. Proceeds of the Bonds other than accrued interest except as may be provided below shall be credited to the Project Fund and expended therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Bonds at any time that other funds shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with limitations provided by law or this Resolution. Accrued interest, if any, shall be deposited in the Bond Fund. Section 5. Application of Bond Proceeds — Current Refunding Portion. Proceeds of the Bonds other than accrued interest except as may be provided below shall be credited to the Project Fund and expended therefrom for the purposes of issuance. Proceeds invested shall mature before the date on which the moneys are required for payment of principal and interest on the Refunded Bonds. Accrued interest, if any, shall be deposited in the Bond Fund. Section 6. Investments of Bond Fund Proceeds. All moneys held in the Bond Fund, provided for by Section 3 of this Resolution shall be invested in investments permitted by Chapter 12B, Code of Iowa, 2011, as amended, or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be continuously secured in compliance with Chapter 12C of the Code of Iowa, 2011, as amended, or otherwise by a valid pledge of direct obligations of the United States Government having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for payment of principal of or interest on the Bonds as herein provided. Section 7. Bond Details, Execution and Redemption. (a) Bond Details. General Obligation Bonds of the City in the amount of $7,495,000, shall be issued pursuant to the provisions of Section 68 Regular Session, February 20, 2012 Book 142 384.25 of the City Code of Iowa for the aforesaid purpose. The Bonds shall be designated "general obligation bond, SERIES 2012B ", be dated the date of delivery, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on December 1, 2012, and semiannually thereafter on the 1st day of June and December in each year until maturity at the rates hereinafter provided. The Bonds shall be executed by the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the Clerk, and impressed or printed with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Bond. The Bonds shall be in the denomination of $5,000 or multiples thereof. The Bonds shall mature and bear interest as follows: Principal Amount Interest Rate Maturity June 1st $75,000 2.000% 2013 $345,000 2.000% 2014 $350,000 2.000% 2015 $355,000 2.000% 2016 $360,000 2.000% 2017 $365,000 2.000% 2018 $370,000 2.000% 2019 $375,000 2.000% 2020 $385,000 2.000% 2021 $395,000 2.250% 2022 $400,000 2.250% 2023 $415,000 2.375% 2024 $425,000 2.500% 2025 $440,000 2.500% 2026 $455,000 3.000% 2027 $470,000 3.000% 2028 $485,000 3.000% 2029 $505,000 3.000% 2030 $525,000 3.125% 2031 (b) Redemption. Bonds maturing after June 1, 2020 may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' notice of redemption shall be given by certified mail to the registered owner of the Bond. Failure to give such notice by mail to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All bonds or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. If selection by lot within a maturity is required, the Registrar shall designate the bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of bonds to be called has been reached. Section 8. Issuance of Bonds in Book - Entry Form; Replacement Bonds. (a) Notwithstanding the other provisions of this Resolution regarding registration, ownership, transfer, payment and exchange of the Bonds, unless the Issuer determines to permit the exchange of Depository Bonds for Bonds in the Authorized Denominations, the Bonds shall be issued as Depository Bonds in denominations of the entire principal amount of each maturity of Bonds (or, if a portion of said principal amount is prepaid, said principal amount less the prepaid amount); and such Depository Bonds shall be registered in the name of Cede & Co., as nominee of DTC. Payment of semi - annual interest for any Depository Bond shall be made by wire transfer or New York Clearing House or equivalent next day funds to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated in or pursuant to the Representation Letter. (b) With respect to Depository Bonds, neither the Issuer nor the Paying Agent shall have any responsibility or obligation to any Participant or to any Beneficial Owner. Without limiting the immediately preceding sentence, neither the Issuer nor the Paying Agent shall have any responsibility or obligation with respect to (i) the accuracy of the records of DTC or its nominee or of any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant, any Beneficial Owner or any other person, other than DTC or its nominee, of any notice with respect to the Bonds, (iii) the payment to any Participant, any Beneficial Owner or any other person, other than DTC or its nominee, of any amount with respect to the principal of, premium, if any, or interest on the Bonds, or (iv) the failure of DTC to provide any information or notification on behalf of any Participant or Beneficial Owner. The Issuer and the Paying Agent may treat DTC or its nominee as, and deem DTC or its nominee to be, the absolute owner of each Bond for the purpose of payment of the principal of, premium, if any, and interest on such Bond, for the purpose of all other matters with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes whatsoever (except for the giving of certain Bond holder consents, in accordance with the practices and procedures of DTC as may be applicable Book 142 Regular Session February 20, 2012 69 thereto). The Paying Agent shall pay all principal of, premium, if any, and interest on the Bonds only to or upon the order of the Bondholders as shown on the Registration Books, and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obligations with respect to the principal of, premium, if any, and interest on the Bonds to the extent so paid. Notwithstanding the provisions of this Resolution to the contrary (including without limitation those provisions relating to the surrender of Bonds, registration thereof, and issuance in Authorized Denominations), as long as the Bonds are Depository Bonds, full effect shall be given to the Representation Letter and the procedures and practices of DTC thereunder, and the Paying Agent shall comply therewith. (c) Upon (i) a determination by the Issuer that DTC is no longer able to carry out its functions or is otherwise determined unsatisfactory, or (ii) a determination by DTC that the Bonds are no longer eligible for its depository services or (iii) a determination by the Paying Agent that DTC has resigned or discontinued its services for the Bonds, if such substitution is authorized by law, the Issuer shall (A) designate a satisfactory substitute depository as set forth below or, if a satisfactory substitute is not found, (B) provide for the exchange of Depository Bonds for replacement Bonds in Authorized Denominations. (d) To the extent authorized by law, if the Issuer determines to provide for the exchange of Depository Bonds for Bonds in Authorized Denominations, the Issuer shall so notify the Paying Agent and shall provide the Registrar with a supply of executed unauthenticated Bonds to be so exchanged. The Registrar shall thereupon notify the owners of the Bonds and provide for such exchange, and to the extent that the Beneficial Owners are designated as the transferee by the owners, the Bonds will be delivered in appropriate form, content and Authorized Denominations to the Beneficial Owners, as their interests appear. (e) Any substitute depository shall be designated in writing by the Issuer to the Paying Agent. Any such substitute depository shall be a qualified and registered "clearing agency" as provided in Section 17A of the Securities Exchange Act of 1934, as amended. The substitute depository shall provide for (i) immobilization of the Depository Bonds, (ii) registration and transfer of interests in Depository Bonds by book entries made on records of the depository or its nominee and (iii) payment of principal of, premium, if any, and interest on the Bonds in accordance with and as such interests may appear with respect to such book entries. Section 9. Registration of Bonds; Appointment of Registrar; Transfer; Ownership; Delivery; and Cancellation. (a) Registration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. Wells Fargo Bank, National Association is hereby appointed as Bond Registrar under the terms of this Resolution and under the provisions of a separate agreement with the Issuer filed herewith which is made a part hereof by this reference. Registrar shall maintain the books of the Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as provided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bonds and in this Resolution. (b) Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registration and transfer of Bonds and only upon surrender thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the registered owner required above. Upon the transfer of any such Bond, a new fully registered Bond, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Bond, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. (c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolution. (d) Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal 70 Regular Session, February 20, 2012 Book 142 of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer. (f) Non - Presentment of Bonds. In the event any payment check representing payment of principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Bonds. The Paying Agents obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. (g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer's expense, one bond for each annual maturity. The Registrar shall furnish additional bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Section 10. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 11. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their designated agent as the same appear on the books of the Registrar on the 15th day of the month preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. Payment of principal shall only be made upon surrender of the Bond to the Paying Agent. Section 12. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this Resolution, the Mayor and Clerk shall execute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. No Bonds shall be authenticated and delivered by the Registrar unless and until there shall have been provided the following: 1. A certified copy of the Resolution of Issuer authorizing the issuance of the Bonds; 2. A written order of Issuer signed by the Treasurer of the Issuer directing the authentication and delivery of the Bonds to or upon the order of the Purchaser upon payment of the purchase price as set forth therein; 3. The approving opinion of Ahlers & Cooney, P.C., Bond Counsel, concerning the validity and legality of all the Bonds proposed to be issued. Section 13. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written Book 142 Regular Session February 20, 2012 71 notice to each registered bondholder. Section 14. Form of Bond. Bonds shall be printed in substantial compliance with standards proposed by the American Standards Institute substantially in the form as [provided]. Section 15. Contract Between Issuer and Purchaser. This Resolution constitutes a contract between said City and the purchaser of the Bonds. Section 16. Non - Arbitrage Covenants. The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance and sale of the Bonds issued hereunder which will cause any of the Bonds to be classified as arbitrage bonds within the meaning of Sections 148(a) and (b) of the Internal Revenue Code of the United States, as amended, and that throughout the term of the Bonds it will comply with the requirements of statutes and regulations issued thereunder. To the best knowledge and belief of the Issuer, there are no facts or circumstances that would materially change the foregoing statements or the conclusion that it is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be arbitrage bonds. Without limiting the generality of the foregoing, the Issuer hereby agrees to comply with the provisions of the Tax Exemption Certificate and the provisions of the Tax Exemption Certificate are hereby incorporated by reference as part of this Resolution. The Treasurer is hereby directed to make and insert all calculations and determinations necessary to complete the Tax Exemption Certificate in all respects and to execute and deliver the Tax Exemption Certificate at issuance of the Bonds to certify as to the reasonable expectations and covenants of the Issuer at that date. Section 17. Additional Covenants, Representations and Warranties of the Issuer. The Issuer certifies and covenants with the purchasers and holders of the Bonds from time to time outstanding that the Issuer through its officers, (a) will make such further specific covenants, representations and assurances as may be necessary or advisable; (b) comply with all representations, covenants and assurances contained in the Tax Exemption Certificate, which Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the owners of the Bonds;(c) consult with bond counsel (as defined in the Tax Exemption Certificate); (d) pay to the United States, as necessary, such sums of money representing required rebates of excess arbitrage profits relating to the Bonds;(e) file such forms, statements and supporting documents as may be required and in a timely manner; and (f) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial advisors, attorneys and other persons to assist the Issuer in such compliance. Section 18. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be amended without the consent of any owner of the Bonds if, in the opinion of bond counsel, such amendment is necessary to maintain tax exemption with respect to the Bonds under applicable Federal law or regulations. Section 19. Continuing Disclosure. The Issuer hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, and the provisions of the Continuing Disclosure Certificate are hereby incorporated by reference as part of this Resolution and made a part hereof. Notwithstanding any other provision of this Resolution, failure of the Issuer to comply with the Continuing Disclosure Certificate shall not be considered an event of default under this Resolution; however, any holder of the Bonds or Beneficial Owner may take such actions as may be necessary and appropriate, including seeking specific performance by court order, to cause the Issuer to comply with its obligations under the Continuing Disclosure Certificate. For purposes of this section, 'Beneficial Owner" means any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bond (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. Section 20. Severability Clause. If any section, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective immediately upon its passage and approval. Section 21. Repeal of Conflicting Resolutions or Ordinances. That all ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. Passed and approved this 20th day of February, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 56 -12 APPOINTING WELLS FARGO BANK, NATIONAL ASSOCIATION OF MINNEAPOLIS, MINNESOTA, TO SERVE AS PAYING AGENT, BOND REGISTRAR, AND TRANSFER AGENT, APPROVING THE PAYING AGENT AND BOND REGISTRAR AND TRANSFER AGENT AGREEMENT AND AUTHORIZING THE EXECUTION OF THE AGREEMENT 72 Regular Session, February 20, 2012 Book 142 Whereas, pursuant to the provisions of Chapter 75 of the Code of Iowa, $7,495,000 General Obligation Bonds, Series 2012B, dated the date of delivery, have been sold at public sale and action should now be taken to provide for the maintenance of records, registration of certificates and payment of principal and interest in connection with the issuance of the bonds; and Whereas, this Council has deemed that the services offered by Wells Fargo Bank, National Association of Minneapolis, Minnesota, are necessary for compliance with rules, regulations, and requirements governing the registration, transfer and payment of registered Bonds; and Whereas, a Paying Agent, Bond Registrar and Transfer Agent Agreement (hereafter "Agreement') has been prepared to be entered into between the City and Wells Fargo Bank, National Association. NOW, THEREFORE, BE IT RESOLVED BY THE City of Dubuque, IOWA: Section 1. That Wells Fargo Bank, National Association of Minneapolis, Minnesota, is hereby appointed to serve as Paying Agent, Bond Registrar and Transfer Agent in connection with the issuance of $7,495,000 General Obligation Bonds, Series 2012B, dated the date of delivery. Section 2. That the Agreement with Wells Fargo Bank, National Association of Minneapolis, Minnesota, is hereby approved and that the Mayor and Clerk are authorized to sign the Agreement on behalf of the City. Passed and approved this 20th day of February, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Cable Television Commission Ordinance Amendment: City Manager recommending an amendment to Ordinance 5 -12, removing the publication requirement, and providing for the subsequent appointment of commissioners on a staggered basis, appointing three commissioners one year and four commissioners the following year. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Motion carried 7 -0. Motion by Connors for final consideration and passage of Ordinance No. 14 -12 Amending Ordinance No. 5 -12 Establishing the Cable Television Commission by Removing the Thirty (30) Day Publication Requirement in Section 2 -11 -5 and Providing for Staggered Terms for Commission Members in Section 2 -11 -7. Seconded by Braig. Motion carried 7 -0. OFFICIAL PUBLICATION ORDINANCE NO. 14 -12 AMENDING ORDINANCE NO. 5 -12 ESTAB- LISHING THE CABLE TELEVISION COM- MISSION BY REMOVING THE THIRTY (30) DAY PUBLICATION REQUIREMENT IN SECTION 2 -11 -5 AND PROVIDING FOR STAGGERED TERMS FOR COMMISSION MEMBERS IN SECTION 2 -11 -7 Section 1. Ordinance No. 5 -12, Section 2- 11-5 is amended to read as follows: Sec. 2 -11 -5. Membership. 1. The Commission consists of seven (7) residents of the city, appointed by the city council. Section 2. Ordinance No. 5 -12, Section 2 -11 -7 is amended to read as follows: Sec. 2 -11 -7. Term. For the initial appoint- ments, three (3) of the appointments will be for terms ending July 1, 2014 and four (4) of the appointments will be for terms ending July 1, 2015. Thereafter, each member of the Com- mission will hold office for three (3) years and until such member's successor is appointed and qualified. The term of office of each mem- ber will commence July 1 in the year in which the member is appointed. Vacancies occurring on the Commission through death, resignation, or permanent removal from the City will be filled by the mayor with the approval of the city council, but such appointments will be made to fill out the unexpired term for which the ap- pointment is made. Section 3. This Ordinance takes effect on publication. Passed, approved and adopted the 20th day of February, 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin Firnstahl, City Clerk Published officially in the Telegraph Herald Newspaper the 9tn day of March, 2012. /s /Kevin S. Firnstahl, City Clerk Acquisition of Property at 1716 S. Grandview Avenue: City Manager recommending approval of the purchase of the property at 1716 South Grandview Avenue allowing for future improvements to the entry of Murphy Park. Motion by Braig to receive and file the documents and adopt Resolution No. 57 -12 Approving the purchase of real estate from Janet C. Scott. Seconded by Connors. Responding to questions from City Council, City Manager Van Milligen and Leisure Services Manager Marie Ware stated that there is not an immediate plan for the space and that selling and moving the current structure is the preferable first option followed by deconstruction, which would save the City Book 142 Regular Session February 20, 2012 73 landfill costs. Motion carried 7 -0. RESOLUTION NO. 57 -12 APPROVING THE PURCHASE OF REAL ESTATE FROM JANET C. SCOTT Whereas, Janet C. Scott is the owner of the following real property (the Property); The east 50 feet of lot 2 of lot 15, and, the east 50 feet of lot 2, both in Summer Hill Addition to Dubuque, in the City of Dubuque, Iowa, according to the recorded Plat thereof (1716 South Grandview); and Whereas, the City Manager has tentatively agreed to purchase the Property from Janet C. Scott, subject to the approval of an Offer to Buy Real Estate and Acceptance between City and Janet C. Scott by the City Council and Whereas, the City Council has determined that it would be in the best interests of the City to approve the purchase of the Property from Janet C. Scott. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby approves the Offer to Buy and Acceptance attached hereto. Section 2. The City Manager and City Attorney are authorized to take such further action as is required to complete the purchase of the Property. Passed, approved and adopted this 20th day of February, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Code of Ordinances Amendment - Removing No Parking Area on 9th Street: City Manager recommending an amendment to City of Dubuque Code of Ordinance 9 -14- 321.602 to remove a section of no parking on 9th Street just east of Iowa to the alley east. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Motion carried 7 -0. Motion by Connors for final consideration and passage of Ordinance No. 15 -12 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Parking, Section 9 -14- 321.602 Parking Prohibited on Designated Streets or Portions Thereof by Removing Prohibited Parking on 9th Street Due to the New Intersection Pedestrian Area. Seconded by Braig. Motion carried 7 -0. OFFICIAL PUBLICATION ORDINANCE NO. 15 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHICLES AND TRAFFIC, CHAPTER 14 PARKING, SECTION 9 -14- 321.602 PARKING PROHIB- ITED ON DESIGNATED STREETS OR POR- TIONS THEREOF BY REMOVING PROHIB- ITED PARKING ON 9TH STREET DUE TO THE NEW INTERSECTION PEDESTRIAN AREA NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 9 -14- 321.602 of the City of Dubuque Code of Ordinances is amended to read as follows: 9 -14- 321.602: PARKING PROHIBITED ON DESIGNATED STREETS OR PORTIONS THEREOF: D. No Parking At Any Time Zones Designated: When signs are erected giving notice thereof, no person shall, at any time, park a vehicle upon any of the following described streets or parts of streets: 9th Street, West, both sides, from University Avenue to Bluff Street; north side, from Bluff Street to Locust and Iowa Street to fire headquarters' driveway; south side, from Main Street to the alley west of Iowa Street and from the alley east of Iowa Street to Central Avenue. Section 2. This Ordinance takes effect on publication. Passed, approved and adopted the 20th day of February, 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin Firnstahl, City Clerk Published officially in the Telegraph Herald Newspaper on the 24th day of February, 2012. /s /Kevin S. Firnstahl, City Clerk Code of Ordinances Amendment - Amending Parking Meter District on 9th Street: City Manager recommending approval of an amendment to the Code of Ordinances to allow placement of the additional parking meters in the area of 9th and Iowa Streets to 9th Street and Central Avenue. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Motion carried 7 -0. Motion by Connors for final consideration and passage of Ordinance No. 16 -12 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Parking, Section 9 -14- 321.666 Municipal Parking Meter District Established by Adding Parking on 9th Street Due to the 74 Regular Session, February 20, 2012 Book 142 New Intersection Pedestrian Area. Seconded by Braig. Motion carried 7 -0. OFFICIAL PUBLICATION ORDINANCE NO. 16 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHICLES AND TRAFFIC, CHAPTER 14 PARKING, SECTION 9 -14- 321.666 MUNICIPAL PARK- ING METER DISTRICT ESTABLISHED BY ADDING PARKING ON 9TH STREET DUE TO THE NEW INTERSECTION PEDESTRIAN AREA NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 9 -14- 321.666 of the City of Dubuque Code of Ordinances is amended to read as follows: 9 -14- 321.666: MUNICIPAL PARKING METER DISTRICT ESTABLISHED: There is hereby established a municipal parking meter district to be comprised of streets and /or portions thereof as follows: East -west streets: 9th Street, south side, between Iowa Street and the alley east of Iowa Street. Section 2. This Ordinance takes effect on publication. Passed, approved and adopted the 20th day of February, 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin Firnstahl, City Clerk Published officially in the Telegraph Herald Newspaper on the 24th day of February, 2012. /s /Kevin S. Firnstahl, City Clerk Code of Ordinance Amendment - Prohibited Parking: City Manager recommending an amendment to the City of Dubuque Code of Ordinances to bring the City Code into compliance with the State Code. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Resnick. Motion carried 7 -0. Motion by Jones for final consideration and passage of Ordinance No. 17 -12 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Parking, Section 9 -14- 321.600 Prohibited in Specified Places by Adding the Traveled Portion of the Roadway as a Prohibited Place. Seconded by Resnick. Motion carried 7 -0. OFFICIAL PUBLICATION ORDINANCE NO. 17 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHICLES AND TRAFFIC, CHAPTER 14 PARKING, SECTION 9 -14- 321.600 PROHIBITED IN SPECIFIED PLACES BY ADDING THE TRAVELED PORTION OF THE ROADWAY AS A PROHIBITED PLACE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 9 -14- 321.600 of the City of Dubuque Code of Ordinances is amended to read as follows: 9 -14- 321.600: PROHIBITED IN SPECIFIED PLACES: No person shall stop, stand, or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device, in any of the following places: A. On a sidewalk. B. In front of a public or private driveway. C. Within an intersection. D. Within five feet (5') on either side of the point on the curb nearest to a fire hydrant. E. Within ten feet (10') upon the approach to any flashing beacon, stop sign, or traffic control signal located at the side of the roadway; with the exception of parking spaces within the designated parking meter district and when such spaces are clearly marked on the parking surface. F. Within fifty feet (50') of the nearest rail of a railroad crossing, except when parked parallel with such rail and not exhibiting a red light. G. Within twenty feet (20') of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy five feet (75') of said entrance when properly signposted. H. Alongside or opposite any street excavation or obstruction when such stopping, standing, or parking would obstruct traffic. I. On the roadway side of any vehicle stopped or parked at the edge or curb of street. J. Opposite the entrance to a garage or driveway in such a manner or under such conditions as to leave available less than twenty feet (20') of the width of the roadway for the free movement of vehicular traffic. K. Upon any street or in any alley in any part of the city in such a manner or under such conditions as to leave available less than ten feet (10') of the width of the roadway of such street or alley for the free movement of vehicular traffic, except when necessary in obedience to traffic regulations, traffic signs, or signals of a police officer. L. At any place where official signs or curb markings prohibit stopping, standing, or parking. M. Within ten feet (10') of the crosswalk, Book 142 Regular Session February 20, 2012 75 whether marked or not, at all intersections within the city; with the exception of parking spaces within the designated parking meter district and when such spaces are clearly marked on the parking surface. N. In an alley under any fire escape at any time. O. The traveled portion of the roadway. Section 2. This Ordinance takes effect on publication. Passed, approved and adopted the 20th day of February, 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin Firnstahl, City Clerk Published officially in the Telegraph Herald Newspaper on the 24th day of February, 2012. /s /Kevin S. Firnstahl, City Clerk Code of Ordinances Amendment - Disabled Parking Fine: City Manager recommending approval of an amendment to the City of Dubuque Code of Ordinances adjusting the fine for violation of disabled parking regulations from $100 to $200. Motion by Lynch to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Connors. Motion carried 7 -0. Motion by Connors for final consideration and passage of Ordinance No. 18 -12 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Parking, Section 9 -14- 321.705 Prohibited Use of Parking Places or Identification Devices by Increasing the Fine for Disabled Parking Violations from $100.00 to $200.00. Seconded by Braig. Motion carried 7 -0. OFFICIAL PUBLICATION ORDINANCE NO. 18 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHICLES AND TRAFFIC, CHAPTER 14 PARKING, SECTION 9 -14- 321.705 PROHIBITED USE OF PARKING PLACES OR IDENTIFICATION DEVICES BY INCREASING THE FINE FOR DISABLED PARKING VIOLATIONS FROM $100.00 TO $200.00 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 9 -14- 321.705 of the City of Dubuque Code of Ordinances is amended to read as follows: 9 -14- 321.705: PROHIBITED USE OF PARKING PLACES OR IDENTIFICATION DEVICES: A. Violation: The use of a disabled person space, including the access aisle, located on either public or private property, by a motor vehicle not displaying a special identification device issued by an official state or federal agency, or by a motor vehicle displaying such a device but not being used by a disabled person, as operator or passenger, is prohibited and is a misdemeanor for which a fine may be imposed upon the owner, operator, or lessee of the motor vehicle. The fine for each violation shall be two hundred dollars ($200.00). B. Parking Of Vehicle: Each motor vehicle authorized to use a disabled person space shall be parked within such parking spaces as are established and designated by appropriate markings. Each motor vehicle authorized to use a disabled person space when operated or moved therein and therefrom shall be operated or moved within the traffic lanes established and designated by appropriate markings. It shall be prohibited for any person to cause, allow, or permit any motor vehicle to park across, blocking or within the accessible access aisle of a disabled person parking space. The fine for each violation shall be two hundred dollars ($200.00). Section 2. This Ordinance takes effect on publication. Passed, approved and adopted the 20th day of February, 2012. /s /Roy D. Buol, Mayo Attest: /s /Kevin Firnstahl, City Clerk Published officiallx, in the Telegraph Herald Newspaper the 24 day of February, 2012. /s /Kevin S. Firnstahl, City Clerk Consultant Selection - 9th & 11th Street One- to Two -Way Conversion: City Manager recommending authorization to contract with IIW Engineers, P.C. to provide professional services for the 9th Street & 11th Street one - way to two -way conversion study and the comprehensive analysis of existing traffic sig- nal timings in the Downtown Central Business District. Motion by Lynch to receive and file the documents and approve the recommendation. Seconded by Connors. Responding to ques- tions from City Council, Julie Neeble of IIW Engineers & Surveyors provided information about what consultant services are provided the in conversion study. Motion carried 7 -0. East -West Corridor Study — Adoption: (At the City Manager's request, this item was addressed prior to the East -West Corridor Study — Development Moratorium.) City Manager recommending formal adoption of the East -West Corridor Connectivity Study in support of the Engineering Departments continuing effort to implement the report recommendations. Motion by Jones to receive and file the documents and adopt Resolution No. 58 -12 Adopting the East -West Corridor Connectivity Study Final Report (September 76 Regular Session, February 20, 2012 Book 142 2010). Seconded by Connors. Motion carried 7 -0. RESOLUTION NO. 58 -12 ADOPTING THE EAST -WEST CORRIDOR CONNECTIVITY STUDY FINAL REPORT (SEPTEMBER, 2010) Whereas, the City of Dubuque has adopted the 2008 Comprehensive Plan that includes a Transportation Element; and Whereas, the City of Dubuque has reviewed the East -West Corridor Connectivity Study Final Report dated September, 2010, and finds it to be consistent with the 2008 Comprehensive Plan. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the East -West Corridor Connectivity Study Final Report (September, 2010) is hereby adopted. Passed, approved and adopted this 20th day of February, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk East -West Corridor Study - Development Moratorium: City Manager recommending establishment of a construction and development moratorium for commercial and residential properties located within the East - West Corridor Connectivity Study area. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Responding to questions from City Council, City Manager Van Milligen stated that this is a short-term moratorium that will stay current development plans that could impact and complicate the project. Motion carried 6 -1 with Resnick voting nay. Motion by Connors for final consideration and passage of Ordinance No. 19 -12 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 2 Building, Construction, Demolition and Moving, Section 14 -2 -4: Moratorium for Construction of Other Work on Certain Streets, Areas of Facilities, by Adding a new Subsection B Establishing a Moratorium on the Issuance of Building Permits for Commercial and Residential Construction in the East -West Corridor Study Area. Seconded by Braig. Motion carried 7 -0. OFFICIAL PUBLICATION ORDINANCE NO. 19 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 2 BUILDING, CONSTRUCTION, DEMOLITION AND MOV- ING, SECTION 14 -2 -4: MORATORIUM FOR CONSTRUCTION OR OTHER WORK ON CERTAIN STREETS, AREAS OR FACILI- TIES, BY ADDING A NEW SUBSECTION B ESTABLISHING A MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS FOR COMMERCIAL AND RESIDENTIAL CON- STRUCTION IN THE EAST -WEST CORRI- DOR STUDY AREA Whereas, the City Council has approved the East -West Connectivity Study with the goal of improving connectivity between the western growth areas of the City and the downtown to analyze the east -west traffic flow in the City, identify corridor improvements or modifications to support growing traffic demands, and to consider transit needs, pedestrian needs, and sustainability; and Whereas, the East -West Connectivity Study has identified the University Avenue - Asbury Road corridor in the East -West Corridor Study Area as critical area for corridor improvements and modifications; and Whereas, the City Council finds that it is necessary to study further how such improvements and modifications may affect land use and site development in the East - West Corridor Study Area; and Whereas, the City Council finds that it is in the best interest of the City and its citizens to minimize the inconvenience and disruption to property owners in the study area and to minimize property acquisition costs for construction in the East -West Corridor Study Area and; and Whereas, the City Council finds that that a moratorium for the East -West Corridor Study Area will aid the City Council in its task of municipal planning and will play an important role in bridging the gap between planning and implementation of such plans; and Whereas, the City Council finds that a moratorium on development and construction will preserve the status quo while study of the area and its needs is completed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordinances Title 14, Chapter 2, Section 12 -2 -4 is hereby amended by adding the following new Subsection B: B. East -West Corridor Study area. The city manager shall not issue any permit for any new construction or substantial enlargement, Book 142 Special Session, February 21, 2012 77 alteration, repair or remodeling of any structure, building, or sign in the East -West Corridor Study Area as shown on the map on file in the office of the city clerk, but not to include demolition or emergency repairs, without the approval of the city council, from the effective date hereof to August 20, 2012, except where a vested right to the issuance of such permit accrued prior to the effective date hereof. Section 2. This Ordinance shall take effect upon publication. Passed, approved and adopted this 20th day of February, 2012. /s /Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Published officiallx, in the Telegraph Herald Newspaper the 24 day of February, 2012. /s /Kevin S. Firnstahl, City Clerk COUNCIL MEMBER REPORTS Resnick inquired about the invocation process being restored. City Attorney Lindahl stated that there is no Code requirement for the inclusion of invocation on the Council agenda and that the decision is up to the City Council. CLOSED SESSION Motion by Jones to enter into closed session at 7:53 p.m. to discuss pending litigation and property acquisition pursuant to Chapter 21.5(1)(c)(j) Code of Iowa. Seconded by Resnick. Motion carried 7 -0. Motion by Jones to reconvene in open session at 8:37 p.m. Seconded by Braig. Motion carried 7 -0. There being no further business, upon motion the City Council adjourned at 8:38 p.m. /s/Kevin S. Firnstahl City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS SPECIAL SESSION Council met in special session at 6:30 p.m. on February 21, 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 Mayor Buol read the call and stated that this is a special session of the City Council called for the purpose of discussing various City departmental Fiscal Year 2013 budgets. Departmental Budget Review Fiscal Year 2013 Departmental Budgets were presented by staff from the following City departments: • Airport: Robert Grierson, Airport Manager • Five Flags Civic Center — Marie Ware, Leisure Services Manager • Conference Center (Grand River Center) — Marie Ware, Leisure Services Manager • Recreation Division — Pat Prevenas, Recreation Manager and Marie Ware, Leisure Services Manager • Parks Division — Marie Ware, Leisure Services Manager City Council had discussion with staff following each presentation. City Manager Van Milligen clarified the agreement and use of hotel /motel tax for the operation of the Grand River Center. Following the Recreation Division presentation, Hills and Dales Director Marilyn Altoff spoke in support of continued funding of the Hills and Dales Senior Center citing that seniors are the fastest growing population. There being no further business, upon motion the City Council adjourned at 8:43 p.m. /s/Kevin S. Firnstahl City Clerk 78 Special Session, February 23, 2012 Book 142 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS SPECIAL SESSION Council met in special session at 6:30 p.m. on February 23, 2012 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Pro -Tem Jones, Council Members Braig, Connors, Lynch, Resnick, Sutton; City Manager Van Milligen Absent: Mayor Buol Mayor Pro -Tem Jones read the call and stated that this is a special session of the City Council called for the purpose of discussing various City departmental Fiscal Year 2013 budgets. Departmental Budget Review Fiscal Year 2013 Departmental Budgets were presented by staff from the following City departments: • Water Department — Bob Green, Water Plant Manager • Water & Resource Recovery Center: Jonathon Brown, W &RRC Manager • Public Works: Don Vogt, Public Works Director • Transit Division: Barbara Morck, Transit Manager City Council had discussion with staff fol- lowing each presentation. Carla Heathcote, 2529 Stafford Street, inquired as to why there are budget increases tied to wages, when are incremental increases in utility fees prompted by such projects as the W &RRC renovation projected to decrease, and if the City has looked at longer -term loan financing as a way to prevent fee increases. Ms. Heathcote also asked for clarification on the nine percent re- fuse fee increase. City Manager Van Milligen stated that projected utility fee increases are anticipated to decrease after project debts are retired. He added that employee wages (bar- gaining and non - bargaining) were frozen in the last fiscal year and the recommended 2.5 per- cent increase is a result of union collective bargaining. Resource Management Supervisor Paul Schultz provided information on the re- fuse increase being tied to future vehicle pur- chases for the department. Sustainability Co- ordinator Cori Burbach stated that the request for a new sustainability position to be blended with Public Works and is expected to earn revenue for the City. There being no further business, upon mo- tion the City Council adjourned at 9:17 p.m. /s/Kevin S. Firnstahl City Clerk Book 142 Special Session, February 27, 2012 79 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS SPECIAL SESSION Council met in special session at 6:30 p.m. on February 27, 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 Mayor Buol read the call and stated that this is a special session of the City Council called for the purpose of discussing various City departmental Fiscal Year 2013 budgets. Departmental Budget Review Fiscal Year 2013 Purchase of Services budget requests were addressed by repre- sentatives from the following community agen- cies: Purchase of Services: • America's River Corporation —Keith Ra- he, Convention and Visitors Bureau Ex- ecutive Director and America's River Corporation Board Member • Dubuque Art Center —Jordan DeGree, President • Four Mounds: Heart Program — Chris Ol- son, Executive Director • Helping Services of Northeast Iowa — Claire Jones, Director of Prevention • Opening Doors — Michelle Brown, Execu- tive Director • Operation: New View Community Action Agency — Tom Stovall, Executive Direc- tor • Project Concern (Information and Refer- ral, Foster Grandparents, and Child Care and Referral) — Nancy Lewis, Executive Director • Retired and Senior Volunteer Program — Amy Shower, Director • Substance Abuse Services Center Tom Oberhoffer, President of the Washing- ton Neighborhood Tool Library, spoke in sup- port of continued funding of the tool lending library citing other funding cuts and the ad- verse impact on services. Ann Michalski, Community Development Advisory Commis- sion Members, informed Council that the Commission is on target for transitioning cer- tain Purchase of Services funding requests through the Commission as requested by the Council. Fiscal Year 2013 City departmental budgets were presented by staff from the following de- partments: • Planning Services —Laura Carstens, Planning Services Manager • Library — Susan Henricks, Library Direc- tor • Finance Department — Ken TeKippe, Fi- nance Director • Information Services — Chris Kohlmann, Information Services Manager • Human Rights —Kelly Larson, Human Rights Director City Council had discussion with staff fol- lowing each presentation. There being no further business, upon mo- tion the City Council adjourned at 9:40 p.m. /s/Kevin S. Firnstahl City Clerk 80 Special Session, February 29, 2012 Book 142 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 6:30 p.m. on February 29, 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 (left at 6:43 p.m.) Mayor Buol read the call and stated this is a special session of the City Council to act upon such matters that may properly come before the City Council. ACTION ITEM State Revolving Fund — 28E Agreement for Secondary Funding: City Manager recom- mending adoption of a resolution authorizing the Mayor to execute the attached 28E agreement with the Dubuque Soil & Water Conservation District for the purpose of im- plementing water resource restoration pro- jects. Motion by Jones to receive and file the documents and adopt Resolution No. 59 -12 Authorizing the execution of a 28E Agreement with the Dubuque Soil and Water Conservation District regarding the implementation of water resource restoration projects. Seconded by Braig. Motion carried 7 -0. RESOLUTION NO. 59 -12 AUTHORIZING THE EXECUTION OF A 28E AGREEMENT WITH THE DUBUQUE SOIL AND WATER CONSERVATION DISTRICT REGARDING THE IMPLEMENTATION OF WATER RESOURCE RESTORATION PRO- JECTS Whereas, Iowa Code section 384.82 au- thorizes a city to carry out projects, borrow money, and issue revenue bonds and pledge orders to pay all or part of the cost of projects, which may include a qualified water resource restoration project, such revenue bonds and pledge orders to be payable solely and only out of the net revenues of the city utility, com- bined utility system, city enterprise, or com- bined city enterprise involved in the project; and Whereas, Iowa Code section 384.80(15) provides that a water resource restoration pro- ject means the acquisition of real property or improvements or other activity or undertaking that will assist in improving the quality of the water in the watershed where a city water or wastewater utility is located; and Whereas, Iowa Code section 384.84 pro- vides that the governing body of a city water or wastewater utility may enter into an agreement with a qualified entity to use proceeds from revenue bonds for a water resource restoration project if the rate imposed is no greater than if there was not a water resource restoration project agreement; and Whereas, City and District are qualified en- tities to enter into the attached Agreement pursuant to Iowa Code chapter 28E to under- take water resource restoration project that have been approved for water quality im- provements in the watershed where City's water or wastewater utility is located; and Whereas, the City Council has determined that it is in the best interests of the City of Dubuque to enter into the Agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Agreement is hereby ap- proved. Section 2. The Mayor is hereby authorized and directed to sign the Agreement on behalf of the City of Dubuque. Passed, approved, and adopted this 29th day of February, 2012. Roy D. Buol, Mayor Attest: Firnstahl, City Clerk PUBLIC HEARING Upon motion the rules were suspended al- lowing anyone present to address the City Council. Fiscal Year 2013 Community Development Block Grant; Annual Action Plan: Community Development Specialist Aggie Tauke provided a slide presentation on the purpose, programs and funding of the Community Development Block Grant Annual Action Plan. Upon motion the rules were reinstated lim- ited discussion to the City Council. FISCAL YEAR 2013 DEPARTMENTAL BUDGETS Fiscal Year 2013 City departmental budg- ets were presented by staff from the following departments: Housing and Community Development Department: David Harris, Housing and Com- munity Development Director; Aggie Tauke, Community Development Specialist, and Kim Glaser, Lead Paint Assistant Book 142 Regular Session, March 5, 2012 81 Economic Development: Dave Heiar, Eco- nomic Development Director, and Aaron DeJong, Asst. Economic Development Direc- tor Parking Division: Tim Horsfield, Parking System Supervisor Engineering Department: Gus Psihoyos, City Engineer; Deron Muehring, Civil Engineer City Council had discussion with staff after each presentation. Following the Economic Development presentation, Loras Pape, owner of Art Pape Transfer, 1080 E. 12th Street, ex- pressed his frustration over increased taxes and fees that are adversely impacting many small, local businesses that have existed in the community for years including his own. Mr. Pape also expressed his opposition to using business incentives to attract new businesses when older, established businesses are strug- gling. Greater Dubuque Development Corpora- tion Rick Dickinson commended the Council and city staff and stated that many incentives also go into reinvestment of existing business- es. Following the Engineering presentation, Karla Heathcote, 2529 Stafford Street, ex- pressed her concern over the feasibility of the Bee Branch Creek Restoration Project and its budget, stormwater utility fee increases, and city indebtedness. John O'Connor, 1070 Ar- rowhead Drive, speaking on behalf of Gay Holdiman of 1094 Arrowhead Drive, asked the Council to address within the budget a storm - water drain issue below Ms. Holdiman's prop- erty that collects storm water for 15 -19 acres and is causing her repeated flooding problems and property damage. There being no further business, upon mo- tion the City Council adjourned at 10:11 p.m. /s/Kevin S. Firnstahl City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on March 5, 2012 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut- ton; City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the Council. PLEDGE OF ALLEGIANCE MOMENT OF SILENCE CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Resnick. Motion carried 7 -0. Minutes and Reports Submitted: Airport Commission of 11/14/11; City Council Pro- ceedings of 2/16, 2/20, 2/21, 2/23, and 2/27; Community Development Advisory Commis- sion of 2/15; Library Board of Trustees of 1/26 and 2/9; Long Range Planning Advisory Commission of 2/15; Sister City Relationships Advisory Commission of 2/8; Transit Advisory Board of 2/9 Library Board of Trustees Update from Meeting of 1/26/12 Proof of Publication for City Council Pro- ceedings of 2/6, 2/9, and 2/16; and List of Claims and Summary of Revenues for Month Ended 1/31/12 Upon motion the documents were received and filed. Notice of Claims and Suits: Gerald Hingtgen on behalf of Judy Hingtgen for per- sonal injury. Upon motion the documents were received, filed and referred to the City Attor- ney. Disposition of Claims: City Attorney advis- ing that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Gary Jameson for property damage, Duane Koppes for vehicle damage, Thomas 82 Regular Session, March 5, 2012 Book 142 Ruff for property damage, and Stephen Schreiner for vehicle damage. Upon motion the documents were received, filed and con- curred. Code of Ordinances - Adoption of Supple- ment No. 7: City Clerk recommending adoption of Supplement No. 7 to the City of Dubuque Code of Ordinances. Upon motion the docu- ments were received and filed and Resolution No. 60 -12 Adopting Supplement No. 7 to the Code of Ordinances of the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 60 -12 ADOPTING SUPPLEMENT NO. 7 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance No. 43 -09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entirety; and Whereas, since August 17, 2009 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances; and Whereas, Section 380.8 of the Code of Io- wa provides that supplements, by resolution, become part of the Code of Ordinances. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 7 of the Code of Ordinances of the City of Dubuque, Iowa, covering Ordinance Nos. 55 -10, 49 -11, 51 -11 and 56- 11passed by Council and enact- ed through December 19, 2011, prepared by the Sterling Codifiers, Inc., and filed in the Of- fice of the City Clerk of the City of Dubuque, Iowa is hereby adopted and becomes part of the Code of Ordinances of the City of Dubu- que, Iowa. Passed, approved and adopted this 5th day of March, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Annual CLG Report to State Historic Preservation Office: City Manager recom- mending authorization for the Mayor to sign the 2011 Certified Local Government Annual Report for submittal to the State Historical So- ciety of Iowa. Upon motion the documents were received, filed, and approved. Roshek Building Featured in National Park Service Brochure: City Manager transmitting the National Park Service's Federal Tax Incen- tives for Rehabilitating Historic Buildings An- nual Report for Fiscal Year 2011 featuring the Roshek Building. Upon motion the document was received and filed. Grand River Center Exhibit Hall Carpet Replacement Project Acceptance: City Man- ager recommending acceptance of the Grand River Center Exhibit Hall Carpet Replacement Project as completed by Floor Show Compa- nies in the final contract amount of $83,462. Upon motion the documents were received and filed and Resolution No. 61 -12 Accepting the Grand River Center Exhibit Hall Carpet Replacement Project and authorizing the pay- ment of the contract amount to the contractor was adopted. RESOLUTION NO. 61 -12 ACCEPTING THE GRAND RIVER CENTER EXHIBIT HALL CARPET REPLACEMENT PROJECT AND AUTHORIZING THE PAY- MENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Grand River Center Exhibit Hall Carpet Replacement Project (the Project) has been completed and the City Engineer has exam- ined 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 Grand River Center Exhibit Hall Carpet Re- placement Project appropriation for the con- tract amount of $83,462 less any retained per- centage provided for therein as provided in Iowa Code chapter 573, and to pay such re- tainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 5th day of March, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Mines of Spain Land & Water Conservation Fund Grant Application: City Manager recom- mending approval of the 2012 Land & Water Conservation Fund grant application in the amount of $175,000 to the Iowa Department of Natural Resources for acquisition and devel- opment of the Bottoms property, a planned expansion of the Mines of Spain State Park. Upon motion the documents were received and filed and Resolution No. 62 -12 Authorizing LWCF Grant application to the Iowa Depart- Book 142 Regular Session, March 5, 2012 83 ment of Natural Resources for acquisition and development of the E.B. Lyons Interpretive Area addition was adopted. RESOLUTION NO. 62 -12 AUTHORIZING LWCF GRANT APPLICA- TION TO IOWA DEPARTMENT OF NATU- RAL RESOURCES FOR ACQUISITION AND DEVELOPMENT OF THE E.B. LYONS IN- TERPRETIVE AREA ADDITION Whereas, the Iowa Department of Natural Resources has allocated grant funds in the LWCF (Land & Water Conservation Fund) Program for the acquisition and development of recreational areas; and Whereas, the City of Dubuque has adopted the 2008 Comprehensive Plan which includes objectives for land acquisition for E.B. Lyons Interpretive Center and Mines of Spain, protec- tion of scenic and cultural resources, and de- velopment of additional recreational areas NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor hereby is authorized to sign and the Planning Services Manager is hereby authorized to submit an application to the Iowa Department of Natural Resources for a LWCF grant for land acquisition and devel- opment of the E.B. Lyons Interpretive Area Addition. Section 2. That in the event said applica- tion is approved, the City Council hereby pro- vides its written assurance that the completed project will be adequately maintained for its intended use in accordance with state re- quirements. Passed, approved and adopted this 5th day of March, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Golf Professional Position: City Manager recommending approval to create a Golf Pro- fessional part-time salaried employee within the Recreation Division budget to comply with audit recommendations eliminating the con- tract position. Upon motion the documents were received, filed, and approved. Dubuque Jaycees - Veterans' Memorial Park Lease: City Manager recommending ap- proval of a one -year agreement with the Dubuque Jaycees to operate a community garden at Veterans' Memorial Park. Upon mo- tion the documents were received, filed, and approved. Final Plat - Wingate Place No. 5: City Manager recommending approval of the Final Plat of Wingate Place No. 5. Upon motion the documents were received and filed and Reso- lution No. 63 -12 Authorizing Approving the Final Plat of Wingate Place No. 5 in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 63 -12 AUTHORIZING APPROVING FINAL PLAT OF WINGATE PLACE NO. 5 IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a final plat of Wingate Place No. 5 in the City of Dubuque, Iowa; and Whereas, upon said final plat appears a street to be known as Eastgate Court (Lot A) together with certain public utility, storm sewer and water main easements, which the owner by said final plat has dedicated to the public forever; and Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said final plat has been reviewed by the City Planner and had her approval en- dorsed thereon; subject to the owner's agree- ing to the conditions noted in Section 2 below; and Whereas, said final plat has been exam- ined by the City Council and they find that it conforms to the statutes and ordinances relat- ing to it, except that streets and public utilities have not yet been completely constructed or installed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Eastgate Court (Lot A) and the easements for public utilities, storm sewer and water mains, as they appear on said final plat, be and the same are hereby accepted; and Section 2. That the Final Plat of Wingate Place No. 5 is hereby approved and the Mayor and City Clerk are hereby authorized and di- rected to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute their written acceptance hereto at- tached agreeing: (a) To reduce Eastgate Court (Lot A) to grade and to construct concrete curb and gut- ter and pave with Hot Mix Asphaltic Concrete, or Portland Cement Concrete with integral curb, all in accordance with the City of Dubu- que standard specifications, all in a manner acceptable to the City Engineer, in conform- ance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. (b) To install sanitary sewer mains and sewer service laterals into each individual lot, water mains and water service laterals into each individual lot, storm sewers and catch basins, street lighting, longitudinal sub - drains, and erosion control devices, all in accordance with the City of Dubuque standard specifica- 84 Regular Session, March 5, 2012 Book 142 tions, all in a manner acceptable to the City Engineer, and in accordance with construction improvement plans approved by the City Engi- neer, and inspected by the City Engineer. (c) To construct said improvements, prior to the two (2) years from the date of ac- ceptance of this resolution, at the sole ex- pense of the owners, or future owner. (d) To maintain the public improvements, for a period of two (2) years from the date of the acceptance of those improvements by the City Council of the City of Dubuque, Iowa, at the sole final expense of the owners, or future owner; And, further provided that said GNZ Prop- erties, Inc., L. Wingate Properties, LLC, D. Wingate Real Estate, LLC, as owners of said property, shall secure the performance of the foregoing conditions provided in this Section by providing guarantees in such form and with such sureties as may be acceptable to the City Manager of the City of Dubuque, Iowa. Section 3. Sidewalk installation shall be the responsibility of the owner abutting the public rights -of -way, including lots with multiple frontages, as required by City Code 10 -1 -2 (Sidewalk Installation and Repair). Section 4. The owner must continue to own and maintain Lot B of Wingate Place No. 3 and stormwater detention facility until (1) the facility has been fully completed, (2) 80% of the plat- ted lots on Wingate Place, Wingate Place No. 2, Wingate Place No. 3, Wingate Place No. 4, Wingate Place No. 5 and subdivisions thereof have been fully developed, and (3) adequate erosion control measures, as approved by the City have been installed on the remaining 20% of the lots. Acceptance of said Lot B and the detention facility must be by the City Council as required by the Unified Development Code. Upon the City's acceptance of the detention facility, the inspection, administrative and maintenance expenses incurred by the City of Dubuque for the storm water detention facility (Lot B of Wingate Place No. 3) shall be as- sessed against the lot owners of all phases of Wingate Place as indicated above and on the preliminary plat, in proportion to the acreage of each lot, and the City Manager shall certify such costs to the City Clerk, who in turn shall promptly certify such costs to the Dubuque County Treasurer, and such costs shall then be collected with and in the same manner as general property taxes in accordance with pro- visions of law. Section 5. That the final acceptance of the public improvements shall occur upon certifica- tion of the City Engineer to the City Council that the public improvements have been com- pleted in accordance with the approved im- provement plans and City standards and spec- ifications and accepted by City Council Reso- lution. Section 6. That in the event GNZ Proper- ties, Inc., L. Wingate Properties, LLC, D. Win- gate Real Estate, LLC, fail to execute the ac- ceptance and furnish the guarantees provided in Section 2 hereof within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopted this 5th day of March, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Comprehensive Traffic Analysis - 9th Street & 11th Street One -Way to Two -Way Conver- sion: City Manager recommending that a work session be set for April 2, 2012, at 5:30 p.m. to discuss the preliminary findings of the 9th Street and 11th Street one -way to two -way conversion study and the analysis of existing traffic signal timings in the Downtown Central Business District. Upon motion the documents were received, filed, and approved. Dubuque Metropolitan Area Solid Waste Agency: Correspondence from the Dubuque Metropolitan Area Solid Waste Agency (DMASWA) transmitting the Agency's Fiscal Year 2013 budget and fee schedule as ap- proved by the DMASWA Board of Directors. Upon motion the documents were received and filed. Healthy Homes and Lead Hazard Control: Correspondence from the U.S. Department of Housing and Urban Development informing the City that its Healthy Homes and Lead Hazard Control Grant Program has received a Green Designation and that the program's overall performance is outstanding. Upon mo- tion the documents were received and filed. Dubuque Drug Task Force Civilian Staff: City Manager recommending that the City con- tribute 50 percent of the wages and benefits for the Grant Coordinator position in the Dubu- que Drug Task Force for Fiscal Year 2013 and Dubuque County would pay the remaining 50 percent. Upon motion the documents were received, filed, and approved. Request for Proposals - Alarm Panel Moni- toring: City Manager recommending issuance of a Request for Proposals for providing alarm monitoring equipment at the Dubuque Com- munications Center. Upon motion the docu- ments were received, filed, and approved. Book 142 Regular Session, March 5, 2012 85 Revisions to Park Pavilion Rental Fees: City Manager recommending approval of the changes to park pavilion rentals for the 2012 season as recommended by the Park and Recreation Commission. Upon motion the documents were received, filed, and approved. Mines of Spain Master Plan Update - Bot- toms Property: City Manager transmitting an update on the Mines of Spain master plan pro- cess being undertaken by the Iowa Depart- ment of Natural Resources for the Bottoms property, a planned expansion of the state park and requesting that the City Council pro- vide any comments or reactions to the draft master plan concept(s) and survey results. Upon motion the documents were received and filed. Improvement Contracts / Performance, Payment and Maintenance Bonds: Purina Drive Weigh Scale House Building Project. Upon motion the document was received and filed. Tobacco Compliance - Civil Penalty for Tobacco License Holders: City Manager rec- ommending approval of the Tobacco Compli- ance Settlement Agreement for a first offense with Kohinoor Grocers, 1198 White Street. Upon motion the documents were received, filed, and approved. Tobacco Compliance - Civil Penalty for Tobacco License Holders: City Manager rec- ommending approval of the Tobacco Compli- ance Settlement Agreement for a second of- fense with Kohinoor Grocers, 1198 White Street. Upon motion the documents were re- ceived, filed, and approved. Alcohol License Applications: City Manager recommending approval of annual liquor, beer, and wine licenses as submitted. Upon motion the documents were received and filed and Resolution No. 64 -12 Applications for beer, liquor, and /or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Busi- ness and License Regulations, Chapter 2 Liq- uor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 64 -12 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND /OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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 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 bonds and otherwise complied with the re- quirements 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 author- ized and directed to cause to be issued the following named applicants and permit types. Bunker Hill Golf Course, 2200 Bunker Hill Rd., Class C Liquor (Sunday)Outdoor Service Full Throttle, 1902 Central Ave., Class C Liquor (Sunday) Hy -Vee #3, 400 Locust St., Class E Liquor (Sunday) Class B Wine (Carryout Wine) Class C Beer (Carryout Beer) Hy -Vee Gas #3, 300 Locust St., Class C Beer (Sunday) Class B Native Wine Permit Mystique Casino, 1855 Greyhound Park Dr., Class C Liquor (Sunday) Catering Privi- lege Outdoor Service Noonan's Tap, 1618 Central Ave., Class C Liquor (Sunday) Passed, approved and adopted this 5th day of March, 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 pub- lic hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Connors. Motion carried 7 -0. Hunter Equity - Development Agreement: City Manager requesting that a public hearing be set for March 19, 2012, on the disposition of approximately 12.4 acres in the Dubuque Industrial Center West to Hunter Equity, LLC for construction of an 80,000 sq. ft. distribution center for Fed -Ex. Upon motion the documents were received and filed and Resolution No. 65- 12 Resolution of Intent to dispose of an inter- est in City of Dubuque real estate and fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the proposed and the execution of a development agree- ment relating thereto with Hunter Equity, LLC and providing for the publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 19, 2012 in the Historic Federal Build- ing. 86 Regular Session, March 5, 2012 Book 142 RESOLUTION NO. 65 -12 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE AND FIXING THE DATE FOR A PUBLIC HEAR- ING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE PROPOSED AND THE EXECUTION OF A DEVELOP- MENT AGREEMENT RELATING THERETO WITH HUNTER EQUITY, LLC AND PROVID- ING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property (the Property); Lot 1 of Dubuque Industrial Center North Second Addition in the City of Dubuque, Iowa.; and Whereas, City and Hunter Equity, LLC have entered into a Development Agreement, subject to the approval of the City Council, a copy of which is now on file at the Office of the City Clerk, City Hall, 13th and Central Avenue, Dubuque, Iowa, pursuant to which City will convey the Property to Hunter Equity, LLC as shown on Exhibit A attached hereto; and Whereas, the City Council has tentatively determined that it would be in the best inter- ests of the City to approve the Development Agreement, including the conveyance of the Property to Hunter Equity, LLC; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the foregoing - described Property by Deed to Hunter Equity, LLC. Section 2. The City Clerk is hereby author- ized and directed to cause this Resolution 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 real property, to be held on the 19h day of March, 2012, at 6:30 o'clock p.m. at the Historic Federal Building, Council Chambers, 350 W. 6th Street, Dubuque, Iowa. Passed, approved and adopted this 5th day of March, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Voluntary Annexation- 10924 Key West Drive: City Manager recommending that a pub- lic hearing be set for March 19, 2012 on the annexation request by Catherine C. Chris- topherson for 10924 Key West Drive. Upon motion the documents were received and filed and Resolution No. 66 -12 Approving applica- tion for voluntary annexation of territory to the City of Dubuque, Iowa, was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 19, 2012 in the Historic Federal Building. RESOLUTION NO. 66 -12 APPROVING APPLICATION FOR VOLUN- TARY ANNEXATION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA Whereas, Catherine C. Christopherson, the property owner, has submitted a written appli- cation for voluntary annexation of approxi- mately 0.19 acre of land at 10924 Key West Drive to the City of Dubuque, Iowa; and Whereas, the annexation territory is not subject to an existing annexation moratorium agreement; and Whereas, the annexation territory does not include any railroad property; and Whereas, Iowa Code section 368.7 author- izes the extension of City limits in situations of this character by adoption of a resolution after notification and public hearing; and Whereas, this annexation is consistent with the Comprehensive Plan of the City of Dubu- que; and Whereas, the City of Dubuque has the ca- pacity to provide substantial municipal services to the annexation territory; and Whereas, the annexation is in the public in- terest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the application of Catherine C. Christopherson, the property owner, for voluntary annexation of approximately 0.19 acre of land at 10924 Key West Drive lying outside of the corporate limits of the City of Dubuque, Iowa, as shown on Exhibit A and legally described as Lot 2 -2 -2 Mineral Lot 479, Section 12, Township 88N, Range 2E of the 5th P.M., Dubuque County, Iowa, is hereby approved for annexation to the City of Dubu- que, Iowa. Section 2. That the abutting Dubuque County public right -of -way will be annexed to the centerline of Key West Drive concurrent with the annexation of the subject property in accordance with the provisions of Chapter 368 of the Iowa Code. Section 3. That the abutting State of Iowa public right -of -way for U.S. Highway 61/151 will be annexed concurrent with the annexation of the subject property in accordance with the provisions of Chapter 368 of the Iowa Code. Section 4. That, subject to the approval of the Secretary of State, the corporate limits of the City of Dubuque, Iowa, be and they hereby are extended to include the approximately 0.19 acre of annexation territory as shown on Ex- hibit A. Section 5. That the City Council of Dubu- que, Iowa, does hereby certify that the City of Dubuque has complied with the notice and Book 142 Regular Session, March 5, 2012 87 hearing requirements of the Iowa Code per- taining to voluntary annexation of territory out- side an urbanized area of another city. Section 6. That if Secretary of State ap- proves this annexation, the territory hereby annexed shall become a part of Precinct One of Ward One of the City of Dubuque, Iowa. Section 7. That the City Clerk shall file this resolution, all exhibits and the applications for voluntary annexation with the State of Iowa in accordance with the provisions of Chapter 368 of the Iowa Code. Passed, approved and adopted this 5th day of March, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS /COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions; applicant ap- pointments will be made at the next City Council meeting. Civil Service Commission (Mayor appoint- ment). One three -year term through April 6, 2015 (Expiring term of Takes). Applicant: Betty Takes 1245 Dunleith Court. Proof of publica- tion on 30 -day notice of list of applicants. Ms. Takes spoke in support of her appointment. Appointments to the following commis- sions: Cable TV Commission (New Commission). Seven three -year staggered terms consisting of three terms through July 1, 2014; and four terms through July 1, 2015. Applicants: George Herrig, 2395 W. 32nd Street; Sr. Carol Hoverman, 1555 White Street; Pauline Malo- ney, 506 St. George Street; Kevin Stevens, 2016 Golden Eagle Drive; Jennifer Tigges, 4927 Wild Flower Drive; Alan Vincent, 1010 Dunham Drive. Upon roll call vote George Her - rig, Sr. Carol Hoverman, Jennifer Tigges, and Alan Vincent were appointed to three -year terms through July 15, 2015. (All Council Members voting for Tigges and Stevens; Lynch, Resnick, Sutton, Braig, Buol, and Con- nors voting for Herrig; and Resnick, Braig, Buol and Connors voting for Hoverman) Motion by Braig to appoint Pauline Malo- ney and Kevin Stevens to three -year terms through July 15, 2014. Seconded by Jones. Motion carried 7 -0. Mechanical Board: Two three -year terms through March 16, 2012 (Expiring terms of Grothe and Valaskey). Applicants: David Grothe, 2544 Elm Street; and Corey Valaskey, 1385 Alta Vista Street. Motion by Braig to ap- point David Grothe and Corey Valaskey to three -year terms through March 16, 2015. Se- conded by Lynch. Motion carried 7 -0. PUBLIC HEARINGS Request to Amend Planned Unit Develop- ment - Asbury Plaza (Tabled from January 17, 2012): Proof of publication on notice of public hearing to consider a request by O'Connor & Thomas, P.C., Asbury Dubuque, LC, and Richardson Investments, LLC to amend the Asbury Plaza Planned Unit Development to allow for a right -in /right -out access to the Northwest Arterial and to amend the list of permitted uses, height and sign regulations and the Zoning Advisory Commission recom- mending approval. Correspondence from Peter Arling, O'Con- nor & Thomas Law Firm, requesting that the request be tabled to the April 16, 2012 City Council meeting. Correspondence from Tri -State Trail Vi- sion, requesting the City Council deny the re- quest. City Manager recommending additional amendments to the Asbury Plaza Planned Unit Development. Motion by Connors to remove from the ta- ble. Seconded by Braig. Motion carried 7 -0. Motion by Connors to receive and file the documents and table to April 16, 2012. Se- conded by Jones. Motion carried 7 -0. Upon motion the rules were suspended al- lowing anyone present to address the City Council. Flint Hills Resources Pine Bend, LLC - Lease Agreement Proof of publication on no- tice of public hearing to consider approval of a riverfront lease agreement between the City of Dubuque, Iowa, and Flint Hills Resources Pine Bend, LLC and the City Manager recommend- ing approval. Motion by Jones to receive and file the documents and adopt Resolution No. 67 -12 Approving the disposal of an interest in real property owned by the City of Dubuque by lease between the City of Dubuque, Iowa and Flint Hills Resources Pine Bend, LLC. Se- conded by Braig. Motion carried 7 -0. RESOLUTION NO. 67 -12 APPROVING THE DISPOSAL OF AN IN- TEREST IN REAL PROPERTY OWNED BY THE CITY OF DUBUQUE BY LEASE BE- TWEEN THE CITY OF DUBUQUE, IOWA AND FLINT HILLS RESOURCES PINE BEND, LLC Whereas, the City of Dubuque, Iowa (City) is the owner of the real property legally de- scribed as follows: A part of unplatted slough and Government Lot 3, Section 19, Township 89 North, Range 3 East, 5th Principle Meridian in the City of Dubuque, Dubuque County, Iowa as shown on the attached Exhibit B; and 88 Regular Session, March 5, 2012 Book 142 Whereas, Flint Hills Resources Pine Bend, LLC desires to lease a part of the property as shown on Exhibit B for industrial uses and other river related business activities upon the terms set forth in a Lease Agreement which is on file at the office of the City Clerk, City Hall, 13th and Central Avenue, Dubuque, Iowa; and Whereas, City and Flint Hills Resources Pine Bend, LLC have agreed to the Lease Agreement, which among other things, pro- vides for a term through March 31, 2024; and Whereas, on March 5, 2012, the City Council pursuant to notice published as re- quired by law held a public hearing on its intent to dispose of the foregoing interest in real property and overruled all objections thereto; Whereas, the City Council believes it is in the best interest of the City of Dubuque to ap- prove the Lease Agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Lease Agreement between the City and Flint Hills Resources Pine Bend, LLC is hereby approved and the City Manager is authorized to execute said Lease Agree- ment on behalf of the City of Dubuque Passed, approved and adopted this 5th day of March, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Vacating Petition - Portion of Innovation Drive: Proof of publication on notice of public hearing to consider a request by the City of Dubuque to vacate a portion of Innovation Drive, that the vacated portion (Lot 2 -B) be combined with City property to the east for final platting, and that easements for utilities be reserved over the entire vacated area and the City Manager recommending approval. Motion by Braig to receive and file the docu- ments and adopt Resolution No. 68 -12 Vacat- ing a portion of Innovation Drive in the City of Dubuque, Dubuque County, Iowa. Seconded by Connors. Motion carried 7 -0. RESOLUTION NO. 68 -12 VACATING A PORTION OF INNOVATION DRIVE IN THE CITY OF DUBUQUE, DUBU- QUE COUNTY, IOWA Whereas, City of Dubuque Economic De- velopment has requested the vacating of a portion of Innovation Drive; and Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 30th day of January, 2012, pre- pared by IIW, P.C., describing the proposed vacated portion of Innovation Drive to be known as Lot 2 -B of Dubuque Industrial Center North First Addition in the City of Dubuque, Dubuque County, Iowa; and Whereas, pursuant to resolution and pub- lished notice of time and place of hearing, pub- lished in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on this 24th day of February, 2012, the City Council of the City of Dubuque, Iowa met on the 5th day of March, 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 Innovation Drive to be known as Lot 2 -B of Dubuque Industrial Center North First Addition in the City of Dubuque, Dubuque County, Iowa, should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 2 -B of Dubuque Industrial Center North First Addition in the City of Dubuque, 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, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, fiber optics, gas, telephone, television cable, elec- tric lines and other utilities as may be author- ized by the City of Dubuque, Iowa, as shown on the Plat of Survey of Lot 2 -B of Dubuque Industrial Center North First Addition in the City of Dubuque, Dubuque County, Iowa. Passed, approved and adopted this 5th day of March, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated lim- iting discussion to the City Council. ACTION ITEMS Greater Dubuque Development Corpora- tion - What's NEXT? 2017 Campaign: Execu- tive Director Rick Dickinson provided a video and verbal presentation on Greater Dubuque Development Corporation's What's NEXT? 2017 Campaign. Motion by Lynch to receive and file the information. Seconded by Con- nors. Motion carried 7 -0. Book 142 Regular Session, March 5, 2012 89 Final Plat - Dubuque Industrial Center North Second Addition: City Manager recom- mending approval of the Final Plat of Dubuque Industrial Center North Second Addition and authorize the Mayor and City Clerk to sign on behalf of the City of Dubuque as owner and as platting authority. Motion by Braig to receive and file the documents and adopt Resolution No. 69 -12 Approving the Final Plat of Dubuque Industrial Center North Second Addition in the City of Dubuque, Iowa. Seconded by Jones. Motion carried 7 -0. RESOLUTION NO. 69 -12 APPROVING THE FINAL PLAT OF DUBU- QUE INDUSTRIAL CENTER NORTH SEC- OND ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Dubuque Industrial Center North Second Addition in the City of Dubuque; and Whereas, upon said Final Plat appears a street to be known as Innovation Drive (Lot A) which the owners by said Final Plat have dedi- cated to the public forever; and Whereas, upon said Final Plat appear ac- cess easements to be reserved for the City of Dubuque; and Whereas, said Final Plat has been re- viewed by the City Planner and had her ap- proval endorsed thereon; and Whereas, said Final Plat has been exam- ined by the City Council and they find that it conforms to the statutes and ordinances relat- ing to it. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Innova- tion Drive (Lot A) as it appears upon said Final Plat be and the same are hereby accepted; and Section 2. That the access easements for the City of Dubuque as they appear upon said Final Plat be and the same are hereby ap- proved; and Section 3. That the Final Plat of Dubuque Industrial Center North Second Addition is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa up- on said Final Plat. Section 4. Sidewalk installation shall be the responsibility of the owner of the property abutting the public right -of -way, as required by City Code 10 -1 -2. The responsibility shall ex- tend to all successors, heirs and assignees. Sidewalks shall be five (5) feet in width and installed one (1) foot from the property line. Section 5. That the final acceptance of all public improvements shall occur upon certifica- tion of the City Engineer to the City Council that all public improvements have been com- pleted in accordance with the improvement plans and City standard specifications. Passed, approved and adopted this 5th day of March, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Code of Ordinances - Vacant and Aban- doned Buildings Update: City Manager rec- ommending approval of an update to the Va- cant and Abandoned Buildings Ordinance to incorporate the use of the International Proper- ty Maintenance Code, and to update the defini- tions of abandoned buildings and vacant build- ings. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Connors. Motion carried 7 -0. Motion by Jones for final consideration and passage of Ordinance No. 20 -12 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 4 Licens- ing of Vacant and /or Abandoned Buildings, Section 1 Definitions and Section 1- Relation- ship of License to Other Codes by Incorporat- ing Use of the International Property Mainte- nance Code and Updating the Definitions of Abandoned and Vacant Buildings. Seconded by Braig. Motion carried 7 -0. OFFICIAL PUBLICATION ORDINANCE NO. 20 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 4 LICENSING OF VACANT AND /OR ABANDONED BUILD- INGS, SECTION 1 DEFINITIONS AND SEC- TION 10 RELATIONSHIP OF LICENSE TO OTHER CODES BY INCORPORATING USE OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE AND UPDATING THE DEFINITIONS OF ABANDONED AND VA- CANT BUILDINGS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14 -4 -1 of the City of Dubuque Code of Ordinances is amended to read as follows: 14 -4 -1: DEFINITIONS: For the purpose of this chapter, certain terms, phrases, words and their derivatives shall be construed as specified in either this chapter or as specified in the building code or the housing code. Where terms are not de- fined, they shall have their ordinary accepted meanings within the context in which they are used. Unless otherwise expressly stated or unless the context clearly indicates a different 90 Regular Session, March 5, 2012 Book 142 intent, the following terms shall, for the pur- pose of this chapter, have the following mean- ings: ABANDONED BUILDING: Any building or portion thereof which has stood with an in- complete exterior shell for six (6) months or longer which meets one or more of the follow- ing criteria: A. Is unsecured; B. Is unoccupied; or, C. Is noncompliant with the International Property Maintenance Code as adopted by the City. VACANT BUILDING: Any building or por- tion thereof which has been unoccupied for a continuous period of time over twelve (12) months and which meets one or more of the following criteria: A. Unsecured; B. Secured by means other than those used in the design of the building; C. Declared a "dangerous building" as de- fined in this section; D. Unfit for occupancy as determined by the city manager; E. Noncompliant with the International Property Maintenance Code; F. Has housing, building, fire, health or zoning code violations; G. Open to vagrants, vandals, children or the unwary; or, H. Not receiving service by public utilities. Section 2. Section 14 -4 -10 of the City of Dubuque Code of Ordinances is amended to read as follows: 14 -4 -10: RELATIONSHIP OF LICENSE TO OTHER CODES: The issuance of any license for any vacant or abandoned building shall not in any way signify or imply that the building conforms with the Iowa state building code or the housing, building, zoning, fire ordinances or other codes and ordinances adopted by the city. The issu- ance of a license shall not relieve the owner or operator of the responsibility for compliance with said applicable housing, building, zoning, fire or other applicable codes and ordinances. Section 3. This Ordinance takes effect up- on publication. Passed, approved and adopted the 5th day of March, 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 9th day of March 2012. /s /Kevin S. Firnstahl, City Clerk City of Dubuque Support for Commercial Property Tax Reform: City Manager submitting letters of support for commercial property tax reform to legislative representatives. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Resnick. Lynch stated that he will support this, but that it is hard on small business owners like himself, and he hopes for meaningful, eq- uitable compromise as the State Legislature works through this issue. Motion carried 7 -0. There being no further business, upon mo- tion the City Council adjourned at 7:16 p.m. /s/Kevin S. Firnstahl City Clerk Book 142 Special Session, March 7, 2012 91 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 6:30 p.m. on March 7, 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 special session of the City Council to act upon such matters that may properly come before the City Council. PUBLIC HEARING Fiscal Year 2013 Recommended Budget Upon motion the rules were suspended al- lowing anyone present to address the City Council. Public Hearing on the City of Dubuque Fis- cal Year 2013 Recommended Budget: Proof of Publication on Notice of Public Hearing on the Fiscal Year 2013 Recommended Budget and Capital Improvement Program (July 1, 2012 through June 30, 2017) City Manager submitting a revised Fiscal Year 2013 Budget Recommendation. Correspondence from the Long Range Planning Advisory Commission recommending approval of the Fiscal Year 2013 -2017 Rec- ommended Capital Improvement Program as it is consistent with the 2008 Dubuque Compre- hensive Plan. Motion by Connors to receive and file the documents, adopt the resolutions and conduct the public hearing. Seconded by Jones. Public Input was then solicited on the fol- lowing City departmental budgets: 1. Health 2. Legal 3. City Manager 4. City Council 5. City Clerk 6. Cable 7. Emergency Communications 8. Emergency Management 9. Fire 10. Police 11. Building Services 12. Airport 13. Five Flags Center 14. Conference Center 15. Recreation Division 16. Parks Division 17. Water Department 18. Water & Resource Recovery Center 19. Public Works 20. Transit Division 21. Purchase of Services 22. Planning Services 23. Library 24. Finance Department 25. Information Services 26. Human Rights 27. Housing /Community Development 28. Economic Development 29. Parking Division 30. Engineering 31. Capital Improvement Program Evelyn Nadeau, 663 Fenelon Place, ad- dressed the Parks Division budget and ques- tioned the funding for development of Creekwood Park but not Usha Park. Ann Michalski, 1520 Altura Street, addressed the Transit Division budget by asking Council to monitor the transit budget issues at the state level so continued funding can be secured to maintain the recent success of the City's trans- it system. Upon motion the rules were reinstated lim- iting discussion to the City Council. The City Manager presented a slide presentation and information about the City of Dubuque Fiscal Year 2013 Recommended Budget. Motion to adopt Resolution No. 70 -12 Adopting the City of Dubuque Fiscal Year 2013 Annual Budget carried 6 -1 with Resnick voting nay Motion to adopt Resolution No. 71 -12 Adopting the City of Dubuque Five -Year Capi- tal Improvement Plan carried 7 -0. RESOLUTION NO. 70 -12 ADOPTING THE CITY OF DUBUQUE FIS- CAL YEAR 2013 ANNUAL BUDGET NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the annual budget for the fiscal year ending June 30, 2013, as set forth in the Adoption of Budget and Certification of Taxes and supporting state budget forms showing the revenue estimates and appropria- tion expenditures and allocations to programs and activities for said fiscal year, is adopted. Section 2. The City Clerk is directed to make the filings required by law. Passed, approved and adopted this 7th day 92 Special Session, March 7, 2012 Book 142 of March, 2012. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk RESOLUTION NO. 71 -12 ADOPTING THE CITY OF DUBUQUE FIVE YEAR CAPITAL IMPROVEMENT PROGRAM Whereas, a recommended five year Capi- tal Improvement Program for the period begin- ning July 1, 2012, and ending June 30, 2017, for the City of Dubuque has been prepared and submitted to the City Council; and Whereas, the five year Capital Improve- ment Program describes specific capital im- provement projects, provides estimated costs for those projects, proposes sources of funds for each of them, and schedules the year dur- ing which each project will be undertaken; and Whereas, the capital improvement projects for the first year are included in the Fiscal Year 2013 budget for the City of Dubuque; and Whereas, the five year Capital Improve- ment Program will be reconsidered annually by the City Council and appropriately revised; and Whereas, the adoption of the five year Capital Improvement Program is a prudent measure to provide continuity of programs and is in the best 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 five year Capital Im- provement Program for the period beginning July 1, 2012, set out in the Fiscal Year 2013- 2017 Recommended Capital Improvement Budget, is hereby approved and adopted as the proposed allocation of City resources for capital improvements as scheduled in the years shown, subject to annual review and revision. Passed, approved and adopted this 7th day of March, 2012. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk ACTION ITEMS Motion by Jones to receive and file the documents and adopt the resolutions. Se- conded by Braig. Motion carried 7 -0. Water Connection Fees (documentation) Water Pool Service Fees (documentation) New Development Services Fees: Resolu- tion No. 72 -12 Rescinding Resolution No. 73- 10, Establishing a Schedule of Development Services Fees, and Adopting in lieu thereof a New Schedule of Development Services Fees as provided in Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code RESOLUTION NO. 72 -12 RESCINDING RESOLUTION NO. 73 -10, ES- TABLISHING A SCHEDULE OF DEVELOP- MENT SERVICES FEES, AND ADOPTING IN LIEU THEREOF A NEW SCHEDULE OF DE- VELOPMENT SERVICES FEES AS PRO- VIDED IN TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE Whereas, the City Council of the city of Dubuque, Iowa establishes by resolution cer- tain fees for development services pursuant to the Unified Development Code, pursuant to the attached schedule of Development Ser- vices Fees. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Resolution No. 73 -10 and its Schedule of Fees is hereby rescinded. Section 2. That the attached Fee Schedule is hereby approved. Section 3. That the attached Fee Schedule shall take effect on July 1, 2012. Passed, approved and adopted this 7th day of Mach, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Fiscal Year 2013 (Program Year 2012) Community Development Block Grant (CDBG) Annual Action Plan: Resolution No. 73 -12 Adopting the Fiscal Year 2013 (Program Year 2012) Community Development Block Grant (CDBG) Annual Action Plan RESOLUTION NO. 73 -12 ADOPTING THE FISCAL YEAR 2013 (PRO- GRAM YEAR 2012) COMMUNITY DEVEL- OPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN Whereas, the City of Dubuque has, through a series of public meetings and hear- ings, finalized a Fiscal Year 2013 (Program Year 2012) Community Development Block Grant Annual Action Plan addressing both housing and non - housing needs in the com- munity; and Whereas, copies of the draft Fiscal Year 2013 (Program Year 2012) CDBG Annual Ac- tion Plan have been available for public com- ment 30 days prior to City Council action; and Whereas, the City's Community Develop- ment Advisory Commission has reviewed and recommended adoption of an Annual Action Plan following a public hearing; and Whereas, the City Council has held a pub- lic hearing on the proposed plan on February 29, 2012 following a 30 day public comment period and has approved the Fiscal Year 2013 Annual Action Plan. NOW, THEREFORE, BE IT RESOLVED Book 142 Special Session, March 7, 2012 93 BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Community Develop- ment Block Grant Fiscal Year 2013 (Program Year 2012) Annual Action Plan, attached here- to as Exhibit A and by this reference made a part hereof, is hereby adopted. Section 2. That the City Manager is hereby authorized and directed to prepare and submit to the United States Department of Housing and Urban Development the Fiscal Year 2013 (Program Year 2012) Annual Action Plan for the use of Community Development Block Grant funds based on this adopted budget and execute standard contracts and agreements. Passed, approved and adopted this 7th day of March 2012. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk Five -Year Street Construction Program - Fiscal Years 2013 -2017: Resolution No. 74 -12 Adopting the Five -Year Street Construction Program for Fiscal Years 2013 -2017. RESOLUTION NO. 74 -12 ADOPTING THE FIVE -YEAR STREET CON- STRUCTION PROGRAM FOR FISCAL YEARS 2013 - 2017 Whereas, a recommended Five -Year Street Construction Program for the Fiscal Year 2013 — 2017 beginning July 1, 2012 and ending June 30, 2017, for the City of Dubuque has been prepared and submitted to the City Council; and Whereas, the Five -Year Street Construc- tion Program: 1) describes specific capital im- provement projects; 2) provides estimated costs for those projects; 3) proposes sources of funding; and 4) schedules the fis- cal /calendar year during which each project will be undertaken; and Whereas, the capital improvement projects for the first year of such five -year program are included in the Fiscal Year 2013 budget; and Whereas, the adoption of the Five -Year Street Construction Program is a prudent measure to provide continuity of programs and is in the best 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 Five -Year Street Con- struction Program for Fiscal Years 2013 — 2017 beginning July 1, 2012, set out in the Fiscal Years 2013 — 2017 recommended Capi- tal Improvement Budget, is hereby approved and adopted as the proposed allocation of City resources for capital improvements as sched- uled in the years shown, subject to annual review and revision. Passed, adopted and approved this 7th day of March, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Motion car- ried 7 -0. Motion by Connors for final consideration and passage of Ordinances 21 -12 through 25- 12. Seconded by Braig. Motion carried 7 -0. Stormwater Management Utility Rate: Or- dinance No. 21 -12 Amending City of Dubuque Code of Ordinances Section 13 -4 -5 (D) SFU Rate, Charges; Utility Revenues OFFICIAL PUBLICATION ORDINANCE NO. 21 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 13-4-5 (D) SFU RATE, CHARGES; UTILITY REVENUES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That City of Dubuque Code of Ordinances Section 13 -4 -5 (D) is amended to read as follows: (d). The SFU rate to be applied to residen- tial and nonresidential properties shall be as follows: 1. For the period July 1, 2012 through June 30, 2013 the SFU rate shall be $7.00 per SFU; 2. For the period July 1, 2013 through June 30, 2014 the SFU rate shall be $7.50 per SFU; 3. For the period July 1, 2014 through June 30, 2015 the SFU rate shall be $8.00 per SFU. 4. For the period July 1, 2015 through June 30, 2016 the SFU rate shall be $8.50 per SFU. 5. For the period July 1, 2016 through June 30, 2033 the SFU rate shall be $9.00 per SFU. Passed, approved and adopted this 7th day of March, 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 14th day of March 2012. /s /Kevin S. Firnstahl, City Clerk Basic Wastewater Charges for Residential, Commercial and Minor Industrial Users: Ordi- nance No. 22 -12 Amending the City of Dubu- que Code of Ordinances Sections 13 -2C- 3(B) and 13- 2C- 3(C)(7) Establishing Basic Sewer Rates for Residential and Commercial Users by Increasing the Rates OFFICIAL PUBLICATION ORDINANCE NO. 22 -12 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTIONS 13 -2C 3(B) AND 13- 2C- 3(C)(7) ESTABLISHING BASIC 94 Special Session, March 7, 2012 Book 142 SEWER RATES FOR RESIDENTIAL AND COMMERCIAL USERS BY INCREASING THE RATES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 13- 2C -3(B) of the City of Dubuque Code of Ordinances is amended to read as follows: Section 13- 2C -3(B) Schedule of Rates: Rates per each one hundred (100) cubic feet: $3.42 Rate per each gallon: $ .00456 Section 2. Section 13- 2C- 3(C)(7) of the City of Dubuque Code of Ordinances is amended to read as follows: Where the quantity of water consumed is such that the minimum of service is charged, the minimum sewer service charge, according to the size of the meter, shall be as follows: Meter Minimum j Allowance i Allowance Size Charge I (cubic I (gallons) (inches) !! I feet) 5/8 4 $6.85 x__200__ I 1,496 3/4 I $17.08 I 500 I 3,740 1 or 1 $27.34 I 800 1 5,984 larger Section 3. This Ordinance shall take effect July 1, 2012. Passed, approved and adopted this 7th day of March, 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 14th day of March 2012. /s /Kevin S. Firnstahl, City Clerk Solid Waste Rate and Charges: Ordinance No. 23 -12 Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 6 Solid Waste, Article A City or Private Collec- tion Service, Section 13 -6A -6 Rates and Charges Established; Exceptions OFFICIAL PUBLICATION ORDINANCE NO. 23 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAPTER 6 SOLID WASTE, ARTICLE A CITY OR PRIVATE COLLECTION SERVICE, SECTION 13 -6A -6 RATES AND CHARGES ESTABLISHED; EXCEPTIONS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 13 -6A -6 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 13 -6A -6: RATES AND CHARGES ESTAB- LISHED; EXCEPTIONS: A. Class I Premises: Except as qualified below, a fee of eleven dollars and sixty -nine cents ($11.69) per dwelling unit per month shall be paid to the city by the property owner of each class I premises for such services. Said fee shall be in payment for collection and disposal of one 35- gallon can or one 35- gallon trash bag of "solid waste" as defined in this chapter. There is no limit on the number of bins allowed to be collected containing ac- ceptable "recyclable materials" as defined in this chapter. Exceptions to the collection charges for class I premises are as follows: 1. When a class I premises has been va- cant for a period not less than three (3) con- secutive months, the owner may apply to the city manager for a credit under procedures to be established by the city manager. Such credit shall continue only so long as the class I premises is vacant. 2. Class I premises when the head of the household is sixty five (65) years of age or older and has an annual income equal to or less than the income standards used by HUD for its "section 8 housing program" for one (1) and two (2) person households may, upon application to the city manager, be exempted from one -half (1/2) the established collection charge. After the initial application, annual application shall be made by the head of household on July 1 of each year to verify an- nual income and eligibility. 3. In cases of extreme financial hardship, the city manager may, and is hereby author- ized and empowered to, make adjustments in the monthly collection charges as the city manager may deem appropriate. In such cas- es, the city manager shall have the authority to require such proof of vacancy, financial status, age or extreme hardship, as the city manager may deem necessary. 4. Class I premises when a family house- hold of five (5) or more persons has an annual income equal to or less than the income standards used by HUD for its "section 8 hous- ing program" for the size of that household may, upon application to the city manager, be exempted from one -half (1/2) the established collection charge. After the initial application, annual application shall be made by the head of household on July 1 of each year to verify annual income and eligibility. B. Class II Premises: 1. A fee of eleven dollars and sixty -nine cents ($11.69) per month shall be paid to the city by the property owner of each class II premises for such services. Said fee shall be in payment for collection and disposal of one 35- gallon can or one 35- gallon trash bag of "solid waste" as defined. There is no limit on the number of bins allowed to be collected containing acceptable "recyclable materials" as defined. Book 142 Special Session, March 7, 2012 95 2. The owner of a class II premises served by the city solid waste collection may provide the city manager with not Tess than fourteen (14) days' written notice of intent to terminate the service. Such termination of service shall be effective at the beginning of the next billing period after such fourteen (14) day notice peri- od. C. Class III Premises: 1. A fee of eleven dollars and sixty -nine cents ($11.69) per month shall be paid to the city by the property owner of each class III premises for such services. Said fee shall be in payment for collection and disposal of one 35- gallon can or one 35- gallon trash bag of "solid waste as defined. There is no limit on the number of bins allowed to be collected containing acceptable 'recyclable materials" as defined. 2. The owner of a class III premises served by city solid waste collection may provide the city manager with not Tess than fourteen (14) days' written notice of intent to terminate the service. Such termination of service shall be effective at the beginning of the next billing period after such fourteen (14) day notice peri- od. D. Unit Based Pricing: Collection options and charges under unit based pricing for class I, 11 and III premises are as follows: 1. A yearly subscription for weekly collec- tion of an additional standard solid waste con- tainer, or containers, may be subscribed for an additional five dollars and sixty cents ($5.60) each per month. The subscription ends each year on June 30. A subscription may not be canceled before June 30. 2. A three (3) month subscription for week- ly collection of an additional standard solid waste container, or containers, may be sub- scribed for an additional five dollars and sixty cents ($5.60) each per month. The four (4) subscription periods are: a) July, August and September; b) October, November and De- cember; c) January, February and March; and d) April, May and June. A subscription may not be canceled. 3. Oversize, nonstandard rigid solid waste containers of up to fifty (50) gallons in capacity may be subscribed as the one container cov- ered under the base monthly solid waste fee for an additional two dollars and thirty cents ($2.30) per month. Such containers shall be holders for standard trash bags for manual removal by city crews, shall not contain any loose material, and shall not be lifted and dumped by crews. Individual trash bags held in the oversized container shall weigh no more than forty (40) pounds. 4. A yearly subscription for weekly collec- tion of an additional oversized solid waste con- tainer, or containers, may be subscribed for an additional eight dollars ($8.00) each per month. The subscription ends each year on June 30. A subscription may not be canceled before June 30. 5. A three (3) month subscription for week- ly collection of an additional oversize solid waste container, or containers, may be sub- scribed for an additional eight dollars ($8.00) each per month. The four (4) subscription pe- riods are: a) July, August and September; b) October, November and December; c) Janu- ary, February and March; and d) April, May and June. A subscription may not be canceled. 6. Solid waste carts, owned by the city for semi automated lifting, may be subscribed by owners and /or property managers of class 1, 11 and III premises. The customer shall choose the number and size of the cart. The fee for a sixty -five (65) gallon city cart shall be twenty - one dollars ($21.00) each per month. The fee for a ninety -five (95) gallon city cart shall be thirty dollars ($30.00) each per month. 7. Official city of Dubuque single use stick- ers costing one dollar and thirty cents ($1.30) shall be applied to each additional standard solid waste container or small bulky or bundled item in excess of the one standard solid waste container collected under the base monthly solid waste fee or any additional subscribed container(s). 8. Multiple - family dwellings of three (3), four (4), five (5), and six (6) dwelling units as well as class 11 or class III premises sharing a common set out location with other city solid waste customers shall only use approved rigid solid waste containers with permanent identifi- cation as to the specific premises. However, for the two (2) weeks following Christmas, ex- cess solid waste may be set out in trash bags with applied city of Dubuque single use stick- ers. 9. In alleys where solid waste carts, owned by the city for semi automated lifting, are re- quired to be subscribed by owners, tenants and /or property managers of class 1, 11, and III premises where the approved set out location is in an alley. The customer shall choose the number and size of the cart(s). Such carts shall be subscribed according to a fee sched- ule and program requirements as approved by the city manager. E. Special Collection: The charge for a special collection service for large and bulky rubbish to each dwelling unit receiving such service when requested by the owner shall be as follows: 1. A fee of eight dollars ($8.00) shall be paid by the owner for each time the service is provided for up to the equivalent of three (3) cubic yards of solid waste. 2. An additional fee of eight dollars ($8.00) shall be paid for each additional three (3) cubic yards of solid waste. 3. An additional fee for tires, equal to the 96 Special Session, March 7, 2012 Book 142 disposal fees charged at the Dubuque metro landfill, shall be paid to the city by the owner for each tire. 4. An additional fee of twelve dollars and fifty cents ($12.50) shall be paid to the city by the owner for each appliance collected in the service. 5. An additional fee of ten dollars ($10.00) shall be paid to the city by the owner for each collection requested by the owner to be scheduled for service on a day not receiving weekly collection at the service address. 6. An additional fee of ten dollars ($10.00) shall be paid to the city by the owner for each collection requested by the owner to be scheduled for immediate service or whenever crews are sent back to the service address to collect items that were not properly set out on time as previously scheduled. Section 2. This Ordinance shall take effect on the 1st day of July, 2012. Passed, approved and adopted this 7th of March, 2012. /s /Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 14th day of March 2012. /s /Kevin S. Firnstahl, City Clerk Fixing Water Rates for Residential and In- dustrial Use and All Other Uses; and Fixing Water Rates for Fire Sprinkler Service: Ordi- nance No. 24 -12 Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 1 Water Use and Service, Article C Rates, Section 13-1C-1(A) Establishing Water Rates for Residential, Commercial, Industrial, and all Other Uses; and Ordinance No. 25 -12 Amending the City of Dubuque Code of Ordi- nances Title 13 Public Utilities Chapter 1 Wa- ter Use and Service, Article C Rates Section 13-1C-2 Fixing Water Rates for Fire Sprinkler Service. OFFICIAL PUBLICATION ORDINANCE NO. 24 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAPTER 1 WATER USE AND SERVICE, ARTICLE C RATES, SECTION 13-1C-1(A) ESTABLISHING WATER RATES FOR RESI- DENTIAL, COMMERCIAL, INDUSTRIAL, AND ALL OTHER USES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 13-1C-1(A) of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Section 13-1C-1A: Residential, Commer- cial, Industrial and All Other Uses. Rates Established: The rates to be charged for water for residential, commercial, industrial and all other uses and purposes by any person, firm or corporation within the city shall be based on units of one hundred cubic feet (748 gallons) or per gallon as follows: Monthly Consumption Charge per (in Hundreds of Cubic Hundred Cubic Feet) Feet First 30 Next 120 i_ 1 Next 350 I- Next 500 I 1 Next 1,000 1 Monthly Consumption (in Gallons) $2.66 $2.17 $2.01 $1.78 $1.58 Charge per Gallon First 22,440 Next 89,760 Next 261,800 Next 374,000 Next 748,000 $0.00355 $0.00290 $0.00270 T I— $0.00239-- - $0.00210 Rates shall be subject to the following mini- mum monthly charge according to the size of the meter: Meter i Monthly v — Monthly Minimum Size Consumption Consump- Charge Inches (In Hundreds tion of Cubic Feet) (In Gallons) 5/s I 2 — _--1,496 i _--- $5.31_, 3/ 5 3,740-1— 3,740 ------ - - - - -- 1 8 5,984 't 5,984 1 1/2 26 19,4484_ 19,448 .......... 2— [--- -____ -- 46-_ - - - - -- 34,408 ---- $114_37.1 3 I 106 79,288 $244.52 4 i 168 +- 125,664 r $376.31 6 j 368 275,264 $780.23 j -- - - - - -- 8 625_ —__ 467,500—x—$1,270.29 A property owner shall pay a $50.00 dis- connect fee for water service that is discon- nected by the city for a meter not in service. When a tenant account is subject to discon- nection due to delinquency, the tenant shall pay the $50.00 disconnect fee. A $50.00 service call fee shall be changed to property owners or tenant account for those service calls that are determined to be related to customer negligence. A $5.00 minimum monthly charge shall be assessed for meters not in service. Section 2. This Ordinance shall take effect July 1,2012. Passed, approved and adopted this 5th day of March, 2012. Book 142 Special Session, March 7, 2012 97 /s /Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 14th day of March 2012. /s /Kevin S. Firnstahl, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 25 -12 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILI- TIES CHAPTER 1 WATER USE AND SER- VICE, ARTICLE C RATES SECTION 13 -1C -2 FIXING WATER RATES FOR FIRE SPRIN- KLER SERVICE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 13 -1 C -2 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Section 13-1C-2: Fire Sprinkler Service. Customers who have fire sprinkler service shall be billed for this service on a monthly basis. The monthly charge shall be as follows: NUMBER OF HEADS MONTHLY CURRENT CHARGES Up to 200 $16.25 (minimum monthly charge) 200 -300 ----- - - - - -- $19.50 300 -400 ------ - - - - -r- $22.72 400 - 600-------- - - -_ -� $25.99 600 - 800 $29.22 800 1000 T- $32.49 1000 - 1200 } $35.74 1200 - 1400 $38.95 1400 - 1600 $42.22 1600 - 1800_ -- - - -- $45.47 1800 -2000 ---- - - - - -- $18.70 2000 -2200 I $51.95 2200 - 2400 i $55.19 - -2400 - 2600 $58.45 2600 -2800 ----- - - - - -� $61.71 2800 -- 3000 r $65.02 3000 - 3500 $68.18 Over 3,500 $3.24 (for each additional 500 heads or fraction thereof) Section 2. This Ordinance shall take effect July 1, 2012. Passed, approved and adopted this 5th day of March, 2012. /s /Roy D. Buol, Mayor Attest: IslKevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 14th day of March 2012. /s /Kevin S. Firnstahl, City Clerk Third Grade Level Reading Memorandum of Understanding: City manager recommend- ing approval of a Memorandum of Understand- ing regarding 3'd Grade Level Reading All- America City Award. Motion by Braig to re- ceive and file the documents and approve the recommendation. Seconded by Resnick. Mo- tion carried 7 -0. There being no further business, upon mo- tion the City Council adjourned at 7:49 p.m. /s/Kevin S. Firnstahl City Clerk 98 Regular Session, March 19, 2012 Book 142 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on March 19, 2012 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut- ton; City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the Council. PLEDGE OF ALLEGIANCE MOMENT OF SILENCE PRESENTATION(S) Veterans' Memorial Plaza: Richard Goebel and Dick Bridges of the Board of Directors for the Veterans' Memorial Plaza presented City Council with a photo of the Plaza in gratitude for its support of the project. 365 Community Impact Awards: Jerelyn O'Connor, Neighborhood Development Spe- cialist, presented the 365 Impact Awards re- ceived by the City at the March 6, 2012 cere- mony. Categories included: Overall Individual: Public Information Officer Randy Gehl; Overall Idea: Millwork District Partners; Alt: Alt on the River; Family: Music in Jackson Park CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Resnick. Motion carried 7 -0. Minutes and Reports Submitted: City Con- ference Board of 1/30; City Council Proceed- ings of 2/29, 3/5, and 3/7; Five Flags Civic Center Commission of 2/6; Historic Preserva- tion Commission of 3/7; Zoning Advisory Commission of 3/7 Proof of Publication for City Council Pro- ceedings of 2/20, 2/21, 2/27, and 2/29 Upon motion the documents were received and filed. Notice of Claims and Suits: Joshua Boffeli for property damage, Archie Ralston for per- sonal injury, Kathleen Stierman for property damage. Upon motion the documents were received, filed and referred to the City Attor- ney. Disposition of Claims: City Attorney advis- ing that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Joshua Bofelli for property damage, Archie Ralston for personal injury, Kathleen Stierman for property damage. Upon motion the documents were received, filed and con- curred. Appeal of Claim: Correspondence from Gary and Shirley Jameson appealing the deni- al of their February 13, 2012 claim against the City of Dubuque for property damage. Upon motion the document was received, filed and referred to the City Attorney. Collective Bargaining Agreement Amend- ment - Teamsters Local No. 120: City Manager recommending approval of an amendment to the Collective Bargaining Agreement with the Teamster Union to provide for a work week that consists of ten hours per day and four days per week for the Airport Maintenance workers and Airport Mechanic. Upon motion the documents were received, filed, and ap- proved. Biosolids Management Agreement: City Manager is recommending that the City of Dubuque enter into an agreement with Nutri- Ject Systems, Inc. of Hudson, Iowa, for the Water & Resource Recovery Center (W &RRC) Biosolids Management Program. Upon motion the documents were received, filed, and ap- proved. Third Annual Taste of the World: City Man- ager submitting information on the Third An- nual Taste of the World event, sponsored by the Multicultural Family Center to be held Sat- urday, March 31, 2012 at Five Flags Center. Upon motion the document was received and filed. Environmental Protection Agency Consent Decree Semi - Annual Report: City Manager submitting the Environmental Protection Agen- cy (EPA) Consent Decree March 5, 2012, Semiannual Report. Upon motion the docu- ments were received and filed. Fourth Street Parking Ramp Name Change: City Manager recommending re- naming the Fourth Street Parking Ramp to the Five Flags Ramp, which will provide an asso- ciation between the parking ramp and events Book 142 Regular Session, March 19, 2012 99 held at Five Flags Center. Upon motion the documents were received, filed, and approved. Dubuque Packing Company Memorial — Acceptance: City Manager recommending acceptance of the Dubuque Packing Company Memorial. Upon motion the documents were received and filed and Resolution No. 75 -12 Accepting the Dubuque Packing Company Memorial and authorizing payment of the con- tract to the contractor was adopted. RESOLUTION NO. 75 -12 ACCEPTING THE DUBUQUE PACKING COMPANY MEMORIAL AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Dubuque Packing Company Memorial (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 Engi- neer recommends that the Project be accept- ed; 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 Bee Branch Creek Restoration Project appropria- tion for the contract amount of $42,470.00 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 19th day of March, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE DUBUQUE PACKING COMPANY MEMORIAL The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Dubuque Packing Company Memorial, that the Project has been performed in compliance with the terms of the Public Im- provement Contract, and that the total cost of the completed work is $42,470.00. Dated this 8th day of March, 2012. /s /Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 9th day of March, 2012. /s /Kevin S. Firnstahl, City Clerk Iowa Department of Transportation - Supple- mental Agreement for Maintenance of Primary Roads: City Manager recommending approval of the Supplemental Agreement for Mainte- nance of Primary Roads in Municipalities (Supplemental Agreement) between the Iowa Department of Transportation and the City of Dubuque. Upon motion the documents were received, filed, and approved. Iowa Department of Transportation - Fiscal Year 2012 Supplemental Agreement for Traffic Signal Maintenance: City Manager recom- mending approval of the Supplemental Agreement for Maintenance of Primary Roads in Municipalities between the Iowa Department of Transportation and the City of Dubuque (City) for the annual maintenance of traffic signals and cabinets at US 52/61/151 at the intersection with Twin Valley Drive and Iowa 3 /US 52 at the intersection of Iowa 32 (North- west Arterial). Upon motion the documents were received, filed, and approved. Growing Sustainable Communities - Con- ference Management Agreement: City Manag- er recommending approval of the attached agreement with Sustainable City Network, Inc. for co- management of the 5th Annual Growing Sustainable Communities Conference to be held October 2 -3, 2012. Upon motion the doc- uments were received, filed, and approved. Sustainable Dubuque Project Status Up- date: City Manager submitting the Sustainable Dubuque Project Status Update for February 2012. Upon motion the documents were re- ceived and filed. Request for Qualifications - Intermodal Center Construction Documents: City Manager recommending authorization for a Request for Qualifications to solicit consultant interest in design development, construction documenta- tion, and construction administration services for the Dubuque Intermodal Campus. Upon motion the documents were received, filed, and approved. Department of Energy Smart Grid Data Access Grant: City Manager recommending approval of an application to the Department of Energy Smart Grid Data Access Program in the amount of $500,000. Upon motion the documents were received, filed, and approved. Delinquent Water, Sewer, Refuse and Stormwater Accounts: City Manager recom- mending authorization to certify the delinquent water, sewer, refuse and stormwater accounts to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. Upon motion the documents 100 Regular Session, March 19, 2012 Book 142 were received and filed and Resolution No. 76- 12 Adopting the Schedule of Assessments for delinquent water, sewer, refuse and storm - water accounts and directing the City Clerk to certify the Schedule of Assessments to the County Treasurer and to publish notice thereof was adopted. RESOLUTION NO. 76 -12 ADOPTING THE SCHEDULE OF ASSESS- MENTS FOR DELINQUENT WATER, SEW- ER, REFUSE AND STORMWATER AC- COUNTS AND DIRECTING THE CITY CLERK TO CERTIFY THE SCHEDULE OF ASSESSMENTS TO THE COUNTY TREAS- URER AND TO PUBLISH NOTICE THEREOF NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the Sched- ule of Assessments attached hereto for delin- quent water, sewer, refuse, and stormwater accounts which Schedule of Assessments was filed in the office of the City Clerk on the 9th day of March, 2012, the said Schedule of As- sessments be and the same is hereby ap- proved and adopted. That there be, and is hereby assessed and levied as a lien upon the real property, the respective sums indicated. That the City Clerk be and is hereby di- rected to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publi- cation of which shall be not more than fifteen days from the date of filing of the final sched- ule. On or before the date of the second publi- cation of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Iowa Code § 384.60. The assessments may be paid in full or in part at the Utility Billing Office, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after the date of the first publication of the notice of the filing of the Schedule of As- sessments with the County Treasurer. After 30 days, unpaid assessments are payable at the County Treasurer's Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and charges shall be collected in the same manner as general property taxes against the respective parcels of the property set opposite the name of the property owner. Passed, approved and adopted this 19th day of March, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Schedule of Assessments Delinquent Water, Sewer, Refuse And Stormwater Accounts Customer Name, Service Address, Total Bal- ance Aaron & Brianna Locke, 321 Monroe St., $38.09 Allan R Brimeyer, 327 Klingenberg Ter, 133.97 Amber M Fleege, 3056 White St, 45.19 Amy J Shepherd & John E Hulsizer, 922 Garfield Ave, 17.74 Anna M Riniker, 2528 Jackson St, 119.54 Antonio G Conley, 1104 Riverview St, 55.85 Auto & Truck Parts Inc., 3000 Jackson St, 293.47 Bayview Investments LLC, 30 W 28th St 54.11 Bill J Finn, 1860 Heeb St, 44.77 Bill J Finn, 2010 Shelby St, 108.93 BRP Properties LLC, 1118 White St Apt 1, 168.63 BRP Properties LLC, 754 W 5th St, 284.63 Bruce A Krolick, 2327 White St, 153.71 Bryan R Glanz, 2995 Hillcrest Rd, 128.73 Charles W Wehrspann, 3870 Creston St, 84.53 Chris J Feldman, 1675 Amy Ct, 185.55 Christopher J Mayne, 1001 Garfield Ave, 213.59 CK Concrete Construction LLC, 7869 Commerce Park, 250.59 CNI Properties LLC, 378 W Locust St, 220.61 Corrine M Hinderman, 1523 Adair St, 237.76 Cory L Data, 719 Rose St, 476.94 Crystal Rasheed, 2419 Jackson St, 256.22 Curtis J Prado, 2230 Francis St Apt 2, 95.22 D W Geiger, 2600 Central Ave, 593.82 Dale B Walker, 830 Valentine Dr, 57.13 Dale Kleinschrodt, 421 Kaufmann Ave, 203.47 Dallas M Kalmes, 1038 Bluff St, 336.62 Dan Bastian, 610 Kurt Ct, 179.11 Daniel J Siefker, 1838 Central Ave, 362.97 Daniel J Siefker, 1838 Central Ave, 542.83 Darla Fortmann, 899 Edison St., 444.60 David Shaw, 2765 Broadway St, 212.29 Dean W Miller, 604 Rhomberg Ave, 94.73 Debbie L Feldman, 739 W 8th St, 233.07 Deutsche Bank National Trust, 475 Valeria St, 268.06 Don D Heim, 596 University Ave, 132.87 Dubuque Property Investments, 554 W 8th St, 756.72 Ed F Davis, 971 Bluff St, 122.41 Fred J Husemann III, 2926 Washington St, 176.07 Book 142 Regular Session, March 19, 2012 101 Gary Bernhard, 1110 Roosevelt St, 83.24 Gary Bernhard, 1100 Roosevelt St, 212.90 Gary E & Susan M Bay, 1805 Jackson St, 178.39 Gary E & Susan M Bay, 1815 Jackson St, 381.72 Gary Hansen, 2060 Ellen St, 202.38 Georgia L Mihalakis, 2547 Broadway St, 357.20 H & R Properties, 1586 Washington St, 185.99 Helicon Resources LLC, 925 Nevada St Apt 3, 264.39 Henkel & Co, 1804 Central Ave Apt A, 232.32 Henkel & Co, 1804 Central Ave Apt B, 358.73 Henkel & Co, 1804 Central Ave Apt C, 193.49 Henkel & Co, 1804 Central Ave Apt D, 240.38 Henkel & Co, 1810 Central Ave, 469.60 Henkel & Co, 1812 Central Ave Apt 1, 225.52 Henkel & Co, 1812 Central Ave Apt 2, 161.56 Henkel & Co, 1812 Central Ave Apt 3, 15.38 High Performance LLC, 1592 Iowa St, 442.17 High Performance Properties, 561 Loras Blvd, 339.17 Ivan P Sr Divino, 345 W Locust St Apt 3, 211.62 Ivan P Sr Divino, 345 W Locust St Apt 1, 238.95 Ivan P Sr Divino, 345 W Locust St Apt 2, 174.67 Ivan P Sr Divino, 378 W Locust St Apt 1, 42.29 Ivan P Sr Divino, 378 W Locust St Apt 2, 75.22 Ivan P Sr Divino, 380 W Locust St Apt 2, 33.09 J Foht, 723 Peru Rd, 212.90 Jacqueline C Woodward, 2509 Roosevelt St Stables, 1,243.56 Janice Weis, 400 E 22nd St, 162.35 Jay C Close, 689 W Locust St, 161.13 Jayme V Hansen, 1970 Lombard St, 274.51 Jeffrey J Welter, 695 Kane St, 55.41 Jeffrey T Smith, 1265 Thomas PI, 165.54 Jerod F & Sarah A Bennett, 750 Kelly Ln, 204.73 Jesse Rans, 2008 Foye St, 98.15 Jody & Jason P McCarty, 2170 Deborah Dr, 299.33 John C / Ann C Schober, 2395 Knob Hill Dr, 446.86 John R Barbee, 3085 Oak View Ct, 318.82 Joseph Healey, 1012 Wilson St, 217.23 Joseph Healey, 1010 Wilson St, 208.09 Josh C Andrews, 2365 Matthew John Dr, 385.00 Judy A Beecher, 55 Milwaukee St, 1,339.16 Julie Leclere, 2491 Hempstead St, 94.29 Julie Leclere, 2489 Hempstead St, 211.69 Kathryn A Schrauth, 410 Kaufmann Ave, 83.62 Kathy M McCarthy, 2085 Roosevelt St, 99.88 Kenneth A Ginter, 2662 Ogle St, 203.73 Kenneth A Slag ht, 1486 W 3rd St, 208.11 Kenneth E Keller, 2054 Jackson St # 2, 123.86 Key City Properties LLC, 3125 Cedar Crest Rdg, 232.61 Key City Properties LLC, 3131 Cedar Crest Rdg, 284.19 Kingdom Investment LLC, 993 W 3rd St 514.86 Kingdom Investment LLC, 308 Hill St Apt 2, 231.23 Kingdom Investment LLC, 308 Hill St Apt 1, 407.05 Kingdom Investment LLC, 500 Hill St, 95.11 Kress Industrial Facility LLC, Seippel Rd Commercial Park, 345.96 Kristi M Eppler, 2305 Queen St, 47.50 Larry & Cheryl Conley, 2512 Broadway St, 124.55 Larry E Latham, 1814 Jackson St, 114.51 Larry Oglesby, 712 Hill St Apt 1, 96.42 Lonnie L Allen, 2565 Front St, 174.28 Lynn F Schmitz, 1030 Roosevelt St, 76.56 Lynn F Schmitz, 1040 Roosevelt St, 85.29 Main Street Development Co, 100 Main St, 578.87 Mark Krolich, 743 Louise St, 150.19 MarkT Dolson, 54 Alpine St, 161.64 McStac Properties LLC, 1902 White St, 235.66 Michael D Dohanich, 2283 White St, 413.32 Michael Dennison, 595 Angella St, 72.32 Michael J Schetgen, 3922 Inwood Ave, 191.82 Michael Kane, 2222 Washington St, 266.97 Michael Lloyd, 2046 Morningview Rd, 151.18 Michelle Scott, 607 W 8th St, 53.99 Mike D Voss, 1280 Cleveland Ave, 302.35 Natalie A Bonar, 305 Clarke Dr, 179.17 Nathan B Boyes, 977 Cleveland Ave, 59.40 Nickie L Blume, 2523 Washington St, 403.91 Nina K Nelson, 520 Lincoln Ave, 306.83 Patrick Duggan, 1540 Central Ave Busi- ness, 306.95 Patrick Duggan, 1540 Central Ave Apt 2s, 37.51 PatrickJ Norton, 2739 Burden St, 169.26 Patrick R Marsh, 158 Bluff St, 94.63 102 Regular Session, March 19, 2012 Book 142 Philip F Schromen, 713 Peru Rd, 100.41 Quattro C Properties LLC, 2672 Raven Oaks Dr, 139.17 Quattro C Properties LLC, 2676 Raven Oaks Dr, 194.30 Randy E & Pamela J Davis, 840 Roosevelt St, 147.08 Rebecca A Stover, 2875 Argyle St, 163.98 Rebecca S Brandenburg, 1404 Lincoln Ave, 730.52 Richard D Ames, 2337 Cherry St, 67.55 RickyJ Hurst, 3975 Inwood Ave, 212.90 Robert J Sarazin, 2626 Broadway St, 248.17 Roger & Regina Blackbourn, 1967 Rock- dale Rd, 254.33 Ron Rudiger, 590 Angella St, 169.53 Ronald L Houselog, 716 E 22od St, 177.11 Ronda S Carpenter, 2655 Beverly Ave, 345.02 Ruth M Montgomery, 928 Garfield Ave, 303.67 Ryan P Hickson, 743 Cleveland Ave, 62.01 Sara J Hines, 2169 Elm St, 232.66 Scott M Bries, 735 Kirkwood St 2nd, 98.56 Secretary Of Housing & Urban, 2224 Fran- cis St Apt 1, 38.69 Secretary Of Housing & Urban, 2224 Fran- cis St Apt 2, 38.69 Secretary Of Housing & Urban, 2222 Fran- cis St, 39.09 Sherrie L Jones, 2790 Andrew Ct, 251.14 Steven J Kaiser, 3405 Jackson St, 91.09 Theresa M Sawvell, 5300 Old Highway Rd, 75.37 Thomas J & Martha J Blake, 809 W 8th St # 2, 135.95 Thomas J & Martha J Blake, 2301 White St Apt 2, 140.27 Thomas J & Martha J Blake, 2214 Jackson St # 2, 178.67 Thomas J & Martha J Blake, 357 Kauf- mann Ave Apt 2, 184.25 Thomas J & Martha J Blake, 2301 White St Apt 1, 411.55 Thomas J Wernimont, 1328 Jackson St, 242.46 Timothy K Manning, 1552 Locust St, 60.32 Tina M Pluemer, 890 Pleasant St, 61.59 Tom J Ede, 3951 Inwood Ave, 212.90 Toni Hook, 480 Klingenberg Ter, 2,007.78 Travis Nelson, 1523 Adair St, 266.89 Vicki L Rako, 1017 Bluff St, 134.65 Walter McLaughlin, 689 W 8th St, 267.85 West Locust Properties LLC, 464 W Locust St Business, 80.56 Iowa Watershed Project Letter of Interest: City Manager recommending approval of a Letter of Interest requesting that the Catfish Creek Watershed be included as an Iowa Wa- tershed Project and to authorize the Mayor to sign the Letter of Interest. Upon motion the documents were received, filed, and approved. Alcohol Compliance Public Hearing - Cookin' Something Up: City Manager recom- mending that a public hearing be set for April 2, 2012, regarding the Alcohol Compliance Violation second Offense for Cookin' Some- thing Up, 1640 JFK Road. Upon motion the documents were received, filed, and approved. Alcohol Compliance Civil Penalty for Alco- hol License Holders - Bluff Street Brew Haus: City Manager recommending approval of the Acknowledgment/Settlement Agreement for a first offense alcohol compliance violation for the Bluff Street Brew Haus, 372 Bluff Street. Upon motion the documents were received, filed, and approved. Alcohol Compliance Civil Penalty for Alco- hol License Holders - Steve's Ace Hardware: City Manager recommending approval of the Acknowledgment/Settlement Agreement for a first offense alcohol compliance violation for Steve's Ace Hardware, 3350 JFK Road. Upon motion the documents were received, filed, and approved. Alcohol Compliance Civil Penalty for Alco- hol License Holders - Creslanes Bowling: City Manager recommending approval of the Ac- knowledgment/Settlement Agreement for a first offense alcohol compliance violation for Creslanes Bowling, 255 S. Main Street. Upon motion the documents were received, filed, and approved. Alcohol Compliance Civil Penalty for Alco- hol License Holders - Days Inn /Spirits Bar and Grill: City Manager recommending approval of the Acknowledgment/Settlement Agreement for a first offense alcohol compliance violation for Days Inn /Spirits Bar and Grill, 1111 Dodge Street. Upon motion the documents were re- ceived, filed, and approved. Alcohol Compliance Civil Penalty for Alco- hol License Holders - Pizza Hut #4691: City Manager recommending approval of the Ac- knowledgment/Settlement Agreement for a first offense alcohol compliance violation for Pizza Hut #4691, 320 East 20th Street. Upon motion the documents were received, filed, and approved. Alcohol Compliance Civil Penalty for Alco- hol License Holders - Freddie's Popcorn: City Manager recommending approval of the Ac- knowledgment/Settlement Agreement for a first offense alcohol compliance violation for Freddie's Popcorn, 1086 Main Street. Upon Book 142 Regular Session, March 19, 2012 103 motion the documents were received, filed, and approved. Alcohol License Applications: City Manager recommending approval of annual liquor, beer, and wine licenses as submitted. Upon motion the documents were received and filed and Resolution No. 77 -12 Applications for beer, liquor, and /or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Busi- ness and License Regulations, Chapter 2 Liq- uor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 77 -12 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND /OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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 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 bonds and otherwise complied with the re- quirements 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 author- ized and directed to cause to be issued the following named applicants and permit types. Whiskey River, 1064 University Ave, Class C Liquor License (Sunday) Dubuque Arboretum Association, 3800 Ar- boretum Dr., Class B Native Wine Permit (Sunday) Dubuque Lodge No. 355, 2635 Windsor Ave., Class A Liquor License (Private Club)(Sunday) Exxtreme Pub, 1701 Central Ave., Class C Liquor License (Sunday) Hartig Drug Co., 2255 JFK Rd, Class E Liquor, Class B Wine (Carryout) Class C Beer Permit (Carryout) (Sunday) Loras College Campus, 1450 Alta Vista Dr., Class C Liquor License (Catering) (Sun- day) Neighbor's Tap, 1899 Rockdale Rd., Class C Liquor License Olive Garden Rest. #1516, 3350 Dodge St., Class C Liquor License (Sunday) Panchero's Mexican Grill, 4840 Asbury Rd., Class B Beer (Wine Cool- ers) (Sunday) (Outdoor) Tantra Thai Bistro, 2055 Holliday Dr. Suite 200, Class C Liquor, Class B Wine Permit (Carryout Wine) (Sunday) Passed, approved and adopted this 19th day of March, 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 pub- lic hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Connors. Motion carried 7 -0. Dubuque Industrial Center South - 2012 Grading and Utilities Phase I: City Manager recommending initiation of the public bidding process for the Dubuque Industrial Center South Grading & Utilities - 2012 Project, Phase I and that a public hearing be set for April 2, 2012. Upon motion the documents were re- ceived and filed and Resolution No. 78 -12 Preliminary 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 (Dubuque Industrial Center South Grading & Utilities - 2012 Project, Phase I) was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on April 2, 2012 in the Historic Fed- eral Building. RESOLUTION NO. 78 -12 DUBUQUE INDUSTRIAL CENTER SOUTH GRADING & UTILITIES — 2012 PROJECT, PHASE I PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, 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 plans, specifications, form of contract and estimated cost for the Dubuque Industrial Center South Grading & Utilities — 2012 Project, Phase I, in the estimated amount $4,744,572, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on 2nd day of April, 2012, at 6:30 p.m. in the Historic Federal Building Council Chambers at which time in- terested persons may appear and be heard for or against the proposed plans and specifica- tions, form of contract and estimated cost of 104 Regular Session, March 19, 2012 Book 142 said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be pub- lished in a newspaper having general circula- tion 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 plans, specifications, form of con- tract, or estimated cost of the Project. The Dubuque Industrial Center South Grading & Utilities — 2012 Project, Phase I 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 Bid- ders hereby approved. The City Clerk is hereby directed to adver- tise for bids for the construction of the im- provements 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 Tess than four but not more than forty -five days before the date for filing bids before 2:00 p.m. on the 1st day of May, 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 21st day of May, 2012, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 19th day of March, 2012. Roy D. BuoI, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS /COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions; applicant ap- pointments will be made at the next City Council meeting. Cable TV Commission: 1 three -year term through July 1, 2014 (last of 7 newly created positions). Applicant: Ronald Tigges, 4927 Wildflower Drive. Appointment made at this meeting: Civil Service Commission: 1 three -year term through April 6, 2015 (Expiring term of Takes). Applicant: Betty Takes 1245 Dunleith Court. Upon City Council concurrence, Mayor Buol appointed Betty Takes to the Civil Service Commission for a three -year term through April 6, 2015. PUBLIC HEARINGS Upon motion the rules were suspended al- lowing anyone present to address the City Council. Hunter Equity, LLC - Development Agree- ment: Proof of publication on notice of public hearing to consider approval of a Development Agreement with Hunter Equity, LLC for the sale of 12.4 acres in Dubuque Industrial Cen- ter West and construction of an 80,000 square -foot distribution center for Fed -Ex. Mo- tion by Lynch to receive and file the docu- ments and adopt Resolution No. 79 -12 Ap- proving a Development Agreement providing for the sale of 12.4 acres in the Dubuque In- dustrial Center West to Hunter Equity, LLC. Seconded by Braig. Motion carried 7 -0. RESOLUTION NO. 79 -12 APPROVING A DEVELOPMENT AGREE- MENT PROVIDING FOR THE SALE OF 12.4 ACRES IN THE DUBUQUE INDUSTRIAL CENTER WEST TO HUNTER EQUITY, LLC Whereas, the City Council, by Resolution No. 65 -12, dated March 5, 2012 declared its intent to enter into a Development Agreement with Hunter Equity, LLC for the sale of 12.4 acres in the Dubuque Industrial Center West (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed dis- position on March 19, 2012 at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that approval of the Development Agreement for the sale to and development of the Property by Hunter Equity, LLC according to the terms and conditions set out in the De- velopment Agreement 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 Development Agreement by and between the City of Dubu- que and Hunter Equity, LLC for the sale of the Property is hereby approved. Section 2. That the Mayor is hereby au- thorized and directed to execute the Develop- ment Agreement on behalf of the City and City Clerk is authorized and directed to attest to his signature. Section 3. That the Mayor and City Clerk are hereby authorized and directed to execute and deliver a Special Warranty Deed for the Property as provided in the Development Agreement. Section 4. That the City Manager is author- ized to take such actions as are necessary to Book 142 Regular Session, March 19, 2012 105 comply with the terms of the Development Agreement as herein approved. Passed, approved and adopted this 19th day of March, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Request to Amend ID Institutional District - Clarke University: Proof of publication on no- tice of public hearing to consider a request by Clarke University, 1550 Clarke Drive, to amend the ID Institutional District to allow a science addition and new surface parking lot, and the Zoning Advisory Commission recom- mending approval. Motion by Connors to re- ceive and file the documents and that the re- quirement that a proposed ordinance be con- sidered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Brian Scholtes from Clarke University, spoke in favor of the project. Planning Ser- vices Manager Laura Carstens provided a staff report. Council Member Resnick stated that the City Attorney saw no conflict of interest in Mr. Resnick's vote on this issue as he is an employee of Clarke University. Motion by Connors for final consideration and passage of Ordinance No. 27 -12 Amend- ing Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by providing for the approval of an amended campus development plan for the Clarke Uni- versity ID Institutional District to allow con- struction of a science addition and associated parking lot at the intersection of Clarke Drive and Clarke Crest Drive. Seconded by Braig. Motion carried 7 -0 OFFICIAL PUBLICATION ORDINANCE NO. 27 -12 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY PROVID- ING FOR THE APPROVAL OF AN AMEND- ED CAMPUS DEVELOPMENT PLAN FOR THE CLARKE UNIVERSITY ID INSTITU- TIONAL DISTRICT TO ALLOW CONSTRUC- TION OF A SCIENCE ADDITION AND AS- SOCIATED PARKING LOT AT THE INTER- SECTION OF CLARKE DRIVE AND CLARKE CREST DRIVE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, be amended by providing for the approval of an amended campus devel- opment plan for Clarke University ID Institu- tional District, a copy of which is on file with the City of Dubuque Planning Services De- partment. Section 2. Institutional District Regulations. A. Use Regulations The following regulations shall apply to all uses made of land in the above - described ID Institutional District: 1. Principal permitted uses shall be limited to: a. Offices for administrative personnel or other institutional employees and affiliates. b. Churches, libraries, and museums. c. Classrooms, laboratories, lecture halls, and similar places of institutional assembly. d. Off - street parking and loading. e. Recreational or athletic facilities for the primary use and benefit of institutional resi- dents or affiliates. f. Single- family, two- family or multi - family dwellings for the housing of institutional resi- dents or affiliates. 2. Accessory Uses. The following uses shall be permitted as accessory uses in the above - described ID Institutional District. a. Located entirely within a principal build- ing, bookstores, or bars seating not more than seventy -five (75) persons at one time and lo- cated not closer than two hundred feet (200') from the nearest Residential or Office Resi- dential District. b. All uses customarily incidental to the principal permitted uses in conjunction with which such accessory uses operated or main- tained, but not to include commercial use out- side the principal building. 3. No conditional uses shall be allowed. B. Lot and Bulk Regulations Development of land in the ID Institutional District shall be regulated as follows: The proposed Catherine Byrne Hall Sci- ence Addition and new parking lot shall be constructed in substantial conformance with the attached amended campus development plan. C. Performance Standards The development and maintenance of uses in this ID Institutional District shall be estab- lished in conformance with Section 5 -22 of the Unified Development Code and the following standards: 1. The storm water control shall be de- signed and built in accordance with city regula- tions subject to review and approval by the City of Dubuque Engineering Department. 2. That appropriate erosion and sediment control will be installed prior to commencement of any land disturbing activity related to the subject project, including all required state and city permits related to erosion control. 3. New outdoor lighting shall utilize 72- degree cut -off luminaries. 4. Landscaping shall be provided in com- pliance with Article 13 of the Unified Develop- ment Code. 5. All utilities, including telephone and ca- 106 Regular Session, March 19, 2012 Book 142 ble television, shall be installed underground. 6. Final site plans shall be submitted in ac- cordance with Articles 12 and 13 of the Unified Development Code. D. Parking Requirements The off - street parking requirements for the principal permitted uses for the herein de- scribed ID Institutional District shall be regulat- ed as follows. 1. The number, size and layout of off - street parking shall be in substantial compliance with the amended campus plan. 2. The design of the parking lot shall com- ply with Article 13 of the Unified Development Code. 3. Any significant expansion or reduction in the number of off - street parking spaces must be reviewed by Planning Services staff for compliance with the adopted Institutional Dis- trict regulations. E. Sign Regulations The sign regulations shall be the same as that which are allowed in the ID Institutional District as established in Article 15 of the Uni- fied Development Code. F. Additional Standards That all previously approved campus de- velopment plans are hereby amended to allow for the attached campus development plan. G. Transfer of Ownership Transfer of ownership of property in this ID Institutional District requires rezoning of the property to an appropriate zoning district. H. Modifications Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Article 9 of the Unified Development Code. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Io- wa. Section 4. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved and adopted this 19th day of March, 2012. /s /Roy D. Buol, Mayor: Attest: /s /Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 23rd day of March, 2012. /s /Kevin S. Firnstahl, City Clerk Request to Rezone - Middle Road and Seippel Road: Proof of publication on notice of public hearing to consider a request by Calla- han Construction to rezone property located at the southwest corner of Middle Road and Seippel Road from CS Commercial Service and Wholesale District to R -1 Single - Family Residential District, R -2 Two Family Residen- tial District, and R -3 Moderate Density Multi- Family Residential District and the Zoning Ad- visory Commission recommending approval. Motion by Connors to receive and file the doc- uments and that the requirement that a pro- posed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Jones. Tom, Larson of Buesing and Associates, spoke in support of the rezoning as the engineering firm for the project. Planning Services Manager Planning Services Manager Laura Carstens provided a staff report. Motion carried 7 -0. Motion by Connors for final consideration and passage of Ordinance No. 28 -12 Amend- ing Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at the southwest corner of Middle Road and Seippel Road from CS Commercial Service and Wholesale District to R -1 Single - Family Residential District, R -2 Two - Family Residential District, and R -3 Moderate Density Multi - Family Residential District. Seconded by Jones. Motion carried 7 -0. OFFICIAL PUBLICATION ORDINANCE NO. 28 -12 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLAS- SIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT THE SOUTH- WEST CORNER OF MIDDLE ROAD AND SEIPPEL ROAD FROM CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT TO R -1 SINGLE - FAMILY RESIDENTIAL DIS- TRICT, R -2 TWO- FAMILY RESIDENTIAL DISTRICT, AND R -3 MODERATE DENSITY MULTI - FAMILY RESIDENTIAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, is hereby amended by reclassi- fying the hereinafter described property from CS Commercial Service and Wholesale Dis- trict to R -1 Single - Family Residential District, R -2 Two - Family Residential District, and R -3 Moderate Density Multi - Family Residential District, to wit: As shown in Exhibit A, and to the center- line of the adjoining public right -of -way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Io- wa. Section 3. This Ordinance shall take effect upon publications, as provided by law. Passed, approved and adopted this 19th Book 142 Regular Session, March 19, 2012 107 day of March, 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 23rd day of March, 2012. /s /Kevin S. Firnstahl, City Clerk Voluntary Annexation- 10924 Key West Drive: Proof of publication on notice of public hearing to consider a request by Catherine C. Christopherson for the voluntary annexation of 10924 Key West Drive and the City Manager recommending approval. Motion by Braig to receive and file the documents and adopt Resolution No. 80 -12 Rescinding Resolution 66 -12, Approving application for voluntary an- nexation of territory to the City of Dubuque, Iowa, and in lieu thereof adopting a new reso- lution approving application for voluntary an- nexation of territory to the City of Dubuque, Iowa. Seconded by Jones. Motion carried 7 -0. RESOLUTION NO. 80 -12 RESCINDING RESOLUTION 66 -12, AP- PROVING APPLICATION FOR VOLUNTARY ANNEXATION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA, AND IN LIEU THEREOF ADOPTING A NEW RESOLUTION APPROVING APPLICATION FOR VOLUN- TARY ANNEXATION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA. Whereas, Catherine C. Christopherson, the property owner, has submitted a written appli- cation for voluntary annexation of approxi- mately 0.19 acre of land at 10924 Key West Drive to the City of Dubuque, Iowa; and Whereas, the annexation territory is not subject to an existing annexation moratorium agreement; and Whereas, the annexation territory does not include any railroad property; and Whereas, Iowa Code section 368.7 author- izes the extension of City limits in situations of this character by adoption of a resolution after notification and public hearing; and Whereas, this annexation is consistent with the Comprehensive Plan of the City of Dubu- que; and Whereas, the City of Dubuque has the ca- pacity to provide substantial municipal services to the annexation territory; and Whereas, the annexation is in the public in- terest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Resolution No. 66 -12 is hereby rescinded. Section 2. That the application of Catherine C. Christopherson, the property owner, for voluntary annexation of approximately 0.19 acre of land at 10924 Key West Drive lying outside of the corporate limits of the City of Dubuque, Iowa, as shown on Exhibit A and legally described as Lot 2 -2 -2 Mineral Lot 479, Section 12, Township 88N, Range 2E of the 5th P.M., Dubuque County, Iowa, is hereby approved for annexation to the City of Dubu- que, Iowa. Section 3. That the abutting Dubuque County public right -of -way will be annexed to the centerline of Key West Drive concurrent with the annexation of the subject property in accordance with the provisions of Chapter 368 of the Iowa Code. Section 4. That the abutting State of Iowa public right -of -way for U.S. Highway 61/151wi11 be annexed concurrent with the annexation of the subject property in accordance with the provisions of Chapter 368 of the Iowa Code. Section 5. That, subject to the approval of the Secretary of State, the corporate limits of the City of Dubuque, Iowa, be and they hereby are extended to include the approximately 0.19 acre of annexation territory as shown on Ex- hibit A. Section 6. That the City Council of Dubu- que, Iowa, does hereby certify that the City of Dubuque has complied with the notice and hearing requirements of the Iowa Code per- taining to voluntary annexation of territory out- side an urbanized area of another city. Section 7. That if Secretary of State ap- proves this annexation, the territory hereby annexed shall become a part of Precinct One of Ward One of the City of Dubuque, Iowa. Section 8. That the City Clerk shall file this resolution, all exhibits and the applications for voluntary annexation with the State of Iowa in accordance with the provisions of Chapter 368 of the Iowa Code. Passed, approved and adopted this 19th day of March, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated lim- iting discussion to the City Council. ACTION ITEMS Project HOPE Update: Eric Dregne, Vice President of Programs for the Community Foundation of Greater Dubuque, presented the spring 2012 update on Project HOPE, which included information on the Project HOPE Co- alition, targeting disengaged communities, working for collective impact, objectives, con- necting people to education skills, pathways to employment, and helping families build finan- cial assets. Motion by Connors to receive and file the information. Seconded by Resnick. Motion carried 7 -0. Dubuque Police Department New Uniform Shoulder Patch: Police Chief Mark Dalsing 108 Regular Session, March 19, 2012 Book 142 presented the Dubuque Police Departments new uniform shoulder patch and a brief sum- mary of its development and history. Motion by Jones to receive and file the information. Se- conded by Connors. Motion carried 7 -0. Sunset Ridge Sidewalk Installation Waiver: Correspondence from Freund Law Firm, P.C. on behalf of Timothy and Kelly Sherman re- questing a waiver of the requirement that a sidewalk be installed at 720 Sunset Ridge. Restated motion by Connors to receive and file the documents and approve the waiver. Se- conded by Resnick. Tim Sherman, 720 Sunset Ridge, explained the information he received regarding the sidewalk requirement he re- ceived at the time he purchased the property and built a house after the last street recon- struction and shared neighborhood survey information. Council discussed the intent of the last street reconstruction as it pertained to sidewalk installation on the west side of the street. Motion carried 7 -0. Preliminary Plat - Brickyard Estates: Zon- ing Advisory Commission recommending ap- proval of the Preliminary Plat for Brickyard Estates (Southwest corner of Middle Road and Seippel Road) as requested by Callahan Con- struction, Inc. Motion by Connors to receive and file the documents and approve the rec- ommendation. Seconded by Jones. Motion carried 7 -0. Code of Ordinances — Farmers' Market Amendment: City Manager recommending approval of an amendment to the ordinance that sets for the conditions for the outdoor Farmers' Market around City Hall. Motion by Jones to receive and file the documents and that the requirement that a proposed ordi- nance be considered and voted on for pas- sage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Lynch. Dan LoBianco, Executive Director for Dubuque Main Street provided an explanation of how vendors will designate their items are produced locally or procured elsewhere. Motion carried 7 -0. Motion by Jones for final consideration and passage of Ordinance No. 29 -12 Amending City of Dubuque Code of Ordinances Chapter 4 Central Market, Section 4 -4 -1 Market Area Delineated by Extending the South Boundary of the Market Area; Section 4 -4 -2 Farmers' Market; Display of Merchandise by Providing for the Sale of Goods Which have been Raised, Produced, Procured or Crafted by Local Vendors; and Section 4 -4 -6 Revocation of Permit by Revoking Permits for Goods Sold that were not Raised, Produced, Procured or Crafted by Local Vendors. Seconded by Con- nors. Motion carried 7 -0. OFFICIAL PUBLICATION ORDINANCE NO. 29 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES CHAPTER 4 CENTRAL MARKET, SECTION 4-4-1 MARKET AREA DELINEATED BY EXTENDING THE SOUTH BOUNDARY OF THE MARKET AREA; SEC- TION 4-4-2 FARMERS' MARKET; DISPLAY OF MERCHANDISE BY PROVIDING FOR THE SALE OF GOODS WHICH HAVE BEEN RAISED, PRODUCED, PROCURED OR CRAFTED BY LOCAL VENDORS; AND SECTION 4-4-6 REVOCATION OF PERMIT BY REVOKING PERMITS FOR GOODS SOLD THAT WERE NOT RAISED, PRO- DUCED, PROCURED OR CRAFTED BY LO- CAL VENDORS Section 1. City of Dubuque Code of Ordi- nances § 4 -4 -1 is amended to read as follows: Section 4 -4 -1. Market Area Delineated: The property of the city adjacent to the city hall, together with such parts of the streets and sidewalks located within the area bounded by the south side of Tenth Street, the north side of Thirteenth Street, the west side of Central Avenue and the east side of Main Street, and such distances on Iowa Street between Thir- teenth and Fourteenth Streets on both sides thereof as may be necessary for three (3) standard auto parking stalls, will constitute and be known as the Central Market. Section 2. City of Dubuque Code of Ordinanc- es § 4 -4 -2 is amended to read as follows: The Central Market will be a "farmers' mar- ket" as provided for in the Iowa administrative code and will be subject to the rules relating thereto. lnspections may be conducted by the city manager who is under contract with the state department of inspections and appeals. Subject to such regulation and the limitations and prohibitions set forth hereinafter, any per- son, firm or corporation may display, offer for sale or sell on the streets or sidewalks of the Central Market, flowers, plants, arts, crafts or food items which have been raised, produced, procured or crafted by the local vendor and which are displayed and sold at a stall for which a permit has been issued as provided for in this chapter. Section 3. City of Dubuque Code of Ordinanc- es § 4 -4 -6 is amended to read as follows: In any case where it is found that items displayed, offered for sale or sold have not been raised, produced, procured or crafted by the local vendor, or have been processed, manufactured or crafted by the local vendor in violation of any city ordinance or permit agreement, the permit may be revoked by the city manager. Section 4. This Ordinance shall take effect on publication. Book 142 Regular Session, March 19, 2012 109 Passed, approved and adopted this 19th day of March, 2012. /s /Roy D. Buol, Mayor: Attest: /s /Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 23rd day of March, 2012. /s /Kevin S. Firnstahl, City Clerk Retail Single -Use Plastic Bag Reporting: City Manager requesting approval of an ordi- nance that will require retailers, based on size, to report their purchase and distribution of plastic bags in order to measure community - wide progress towards the adopted goal of reducing single -use plastic bag use 90% by 2017 in Dubuque. Motion by Connors to re- ceive and file the documents and that the re- quirement that a proposed ordinance be con- sidered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Council discussed concerns over the perception of mandatory reporting and relayed concerns by businesses about the data being disclosed publicly. Sustainability Coordinator Cori Burbach and Resource Management Co- ordinator Paul Schultz stated that local retail- ers had been contacted about collaborating on the reduction and that data could be easily gotten from retailer inventory numbers. Ms. Burbach added that data would not be market- ed publicly. Motion failed 5 -2 with Lynch and Resnick voting nay. Motion by Connors to consider the first reading of a proposed ordinance amending City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation and Environment, Chapter 2 Establishments and Hotel Sanita- tion, by Adopting a New Section 6 -2 -2 Single - Use Plastic Bag Reduction. Seconded by Braig. Motion carried 5 -2 with Lynch and Res - nick voting nay. Dubuque Intermodal Center Phase II - TIGER IV Grant Application: City Manager recommending approval of a grant application for funding of Phase II for the Dubuque Inter - modal Transportation Center in the Historic Millwork District. Motion by Braig to receive and file the documents and adopt Resolution No. 81 -12 Endorsing the submission of a Tiger IV Grant application to the Federal Transit Administration (FTA) to fund Phase II of the Intermodal Transportation Center. Seconded by Connors. Motion carried 7 -0. RESOLUTION NO. 81 -12 ENDORSING THE SUBMISSION OF A TIGER IV GRANT APPLICATION TO THE FEDERAL TRANSIT ADMINISTRATION (FTA) TO FUND PHASE II OF THE INTER - MODAL TRANSPORTATION CENTER Whereas, the TIGER IV Grant program provides funding to support the next phase of the new Dubuque Intermodal Transportation Center; and Whereas the TIGER IV program grant ap- plication has over 41% matching and lever- aged funds, (30% City match, 9% leveraged funds from the IDOT, 2% local colleges and IBM match) and 59% federal funds; and Whereas, the City Council finds that Phase II of the Intermodal Transportation Center pro- ject, would create an improved and strength- ened transportation network and connect all modes of transportation, making the City sig- nificantly more attractive to both industry and the citizens of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa hereby endorses the at- tached application to the TIGER IV Discretion- ary Grants Program, which includes for a 30% City match. Section 2. That the City Manager is author- ized to sign, on behalf of the City Council, the application for TIGER IV Discretionary Grant. Passed, approved and adopted this 19th day of March, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Work Session - University of Iowa Inititative for Sustainable Dubuque: City Manager re- questing a work session be set for Tuesday, May 8, at 5:30 p.m. to hear presentations from the students participating in the University of Iowa Initiative for Sustainable Communities partnership with Sustainable Dubuque. Motion by Lynch to receive and file the documents and set the public hearing as recommended. Seconded by Connors. Motion carried 7 -0. COUNCIL MEMBER REPORTS Sutton reported on her attendance at the recent the National League of Cities confer- ence in Washington DC and presented the Intercultural Competence Initiative 2nd Place award that the City of Dubuque received from the League. Connors reported on her attendance at the same conference and pointed out the valuable sessions, which indicated that business and young people are also looking at the whole of a community when looking to relocate. There being no further business, upon mo- tion the City Council adjourned at 8:38 p.m. /s/Kevin S. Firnstahl City Clerk 110 Special & Regular Sessions, April 2, 2012 Book 142 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:30 p.m. on April 2, 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 special session of the City Council called for the purpose of conducting a work session on the 9th Street to 11th Street One -Way to Two - Way Conversion. WORK SESSION 9th Street to 11th Street One -Way to Two -Way Conversion City of Dubuque Civil Engineer Jon Dienst, Julie Neeble of IIW Engineers & Surveyors, and Mike Grunewald of Brown Traffic Control provided a slide presentation on the proposed one -way to two -way conversion of 9th to 11th Streets. Mr. Dienst provided project history and information on the traffic capacity and feasibility studies and intermodal facility cam- pus layout. Ms. Neeble presented an overview of the existing and proposed Hwy 52 routing, geometric and traffic capacity considerations. Mr. Brunwald provided information on the ex- isting downtown traffic system, signal coordi- nation for proposed designs, and residential expectations. City Council discussion included concerns about how the conversion might impact truck parking and loading /unloading for residential and commercial properties within the Historic Millwork District, communicating with the prop- erty owners in the HMD, utilizing public input sessions, and avoiding "mixmaster" geometric configurations. There being no further business, upon mo- tion the City Council adjourned at 6:26 p.m. /s/Kevin S. Firnstahl City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on April 2, 2012 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut- ton; City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the Council. PLEDGE OF ALLEGIANCE MOMENT OF SILENCE PROCLAMATION(S) Kids to Parks Day - May 19, 2012 was accept- ed by Leisure Services Manager Marie Ware; NCAA Division III Identity Initiative Week - April 9 -15, 2012, was accepted by Sue Haf- kemeyer, Director of Community Relations for Loras College, and Bob Quinn, Director of Intercollegiate Athletics for Loras College. PRESENTATION(S) International Society of Arboriculture Award of Achievement: Leisure Services Man- ager Marie Ware introduced John Harthorn, Award Committee Board Member for the Mid- west Chapter of the International Society of Arboriculture who presented City Forester Ste- ve Pregler with the ISA Award of Achievement CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Jones. Motion carried 7 -0. Minutes and Reports Submitted: City Council Proceedings of 3/19, Civil Service Commission of 2/15, Community Development Advisory Commission of 3/21, Historic Preservation Commission of 3/15, Human Rights Commis- sion of 1/9, Library Board of Trustees of 2/23, Sister City Relationships Advisory Commission of 3/21, Library Board of Trustees Updates from Meetings of 2/23 and 3/22. Proofs of Pub- lication for City Council Proceedings of Book 142 Regular Session, April 2, 2012 111 2/23, 3/5 and 3/7. Upon motion the documents were received and filed. Notice of Claims and Suits: Linda Decker for property damage and Erich Vierkant for property damage. Upon motion the documents were received, filed and referred to the City Attorney. Disposition of Claims: City Attorney advis- ing that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Linda Decker for property damage, Erich Vierkant for property damage. Upon motion the documents were received, filed and con- curred. Dubuque Water Sports Club Lease: City Manager recommending approval of the annu- al lease with the Dubuque Water Sports Club (formerly Dubuque Water Ski Club). Upon mo- tion the documents were received, filed, and approved. Hunter Equity, LLC - Assignment of Devel- opment Agreement: City Manager recom- mending approval of the Assignment of the Development Agreement from Hunter Equity, LLC to 2013 Dubuque, LLC (Ruedebusch De- velopment & Construction, Inc.) for the con- struction of an office /distribution facility for Fed -Ex in the Dubuque Industrial Center North Second Addition. Upon motion the documents were received and filed and Resolution No. 81A -12 Approving the Assignment of the De- velopment Agreement between the City of Dubuque, Iowa, and Hunter Equity, LLC to 2013 Dubuque, LLC, was adopted. RESOLUTION NO. 81A -12 APPROVING THE ASSIGNMENT OF THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND HUNTER EQUITY, LLC TO 2013 DUBUQUE, LLC Whereas, the City Council, by Resolution No. 79 -12, dated March 19, 2012, entered into a Development Agreement with Hunter Equity, LLC for the sale of 12.4 acres in the Dubuque Industrial Center North for the construction of an office /distribution facility for Fed -Ex; and Whereas, Hunter Equity, LLC reserved the right to assign the Development Agreement to one of four other developers who also do work for Fed - Ex; and Whereas, Hunter Equity, LLC has agreed to assign the Development Agreement to 2013 Dubuque, LLC which is a limited liability corpora- tion owned by Ruedebusch Development & Construction, Inc. Whereas, it is the determination of the City Council that approval of the assignment of the Development Agreement from Hunter Equity, LLC to 2013 Dubuque, LLC according to the terms and conditions set out in the attached Assignment Relating to Development Agree- ment 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 Assignment Re- lating to Development Agreement by and be- tween the City of Dubuque, Hunter Equity, LLC and 2013 Dubuque, LLC is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Assignment Relating to Development Agreement on behalf of the City and City Clerk is authorized and directed to at- test to his signature. Section 3. That the City Manager is author- ized to take such actions as are necessary to comply with the terms of the Assignment Re- lating to Development Agreement as herein approved. Passed, approved and adopted this 2nd day of April, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Whitewater Creek Bridge Funding Re- quest: Historic Preservation Commission re- questing approval to use $42,487 in Historic District Public Improvement Program (HDPIP) funds for completion of the White Water Creek Bridge Project. Upon motion the documents were received, filed, and approved. Alcohol Compliance Hearing Continuance — Cookin' Something Up: City Manager rec- ommending approval of the request to remove the hearing for Cookin' Something Up from the City Council Agenda on April 2, 2012, to be rescheduled at a later date, pending witness and legal representation availability. Upon motion the documents were received, filed, and approved. Fire Station No. 5 Roof Replacement — Ac- ceptance: City Manager is recommending ac- ceptance of the construction contract for the Fire Station No. 5 Roof Replacement Project, as completed by Giese Roofing Company, in the final contract amount of $27,072. Upon motion the documents were received and filed and Resolution No. 82 -12 Accepting the Fire Station No. 5 Roof Replacement Project and authorizing the payment of the contract amount to the contractor was adopted. 112 Regular Session, April 2, 2012 Book 142 RESOLUTION NO. 82 -12 ACCEPTING THE FIRE STATION NO. 5 ROOF REPLACEMENT PROJECT AND AU- THORIZING THE PAYMENT OF THE CON- TRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Fire Station No. 5 Roof Replacement 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 ac- cepted; 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 Im- provement to Fire Headquarters Capital Im- provement Project appropriation for the con- tract amount of $27,072.00 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such re- tainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 2nd day of April, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE FIRE STATION NO. 5 ROOF REPLACEMENT PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Fire Station No. 5 Roof Re- placement Project, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $47,724.00. Dated this 22nd day of March, 2012. /s /Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 29th day of March, 2012. /s /Kevin S. Firnstahl, City Clerk Fire Department Headquarters Roof Re- placement, 2011 — Acceptance: City Manager recommending acceptance of the construction contract for the Fire Headquarters Roof Re- placement Project - 2011, as completed by Giese Roofing Company, in the final contract amount of $53,390. Upon motion the docu- ments were received and filed and Resolution No. 83 -12 Accepting the Fire Headquarters Roof Replacement Project - 2011 and author- izing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 83 -12 ACCEPTING THE FIRE HEADQUARTERS ROOF REPLACEMENT PROJECT - 2011 AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRAC- TOR Whereas, the Public Improvement Contract for the Fire Headquarters Roof Replacement Project - 2011 (the Project) has been complet- ed and the City Engineer has examined the work and filed a certificate stating that the Pro- ject 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 Im- provements to Fire Headquarters Capital Im- provement Project appropriation for the con- tract amount of $53,390.00 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such re- tainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 2od day of April, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE FIRE HEADQUAR- TERS ROOF REPLACEMENT PROJECT — 2011 The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Fire Headquarters Roof Re- placement Project - 2011, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $53,390.00. Dated this 22nd day of March, 2012. /s /Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 29th day of March, 2012. /s /Kevin S. Firnstahl, City Clerk Safe Routes to School Program Project Agreement: City Manager recommending ap- proval of the Iowa Department of Transporta- tion Agreement for a Safe Routes to School Program Project between the Iowa Depart- ment of Transportation and the City of Dubu- que for funding of Dubuque school safety im- provements. Upon motion the documents were received and filed and Resolution No. 84 -12 Book 142 Regular Session, April 2, 2012 113 Approving the Iowa Department of Transporta- tion (DOT) Agreement for Safe Routes to School Program Project (Iowa DOT Agree- ment 10 -SRTS -011) for Dubuque school safe- ty improvements was adopted. RESOLUTION NO. 84 -12 APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION (DOT) AGREEMENT FOR SAFE ROUTES TO SCHOOL PRO- GRAM PROJECT (IOWA DOT AGREEMENT 10 -SRTS -011) FOR DUBUQUE SCHOOL SAFETY IMPROVEMENTS Whereas, the City of Dubuque has deter- mined that improvements to school zones, as recommended by the Safe Routes to School Master Plan and Committee Members (City, County, ECIA, Dubuque Community School District, and Holy Family School Representa- tives) will improve pedestrian and motorist safety; and Whereas, the Iowa Department of Trans- portation has authorized the use of Safe Routes to School Program funds for Dubuque school safety improvements; and, Whereas, the City of Dubuque is willing to commit the necessary local matching fund for project implementation and upon completion, in cooperation with the Iowa Department of Transportation, be responsible for maintaining and operating the public improvements for a minimum of 10 years. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Section 1. The said Iowa DOT Agreement for Safe Routes to School Program Project (Agreement No. 10 -SRTS -011) between the City of Dubuque and the Iowa Department of Transportation be approved for the Dubuque school safety improvements. Section 2. That the Mayor be authorized and directed to execute two copies of the Iowa DOT Agreement for Safety Routes to School Program Project (Agreement No. 10 -SRTS- 011) for the Dubuque school safety improve- ments. Passed, approved and adopted this 2nd day of April, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Mayor Buol Featured at the Eco- Engineering: Building Sustainable Cities Fo- rum: City Manager transmitting the Eco- Engineering: Building Sustainable Cities pro- gram from the annual Hitachi /Brookings Insti- tute forum held October 6, 2011, which fea- tures Mayor Roy D. Buol. Upon motion the documents were received and filed. Wireless Network License Agreement - Table Mound School Update: City Manager approval of an Amended Wireless Network Equipment License Agreement with Dubuque Community Schools to allow for a 900Mhz antennae and a network connection to be co- located with the existing water meter wireless network equipment at Table Mound School. Upon motion the documents were received, filed, and approved. Wireless Network License Agreement - Wartburg Theological Seminary: City Manager recommending approval of a Water Meter Wireless Network Equipment License Agree- ment between the City of Dubuque and Wart- burg Theological Seminary for placement of an R450 Collector, antennae and telecommunica- tions equipment on a building at Wartburg Theological Seminary. Upon motion the docu- ments were received, filed, and approved. Water Meter Wireless Network Equipment Lease Agreement- DMASWA and Radio Dubuque: City Manager recommending ap- proval of a Water Meter Wireless Network Equipment Lease Agreement in partnership with the Dubuque Metropolitan Area Solid Waste Agency (DMASWA) and Radio Dubu- que. Upon motion the documents were re- ceived, filed, and approved. Sustainable Dubuque Project Status Up- date: City Manager transmitting the monthly Sustainable Dubuque Project Status Update for March 2012. Upon motion the documents were received and filed. 2012 Art on the River Exhibition Selection: Arts and Cultural Affairs Advisory Commission requesting concurrence with the selection of artwork for the 2012 Alt on the River Competi- tion. Upon motion the documents were re- ceived, filed, and approved. Iowa Department of Inspections and Ap- peals New Inter - Agency Agreement: City Manager recommending approval of an inter- agency agreement with the Iowa Department of Inspections and Appeals for performance of food and hotel licensing, inspections and en- forcement with respect to retail food estab- lishments. Upon motion the documents were received, filed, and approved. Improvement Contracts / Performance, Payment and Maintenance Bonds: Madison Street Retaining Wall Emergency Repair Pro- ject - McAuliffe Excavating, Inc. Upon motion the documents were received and filed. Signed Contracts: A) Contract with Fraser Design for services related to the White Water Creek Bridge nomination to the National Reg- ister of Historic Places; B) Short Form Public 114 Regular Session, April 2, 2012 Book 142 Improvement Contract with Great Plains Land- scaping for replacement of the retaining wall at 1561 Parkway; C) Contract with IIW, P.C. for the Northend Trail Lighting Project; D) Con- tract with Presentations for the interpretive signs for the Dubuque Water Trail Project; E) Contract with Terracon Consultants, Inc., for environmental response action services relat- ed to the former maintenance garage site at 925 Kerper Blvd.; F) Miron Construction Co., Change Order No. 14 for the Water Pollution Control Plant Modifications Project. Upon mo- tion the documents were received and filed. Alcohol Compliance Civil Penalty for Alco- hol License Holders- El Paisano Grocery: City Manager recommending approval of the Ac- knowledgment/Settlement Agreement for an alcohol compliance violation for El Paisano Grocery, 1543 Central Avenue. Upon motion the documents were received, filed, and ap- proved. Alcohol License Renewals and Applica- tions: City Manager recommending approval of annual liquor, beer and wine licenses as sub- mitted. Upon motion the documents were re- ceived and filed and Resolution No. 85 -12 Applications for beer, liquor, and /or wine per- mits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Reg- ulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 85 -12 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND /OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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 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 bonds and otherwise complied with the re- quirements 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 author- ized and directed to cause to be issued the following named applicants and permit types. Clarke University, 1550 Clarke Dr., Class C Liquor License (Catering) (Sunday) Kwik Stop C- Stores, 2335 University Ave, Class B Native Wine and Class C Beer Permit (Sunday) McAleece Park & Recreation Complex, 1801 Admiral Sheehy Dr., Class B Beer (In- cludes Wine Coolers)(Outdoor)(Sunday) Fusion, 123 Main St., Class C Liquor Li- cense (Outdoor Sales)(Sunday) Joliet Building Corporation, 781 Locust St, Class C Liquor License (Sunday) The Hub, 253 Main, Class C Liquor Li- cense (Sunday) Passed, approved and adopted this 2nd day of April, 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 pub- lic hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Resnick. Motion carried 7 -0 Second Annexation Request - 10924 Key West Drive: City Manager recommending that a public hearing be set for April 16, 2012 on the second annexation request of Catherine C. Christopherson for an additional parcel at 10924 Key West Drive. Upon motion the doc- uments were received and filed and a public hearing was set for a meeting to commence at 6:30 p.m. on April 16, 2012 in the Historic Federal Building. Fiscal Year 2012 Second Budget Amend- ment: City Manager recommending a public hearing be set for April 16, 2012 to consider Amendment No. 2 to the Fiscal Year 2012 Budget. Upon motion the documents were received and filed and Resolution No. 86 -12 Setting the date for the public hearing on Amendment No. 2 to the Fiscal Year 2012 Budget for the City of Dubuque setting a public hearing for a meeting to commence at 6:30 p.m. on April 16, 2012 in the Historic Federal Building. RESOLUTION NO. 86 -12 SETTING THE DATE FOR THE PUBLIC HEARING ON AMENDMENT NO. 2 TO THE FISCAL YEAR 2012 BUDGET FOR THE CITY OF DUBUQUE Whereas, Iowa Code Section 384.16 pro- vides that the City Council shall set a time and place for a public hearing on amendments to the budget and publish notice before the hear- ing as provided in Iowa Code Section 362.3. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall con- Book 142 Regular Session, April 2, 2012 115 duct a public hearing on proposed Amendment No. 2 to the Fiscal Year 2012 budget for the City of Dubuque at the City Council Chambers at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, on Monday, April 16, 2012, beginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish no- tice of the public hearing, according to law, together with the required budget information. Passed, approved and adopted this 2od day of April 2012. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk BOARDS /COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions; applicant ap- pointments will be made at the next City Council meeting. Environmental Stewardship Advisory Commission: One three -year term through October 1, 2014 (Vacant term of Klostermann). Applicants: Julie Beck, 1390 Glen Oak Street; Andrea Helgager, 40 Main Street, #300. Ms. Beck and Ms. Helgager spoke in support of their respective appointments. Appointments to be made at this meeting: Cable TV Commission: One three -year term through July 1, 2014 (last of 7 newly cre- ated positions) Applicant: Ronald Tigges, 4927 Wildflower Drive. Motion by Connors to ap- point Ronald Tigges to the Cable TV Commis- sion for a three -year term through July 1, 2014. Seconded by Braig. Motion carried 7 -0. PUBLIC HEARINGS Upon motion the rules were suspended al- lowing anyone present to address the City Council. Dubuque Industrial Center South - Grading & Utilities 2012 Project Phase I: Proof of publi- cation on notice of public hearing to consider approval of the plans, specifications, form of contract and the estimated cost for the Dubu- que Industrial Center South Grading and Utili- ties 2012 Project, Phase I and the City Man- ager recommending approval. Motion by Braig to receive and file the documents and adopt Resolution No. 87 -12 Approval of plans, speci- fications, form of contract, and estimated cost for the Dubuque Industrial Center South Grad- ing & Utilities 2012 Project, Phase I. Seconded by Connors. Motion carried 7 -0. RESOLUTION NO. 87 -12 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE DUBUQUE INDUSTRIAL CENTER SOUTH GRADING & UTILITIES — 2012 PROJECT, PHASE I NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Dubuque Industrial Center South Grading & Utilities — 2012 Project, Phase I, in the esti- mated amount $4,744,572, are hereby ap- proved. Passed, adopted and approved this 2nd day of April, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated lim- iting discussion to the City Council. ACTION ITEMS Retail Single -Use Plastic Bag Reporting Ordinance (Second Reading): City Manager requesting approval of an Ordinance that will require retailers, based on size, to report their purchase and distribution of plastic bags in order to measure community -wide progress towards the adopted goal of reducing single - use plastic bag use 90% by 2017 in Dubuque. Motion by Connors to consider the second reading of a proposed ordinance amending City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation and Environment, Chapter 2 Establishments and Hotel Sanita- tion, by Adopting a New Section 6 -2 -2 Single - Use Plastic Bag Reduction. Seconded by Jones. Responding to questions from City Council, Sustainability Coordinator Cori Bur- bach stated that since the March 19 Council meeting, she and Resource Management Co- ordinator Paul Schultz had either meet or talked with additional grocers and retailers and found there was general support for the report- ing; and that smaller, local businesses were more likely to report their information. City Council discussed the need for establishing a base line and offering a voluntary reporting approach first before resorting to one that is ordinance based as well as concerns over attaining the 90 percent goal. City Attorney Lindahl confirmed that information received as part of the reporting process and shared with city staff would be considered public infor- mation. Motion carried 4 -3 with Lynch, Res- nick, and Braig voting nay. Carnegie -Stout Public Library Signs: The Carnegie -Stout Public Library and Historic Preservation Commission submitting recom- mendations regarding the Library's exterior signage at the request of the City Council from the December 20, 2011 meeting. Restated motion by Connors to receive and file the doc- 116 Regular Session, April 2, 2012 Book 142 uments and recommend that the existing sign remain and be painted to blend with the Li- brary building. Seconded by Braig. Library Board Vice President Mike Willis and Historic Preservation Commission Chairperson Dave Klavitter read respective correspondence for the record with corresponding recommenda- tions. Responding to questions from the City Council Planning Services Manager Laura Carstens provided background information on the permit process and explained that the His- toric Preservation Commission, by ordinance, serves as an advisory design review body to the City Council regarding historic preservation issues. Carstens also stated that City is ex- empt from its own regulations. Mayor Buol expressed his concern about setting a prece- dent. Motion failed 3 -4 with Lynch, Resnick, Sutton, and Buol voting nay. Motion by Resnick to require either the Li- brary's Option #4 (pillars replaced with a solid, limestone -faced base) or the alternative pre- sented by the Historic Preservation Commis- sion and referred to as Option #5 (replace pil- lars with colored concrete base no more than 12 inches above the ground) and allowing the Library Board of Trustees to choose. Second- ed by Sutton. Motion carried 6 -1 with Braig voting nay. A.Y. McDonald Contract with Iowa Eco- nomic Development Authority: City Manager recommending Council approval of a Financial Assistance Contract with the Iowa Economic Development Authority for Iowa Values Funds and High Quality Jobs Program Financial As- sistance benefits on behalf of A.Y. McDonald. Motion by Lynch to receive and file the docu- ments and approve Resolution No. 88 -12 Ap- proving an Iowa Values Fund Financial Assis- tance Contract by and among the Iowa Eco- nomic Development Authority, the City of Dubuque and A.Y. McDonald Mfg. Co. Se- conded by Resnick. Motion carried 7 -0. RESOLUTION NO. 88 -12 APPROVING AN IOWA VALUES FUND FI- NANCIAL ASSISTANCE CONTRACT BY AND AMONG THE IOWA ECONOMIC DE- VELOPMENT AUTHORITY, THE CITY OF DUBUQUE AND A.Y. MCDONALD MFG. CO. Whereas, A.Y. McDonald Mfg. Co. applica- tion was approved by the Iowa Economic De- velopment Authority on December 16, 2011; and Whereas, the Iowa Economic Development Authority has prepared and submitted for City Council approval a contract relating to Iowa Values Fund Financial Assistance benefits for A.Y. McDonald Mfg. Co., a copy of which is attached hereto and by this reference made a part hereof; and Whereas, the City Council finds that the proposed contract is acceptable and neces- sary 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 Devel- opment Authority Iowa Values Fund Financial Assistance contract, Number 12- IVF/TC -044, is hereby approved. Section 2. That the Mayor is hereby au- thorized and directed to execute the Contract on behalf of the City of Dubuque and forward the executed copy to the Iowa Economic De- velopment Authority for their approval. Passed, approved, and adopted this 2nd day of April, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Environmental Protection Agency (EPA) Green Infrastructure Program - Letter of Inter- est: City Manager recommending approval for the Mayor to execute a letter for the Environ- mental Protection Agency (EPA) Green Infra- structure Program, which requests that the City of Dubuque be included in the EPA Green Infrastructure Program. Motion by Braig to receive and file the documents and approve the recommendation. Seconded by Connors. Motion carried 7 -0. COUNCIL MEMBER REPORTS Resnick reported on his attendance at the Taste of the World event held March 31 at Five Flags adding that it was a wonderful event that embraces cultural differences. Lynch reported on the success of the Dubuque Area Chamber of Commerce's Danc- ing with the Stars — Dubuque Style and acknowledged the Judges' Choice Award re- ceived by Assistant City Manager Cindy Stein - h auser. There being no further business, upon mo- tion the City Council adjourned at 7:49 p.m. /s/Kevin S. Firnstahl City Clerk Book 142 Regular Session, April 16, 2012 117 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6.30 p.m. on April 16, 2012 in the Historic Federal Building. Present: Mayor Pro -Tem Jones; Council Members Braig, Connors, Lynch, Resnick, Sutton; City Manager Van Milligen, Assistant City Attorney Brumwell Absent: Mayor Buol, City Attorney Lindahl Mayor Pro -Tem Jones read the call and stated this is a regular session of the City Council to act upon such business that may properly come before the Council. PLEDGE OF ALLEGIANCE MOMENT OF SILENCE PROCLAMATION(S) Week of the Young Child (April 22 -28, 2012) was accepted by Sherri Edwards, Direc- tor, Dubuque County Early Childhood, 2728 Asbury Road. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Rensick. Motion carried 6 -0. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 1/24 and 2/28, Cable TV Commission of 4/3, City Council proceedings of 4/2, Civil Service Commission of 3/15 and 4/6, Housing Com- mission of 3/27, Housing Trust Fund Commit- tee of 8/19/11 and 4/4/12, Transit Advisory Board of 3/8, Zoning Advisory Commission of 4/4, Zoning Board of Adjustment of 3/22 Proofs of publication for City Council pro- ceedings of 3/19 and List of Claims and Sum- mary of Revenues for Month Ending 2/29 Upon motion the documents were received and filed. Review of Denial of Claim by Gary and Shirley Jameson: City Attorney recommending denial of an appeal of a claim against the City for property damage filed by Gary and Shirley Jameson. Upon motion the documents were received, filed and concur with denial. Intermodal Contract Amendment 3: City Manager is transmitting information on Amendment 3 to the Intermodal Contract with IIW Engineers for selection of an Intermodal site and extra work required regarding the lo- cation of a bus storage facility. Upon motion the documents were received, filed, and ap- proved. Intermodal Contract Amendment 4: City Manager transmitting information on Amend- ment 4 to the Intermodal Contract with IIW Engineers for selection of an Intermodal site and extra work required related to an environ- mental review of the rail line and overnight location site for passenger rail service. Upon motion the documents were received, filed, and approved. 2012 -2013 Urban Deer Management Plan: City Manager recommending approval of the 2012 -2013 City of Dubuque Urban Deer Man- agement Plan. Upon motion the documents were received, filed, and approved. 2011 National Park Service (NPS) Reports: City Manager transmitting the 2011 National Park Service (NPS) Annual Products Report and Baseline Questionnaire. Upon motion the document was received and filed. New Terminal Aircraft Deice Fluid (ADF) Containment/Collection Project: City Manager recommending approval of funding the Aircraft Deice Fluid (ADF) Containment facility in the Fiscal Year 2013 budget rather than the Fiscal Year 2014 budget. Upon motion the docu- ments were received, filed, and approved. Five Flags Center - Fiscal Year 2013 De- tailed Operating Budget: City Manager rec- ommending approval of the Fiscal Year 2013 Five Flags Center proposed operating budget submitted by SMG. Upon motion the docu- ments were received, filed, and approved. Flood Disaster Legislative Amendment: City Manager recommending approval of a contract with David Adelman of Cornerstone in the amount of $7,500 to assist City staff in amending House File 2465 to provide eligibility for the City of Dubuque's Bee Branch project for State of Iowa Flood Disaster money. Upon motion the documents were received, filed, and approved. Acceptance of Storm Sewer Easements - 2600 and 2608 Matthew John Drive: City Manager recommending acceptance of storm sewer easements from Gerald D. and Patricia H. Richard and James F. and Karilyn M. Stef- fen for a storm sewer extension across 2600 and 2608 Matthew John Drive. Upon motion 118 Regular Session, April 16, 2012 Book 142 the documents were received and filed and Resolution No. 89 -12 Accepting the grant of an easement for storm sewer under and across Lot 2 Harvest View Estates 4th Addition in the City of Dubuque, Dubuque County, Iowa; and Resolution No. 90 -12 Accepting the grant of an easement for storm sewer under and across Lot 3 Harvest View Estates 4th Addition in the City of Dubuque, Dubuque County, Iowa, were adopted. RESOLUTION NO. 89 -12 ACCEPTING THE GRANT OF AN EASE- MENT FOR STORM SEWER UNDER AND ACROSS LOT 2 HARVEST VIEW ESTATES 4TH ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, James F. and Karilyn M. Steffen have executed a Grant of Easement for Storm Sewer through, under and across Lot 2 Har- vest View Estates 4th Addition in the City of Dubuque, Dubuque County, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grant of Easement for Storm Sewer through, under and across Lot 2 Harvest View Estates 4th Addition in the City of Dubuque, Dubuque County, Iowa, from James F. and Karilyn M. Steffen, a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 16th day of April, 2012. Ric W. Jones, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 90 -12 ACCEPTING THE GRANT OF AN EASE- MENT FOR STORM SEWER UNDER AND ACROSS LOT 3 HARVEST VIEW ESTATES 4TH ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Gerald D. and Patricia H. Rich- ard have executed a Grant of Easement for Storm Sewer through, under and across Lot 3 Harvest View Estates 4th Addition in the City of Dubuque, Dubuque County, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grant of Easement for Storm Sewer through, under and across Lot 3 Harvest View Estates 4th Addition in the City of Dubuque, Dubuque County, Iowa, from Gerald D. and Patricia H. Richard, a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 16th day of April, 2012. Ric W. Jones, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk Landfill Equipment Operator Position: City Manager recommending approval to create one additional Landfill Equipment Operator position. Upon motion the documents were received, filed, and approved. Dubuque Metropolitan Area Solid Waste Agency (DMASWA): Correspondence from the Dubuque Metropolitan Area Solid Waste Agency (DMASWA) notifying the City that DMASWA is extending the Waste Delivery Contract with the City for an additional one - year term commencing July 1, 2012 through June 30, 2013. Upon motion the documents were received and filed. Civil Service Commission: Civil Service Commission submitting the certified lists for the positions of Bus Operator, Firefighter, Fire Equipment Operator, Fire Lieutenant, Fire Captain, EMS Supervisor, Assistant Fire Chief, and Assistant Fire Marshal. Upon motion the documents were received, filed and made a Matter of Record. March 15, 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 Bus Operator was administered on February 28, 2012. We hereby certify that the individuals listed below have passed this written examina- tion 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. Bus Operator Steve Heinz Douglas Brehm Jeffrey Welp Larry Maule Joyce Lucas Respectfully submitted, Daniel White, Chairperson Betty Takes Civil Service Commission Book 142 Regular Session, April 16, 2012 119 April 6, 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 Fire Entry was administered on March 3, 2012. We hereby certify that the individuals listed below have passed this written examina- tion and the vacancy for this position should be made from this list and that this list is good for one (1) year from above date. Fire Entry Douglas Merkes Kyle Mueller Ryan Kieffer Daniel Dietzel Daniel Dietzel Brandon Rondeau Kyle DuPrey Travis Kirby Michael Breitbach Bradley Soat Mitchell Smith Corey LuGrain Kyley Fentress Jeff Schmitt Scott Brachman Samual Janecke Robert Reed Jason Staner Alexander Miller Kenneth Syverson Andrew Sprenglemeyer Elliot McAllister Ryan Haxmeier Ross Dillavon Robert Klaren Daniel Congdon Corey Braunschweig Susanna Duggan Jacob Reiff Noel Spencer - Motyko Adam Kahler Anthony Ambrosy Seth Haan Amos Langolis Matthew Spangler Kenneth Syverson Eric Blaser Cory McFarland Benjamin Olberding Timothy Schmidt Shawn Mercer Respectfully submitted, Daniel White, Chairperson Betty Takes Civil Service Commission April 6, 2012 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, examinations for the positions of Fire Equipment Operator, Fire Lieutenant, Fire Captain, EMS Supervisor, Assistant Fire Chief, and Assistant Fire Marshal were given on March 6 -8, 2012. We hereby certify that the individuals listed below have passed these written examinations and the vacancy for these positions should be made from this list and that this list is good for one (2) years from above date. Fire Equipment Operator Michael Lynch Morgan Fitter Brad Kruse Jeff Powers Brian McAuliffe Mark Weitz Derek Paulson Jason Lueken Amie Wilson Michael Kuhn Martin Fitzpatrick Fire Lieutenant Joshua Knepper Derek Paulson Nicholas Esch David McQuiggin Morgan Fitter Michael Lynch Amie Wilson David Beaves David Grass Brian McAuliffe Fire Captain Kevin Esser David McQuiggin Calvin Motsch David Grass Dennis Bradley James Abitz Ted George Steve Berkley EMS Supervisor Dennis Bradley David Grass Assistant Fire Chief Mark Burkle Larry Ewert Assistant Fire Marshal Jesse Coulson David Grass Joseph Blodgett Christopher Miller Calvin Motsch Wayne Dow Respectfully submitted, Daniel White, Chairperson Betty Takes Civil Service Commission Signed Contracts: Short Form Improve- ment Contract with Fischer Brothers, LLC for the Sutton Pool Water Slide Refinishing. Upon motion the document was received and filed. Cookin' Something Up - Order Setting Hearing: City Manager recommending that the City Council reschedule the April 2, 2012 Al- cohol Compliance Hearing for Cookin' Some- thing Up until June 4, 2012, due to a conflict for their legal representative. Upon motion the documents were received, filed, and approved. 120 Regular Session, April 16, 2012 Book 142 Alcohol Compliance Civil Penalty for Alco- hol License Holders - Adobo's Mexican Grill: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Adobo's Mexi- can Grill, 756 Main Street. Upon motion the documents were received, filed, and approved. Alcohol and Tobacco License Applications: City Manager recommending approval of an- nual liquor, beer, wine and tobacco license as submitted. Upon motion the documents were received and filed and Resolution No. 91 -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; and Resolution No. 92 -12 Approving applications for retail cigarette /tobacco sales permits, as required by Iowa Code 453A.47A were adopted. RESOLUTION NO. 91 -12 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND /OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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 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 bonds and otherwise complied with the re- quirements 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 author- ized and directed to cause to be issued the following named applicants and permit types. 16th Street Auto/Truck Plaza, 1215 E 16th St., Class C Beer, Class B Native Wine (Sun- day) Catfish Festival, McDonald Park, Special 5 Day Class B Beer Includes Wine Coolers (Outdoor) Dubuque County Fine Arts Society, 489 Fourth St., Special 5 Day Class C Liquor BeerNVine (Outdoor)(Sunday) Dubuque and All that Jazz (06- 15)(07- 20)(08- 17)(09 -07), Town Clock Plaza, 7th and Main St., Special 5 Day Class B Beer Includes Wine Coolers (Outdoor) Dubuque Golf & Country Club, 1800 Ran- dall PI., Class A Liquor (Private Club) Dubuque Jaycees, Inc. (ARF), 501 Bell St., Special 5 day Class B Beer Includes Wine Coolers (Outdoor)(Sunday) Kmart # 4018, 2600 Dodge St., Class B Wine, Class C Beer (Sunday) Carryout Wine) Kwik Stop Food Mart, 2360 Central Ave., Class E Liquor, Class B Native Wine, Class C Beer (Carryout)(Sunday) Marco's Italian American Food, 2022 Cen- tral Ave., Class C Liquor Oky Doky #1, 250 W 1st St., Class C Beer, Class B Wine (Carryout Wine) (Sunday) Paro Food Mart, 3200 Central Ave., Class C Beer (Sunday) Ron's Discount Smokes & Beverage Cen- ter, 1450 Loras Blvd., Class C Beer (Sunday) Ron's Five Point Mart, 405 Rhomberg Ave., Class C Beer (Sunday) Tobacco Outlet Plus #504, 806 Wacker Dr. Suite 140, Class C Beer, Class B Native Wine (Sunday) West Dubuque Tap, 1701 Asbury Rd., Class C Liquor (Sunday) Passed, approved and adopted this 16th day of April, 2012. Ric W. Jones, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 92 -12 APPROVING APPLICATIONS FOR RETAIL CIGARETTE/TOBACCO SALES PERMITS, AS REQUIRED BY IOWA CODE 453A.47A Whereas, applications for Ciga- rette/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 oth- erwise 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 author- ized and directed to cause to be issued the following named applicants and locations for cigarette /tobacco sales permit. Bob's Bodega, 197 Main St., Expiration Date June 30, 2012 Passed, approved and adopted this 16th day of April, 2012. Ric W. Jones, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk Book 142 Regular Session, April 16, 2012 121 ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the pub- lic hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Resnick. Motion carried 6 -0. General Corporate Purpose General Obli- gation Bonds - $475,000: City Manager rec- ommending that a public hearing be set for May 7, 2012, on the proposition of selling not to exceed $475,000 in General Obligation Bonds, the proceeds of which will be used to pay costs of repainting the Library mezzanine ceiling and installation of security cameras in the Locust Street Ramp. Upon motion the documents were received and filed and Reso- lution No. 93 -12 Fixing date for a meeting on the proposition of the issuance of not to ex- ceed $475,000 of General Obligation Bonds and providing for publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 7, 2012 in the Historic Federal Building. RESOLUTION NO. 93 -12 FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $475,000 OF GENERAL OBLI- GATION BONDS AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa, is in need of funds to carry out certain general cor- porate purpose projects as hereinafter de- scribed; and, it is deemed necessary that it should issue general obligation bonds to the amount of not to exceed $475,000 as author- ized by Section 384.26(5) of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and Whereas, said City has a population of more than 5,000, but not more than 75,000, and the amount of said proposed bond issue is not more than $700,000; and Whereas, before said bonds may be is- sued, it is necessary to comply with the provi- sions of Chapter 384 of the City Code of Iowa, and to publish a notice of the proposal to issue such bonds 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 7th day of May, 2012, for the purpose of taking action on the matter of the issuance of not to exceed $475,000 of General Obligation Bonds, the proceeds of which bonds will be used to provide funds to pay costs of the acquisition and installation of security cameras in the Lo- cust Ramp, and Library repairs and improve- ments, and shall bear interest at a rate not exceeding the maximum specified in the at- tached notice. 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, pub- lished at least once weekly, and having gen- eral 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. The notice of the proposed ac- tion to issue said bonds shall be in substantial- ly the [provided] form: Passed and approved this 16th day of April, 2012. Ric W. Jones, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk General Corporate Purpose General Obli- gation Bonds - $600,000: City Manager rec- ommending that a public hearing be set for May 7, 2012, on the proposition of selling not to exceed $600,000 in General Obligation Bonds, the proceeds of which will be used to pay costs of City Hall exterior brick work. Upon motion the documents were received and filed and Resolution No. 94 -12 Fixing date for a meeting on the proposition of the issuance of not to exceed $600,000 of General Obligation Bonds and providing for publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 7, 2012 in the Historic Federal Building. RESOLUTION NO. 94 -12 FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $600,000 OF GENERAL OBLI- GATION BONDS AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa, is in need of funds to carry out certain general cor- porate purpose projects as hereinafter de- scribed; and, it is deemed necessary that it should issue general obligation bonds to the amount of not to exceed $600,000 as author- ized by Section 384.26(5) of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and Whereas, said City has a population of more than 5,000, but not more than 75,000, and the amount of said proposed bond issue is not more than $700,000; and Whereas, before said bonds may be is- sued, it is necessary to comply with the provi- sions of Chapter 384 of the City Code of Iowa, and to publish a notice of the proposal to issue such bonds and the right to petition for an election. NOW, THEREFORE, BE IT RESOLVED 122 Regular Session, April 16, 2012 Book 142 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 7th day of May, 2012, for the purpose of taking action on the matter of the issuance of not to exceed $600,000 of General Obligation Bonds, the proceeds of which bonds will be used to provide funds to pay costs of City Hall repairs and improvements, including brick tuck - pointing, and shall bear interest at a rate not exceeding the maximum specified in the at- tached notice. 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, pub- lished at least once weekly, and having gen- eral 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. The notice of the proposed ac- tion to issue said bonds shall be in substantial- ly the [provided] form: Passed and approved this 16th day of April, 2012. Ric W. Jones, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk General Corporate Purpose General Obli- gation Borrowing - $700,000: City Manager recommending that a public hearing be set for May 7, 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 Fire Station improvements, Five Flags Arena roof and light fixtures replacement and replacement of the Grand River Center outdoor sign. Upon motion the documents were received and filed and Resolution No. 95- 12 Fixing date for a meeting on the proposition of the issuance of not to exceed $700,000 of General Obligation Bonds and providing for publication of notice thereof was adopted set- ting a public hearing for a meeting to com- mence at 6:30 p.m. on May 7, 2012 in the His- toric Federal Building. RESOLUTION NO. 95 -12 FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 OF GENERAL OBLI- GATION BONDS AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa, is in need of funds to carry out certain general cor- porate purpose projects as hereinafter de- scribed; and, it is deemed necessary that it should issue general obligation bonds to the amount of not to exceed $700,000 as author- ized by Section 384.26(5) of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and Whereas, said City has a population of more than 5,000, but not more than 75,000, and the amount of said proposed bond issue is not more than $700,000; and Whereas, before said bonds may be is- sued, it is necessary to comply with the provi- sions of Chapter 384 of the City Code of Iowa, and to publish a notice of the proposal to issue such bonds 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 7th day of May, 2012, for the purpose of taking action on the matter of the issuance of not to exceed $700,000 of General Obligation Bonds, the proceeds of which bonds will be used to provide funds to pay costs of the reconstruc- tion, repair and improvement of Fire Station #4, the Civic Center and the Grand River Con- ference Center, and shall bear interest at a rate not exceeding the maximum specified 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 said meeting in a legal newspaper, printed wholly in the English language, pub- lished at least once weekly, and having gen- eral 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. The notice of the proposed ac- tion to issue said bonds shall be in substantial- ly the [Provided] form: Passed and approved this 16th day of April, 2012. Ric W. Jones, Mayor Pro Tem Attest: Kevin S., Firnstahl, City Clerk Essential Corporate Purpose General Ob- ligation Bonds - $8,650,000: City Manager recommending that a public hearing be set for May 7, 2012, on the proposition of selling not to exceed $8,650,000 in General Obligation Bonds, the proceeds of which will be used to pay costs of water and sanitary utility exten- sions from Technology Park South to the Air- port, relocation of E911 equipment to a differ- ent tower, replacement of a Fire pumper truck, roof replacement at Bunker Hill, improvements at Bunker Hill and Flora and Sutton pools, lo- cal match of Federal Emergency Management Agency Flood Buyout Program for properties sustaining substantial damage in the July 2011 flood event, Airport improvements including Book 142 Regular Session, April 16, 2012 123 local match on the New Terminal project and sanitary sewer, storm water and water im- provements. Upon motion the documents were received and filed and Resolution No. 96 -12 Fixing date for a meeting on the proposition of the issuance of not to exceed $8,650,000 General Obligation Bonds (for Essential Cor- porate Purposes) of the City of Dubuque, Io- wa, and providing for publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 7, 2012 in the Historic Federal Building. RESOLUTION NO. 96 -12 FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $8,650,000 GENERAL OBLI- GATION BONDS (FOR ESSENTIAL COR- PORATE PURPOSES) OF THE CITY OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF Whereas, it is deemed necessary and ad- visable that the City of Dubuque, Iowa, should issue General Obligation Bonds, to the amount of not to exceed $8,650,000, 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 pro- jects as hereinafter described; and Whereas, before the Bonds may be issued, it is necessary to comply with the provisions of the Code, and to publish a notice of the pro- posal to issue such Bonds and of the time and place of the meeting at which the Council pro- poses to take action for the issuance of the Bonds and to receive oral and /or written objec- tions 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 7th day of May, 2012, for the purpose of taking action on the matter of the issuance of not to exceed $8,650,000 General Obligation Bonds, for essential corporate purposes of the City, the proceeds of which Bonds will be used to provide funds to pay costs of reconstruction, extension and improvement of the Dubuque Regional Airport; E911 Tower relocation; equipping the municipal fire department; reha- bilitation and improvement of existing City parks; FEMA land buyouts for the acquisition and demolition of abandoned, dilapidated or dangerous buildings, structures or properties, and the remediation of property and buildings damaged by a disaster under Iowa Code Sec- tion 29C.2 which are located in an area de- clared a disaster emergency by the President of the United States; acquisition, construction, extension and improvement of works and fa- cilities useful for the collection, treatment and disposal of sewage and industrial waste and for the collection and disposal of surface water and streams, acquisition, construction, im- provement, repair and equipping of the munic- ipal water utility and real and personal property useful for providing potable water. 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 Division III of the City Code of Iowa, the Council hereby elects the "essential corporate purpose" classification and procedure with respect to each such pro- ject 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 language, pub- lished at least once weekly, and having gen- eral 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 meet- ing on the issuance of the Bonds. Section 4. The notice of the proposed ac- tion to issue the Bonds shall be in substantially the [provided] form: Passed and approved this 16th day of April, 2012. Ric W. Jones, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk Urban Renewal General Obligation Bonds - $5,575,000: City Manager recommending that a public hearing be set for May 7, 2012 on the proposition of selling not to exceed $5,575,000 in General Obligation Urban Re- newal Bonds, the proceeds of which will be used to fund urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Amended and Restate Urban Renewal Plans for Greater Downtown and Dubuque Industrial Center Urban Renewal Areas, including those costs associated with the expansion of Dubuque Industrial Center West to farmland known as South Siegert Farm and costs associated with Washington Neighborhood Subarea (Includes BIuffNVest Locust) Building Incentive & Rehabilitation Program. This program provides low- interest loans and grants for rehabilitation and adaptive reuse of buildings in the Greater Downtown Urban Renewal District Washington Neighbor- hood Subarea. Upon motion the documents were received and filed and Resolution No. 97- 12 Fixing date for a meeting on the proposition of the issuance of not to exceed $5,575,000 General Obligation Bonds (for Essential Cor- porate Purposes) of the City of Dubuque, Io- wa, and providing for publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on 124 Regular Session, April 16, 2012 Book 142 May 7, 2012 in the Historic Federal Building. RESOLUTION NO. 97 -12 FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $5,575,000 GENERAL OBLI- GATION BONDS (FOR ESSENTIAL COR- PORATE PURPOSES) OF THE CITY OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF Whereas, it is deemed necessary and ad- visable that the City of Dubuque, Iowa, should issue General Obligation Bonds, to the amount of not to exceed $5,575,000, as authorized by Sections 384.24(3)(q) and 403.12, of the City Code of Iowa, for the purpose of providing funds to pay costs of carrying out essential corporate purpose (urban renewal) projects as hereinafter described; and Whereas, before the Bonds may be issued, it is necessary to comply with the provisions of the Code, and to publish a notice of the pro- posal to issue such Bonds and of the time and place of the meeting at which the Council pro- poses to take action for the issuance of the Bonds and to receive oral and /or written objec- tions from any resident or property owner of the City to such action, and to publish a notice of the proposal to issue such Bonds 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 7th day of May, 2012, for the purpose of taking action on the matter of the issuance of not to exceed $5,575,000 General Obligation Bonds, for essential corporate 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 ur- ban renewal project activities under Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plans for the Dubu- que Industrial Center West Economic Devel- opment District and the Greater Downtown Urban Renewal District, including those costs associated with grading, road construction, bridge, utilities extensions and development of a recreation area on the South Siegert Farm area of DICW and the funding of development incentives in the Washington Neighborhood Subarea of the Greater Downtown Urban Re- newal District. 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 Division III of the City Code of Iowa, the Council hereby elects the "essential corporate purpose" classification and procedure with respect to each such pro- ject 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 language, pub- lished at least once weekly, and having gen- eral 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 4. The notice of the proposed ac- tion to issue the Bonds shall be in substantially the [Provided] form: Passed and approved this 16th day of April, 2012. Ric W. Jones, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk BOARDS /COMMISSIONS Environmental Stewardship Advisory Commission: One three -year term through October 1, 2014 (Vacant term of Klostermann). Applicants: Julie Beck, 1390 Glen Oak Street; Andrea Helgager, 40 Main Street, #300. Upon roll -call vote of 5 -1 (Sutton voting for Helgag- er), Julie Beck was appointed to the Environ- mental Stewardship Advisory Commission for a three -year term through October 1, 2014. PUBLIC HEARINGS Request to Amend Planned Unit Develop- ment - Asbury Plaza (Tabled from March 5, 2012): Proof of publication on notice of public hearing to consider a request by O'Connor & Thomas, P.C., Asbury Dubuque, LC, and Richardson Investments, LLC to amend the Asbury Plaza Planned Unit Development to allow for a right -in /right -out access to the Northwest Arterial and to amend the list of permitted uses, height and sign regulations and the Zoning Advisory Commission recom- mending approval. City Manager recommending additional amendments to the Asbury Plaza Planned Unit Development. Correspondence from O'Connor & Thomas on behalf of the developers requesting that the request to amend the Planned Unit Develop- ment for Asbury Plaza be tabled to June 18, 2012. Motion by Connors to remove from the table. Seconded by Resnick. Motion carried 6- 0. Motion by Connors to table to June 18, 2012. Seconded by Lynch. Motion carried 6 -0. Upon motion the rules were suspended to allow anyone present to address the City Council. Book 142 Regular Session, April 16, 2012 125 Request to Rezone - 1700 Block of Rhom- berg Avenue: Proof of publication on notice of public hearing to consider a request from Mike Portzen / Holy Spirit Parish to rezone property located in the 1700 block of Rhomberg Avenue from R -2A Two - Family Residential District to R -4 Multi - Family Residential District and the Zoning Advisory Commission recommending approval. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Lynch. Planning Services Laura Carstens provided a staff re- port. Developer Mike Portzen stated that there will be 32 units available for sale and that rent- ing the units until they are purchased may also be an option. Portzen added that background checks and covenants will be included in ten - ant/buyer agreements. Motion carried 6 -0. Motion by Connors for final consideration and passage of Ordinance No. 30 -12 Amend- ing Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located in the 1700 block of Rhomberg Avenue from R -2A Alternate Two - Family Residential District to R -4 Multi - Family Residential District. Seconded by Braig. Motion carried 6 -0. OFFICIAL PUBLICATION ORDINANCE NO. 30 -12 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLAS- SIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED IN THE 1700 BLOCK OF RHOMBERG AVENUE FROM R -2A AL- TERNATE TWO- FAMILY RESIDENTIAL DISTRICT TO R-4 MULTI - FAMILY RESI- DENTIAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, is hereby amended by reclassi- fying the hereinafter described property from R -2A Alternate Two- Family Residential District to R -4 Multi - Family Residential District, to wit: SW 29'2" of Lot 270, Lot 271 and NE 20'10" of Lot 270, Lots 272, 273, 274, 275, 276, 277 Ham's Addition, and Lots 234, 235, 236, 237, 238, 239, 240 and 241 Ham's Addi- tion, and to the centerline of the adjoining pub- lic right -of -way, all in the City of Dubuque, Io- wa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Io- wa. Section 3. This Ordinance shall take effect upon publications, as provided by law. Passed, approved and adopted this 16th day of April, 2012. /s /Ric W. Jones, Mayor Pro -Tem Attest: /s /Kevin S. Firnstahl, City Clerk Published officiallK in the Telegraph Herald newspaper the 20t day of April, 2012. /s /Kevin S. Firnstahl, City Clerk Second Annexation Request - 10924 Key West Drive: Proof of publication on notice of public hearing to consider a second annexa- tion request of Catherine C. Christopherson for an additional parcel at 10924 Key West Drive and the City Manager recommending approv- al. Motion by Lynch to receive and file the documents and adopt Resolution No. 98 -12 Approving application for voluntary annexation of territory to the City of Dubuque, Iowa. Se- conded by Connors. Motion carried 6 -0. RESOLUTION NO. 98 -12 APPROVING APPLICATION FOR VOLUN- TARY ANNEXATION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA Whereas, Catherine C. Christopherson, the property owner, has submitted a written appli- cation for voluntary annexation of approxi- mately 0.05 acre of land at 10924 Key West Drive to the City of Dubuque, Iowa; and Whereas, the annexation territory is not subject to an existing annexation moratorium agreement; and Whereas, the annexation territory does not include any railroad property; and Whereas, Iowa Code section 368.7 author- izes the extension of City limits in situations of this character by adoption of a resolution after notification and public hearing; and Whereas, this annexation is consistent with the Comprehensive Plan of the City of Dubu- que; and Whereas, the City of Dubuque has the ca- pacity to provide substantial municipal services to the annexation territory; and Whereas, the annexation is in the public in- terest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the application of Catherine C. Christopherson, the property owner, for voluntary annexation of approximately 0.05 acre of land at 10924 Key West Drive, legally described as Lot 1 of Mineral Lot 479 lying west of Hwy, and adjoining property owned by Iowa Department of Transportation (IDOT) in the Highway right -of -way and legally described as Kerrigan Road Hgts — Lot 1A, all lying out- side of the corporate limits of the City of Dubu- que, Iowa, in Section 12, Township 88N, Range 2E of the 5th P.M., Dubuque County, Iowa, as shown on Exhibit A, is hereby ap- 126 Regular Session, April 16, 2012 Book 142 proved for annexation to the City of Dubuque, Iowa. Section 2. That the abutting Dubuque County public right -of -way will be annexed to the centerline of Key West Drive concurrent with the annexation of the subject property in accordance with the provisions of Chapter 368 of the Iowa Code. Section 3. That the abutting State of Iowa public right -of -way for U.S. Highway 61/151 will be annexed concurrent with the annexation of the subject property in accordance with the provisions of Chapter 368 of the Iowa Code. Section 4. That, subject to the approval of the Secretary of State, the corporate limits of the City of Dubuque, Iowa, be and they hereby are extended to include the approximately 0.19 acre of annexation territory as shown on Ex- hibit A. Section 5. That the City Council of Dubu- que, Iowa, does hereby certify that the City of Dubuque has complied with the notice and hearing requirements of the Iowa Code per- taining to voluntary annexation of territory out- side an urbanized area of another city. Section 6. That if Secretary of State ap- proves this annexation, the territory hereby annexed shall become a part of Precinct One of Ward One of the City of Dubuque, Iowa. Section 7. That the City Clerk shall file this resolution, all exhibits and the applications for voluntary annexation with the State of Iowa in accordance with the provisions of Chapter 368 of the Iowa Code. Passed, approved and adopted this 16th day of April, 2012. Ric W. Jones, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk Fiscal Year 2012 Budget Amendment No. 2: Proof of publication on notice of public hear- ing to consider the second Fiscal Year 2012 Budget Amendment, which amends the Fiscal Year 2012 budget for City Council actions, and the City Manager recommending approval. Motion by Connors to receive and file the doc- uments and adopt Resolution No. 99 -12 Amending the current budget for the Fiscal Year ending June 30, 2012 (as amended last on September 29, 2011). Seconded by Braig. Motion carried 6 -0. RESOLUTION NO. 99 -12 A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2012 (AS AMENDED LAST ON 09/19/2011). Be it resolved by the Council of the City of Dubuque; Section 1. Following notice published 4 -12- 2012 and the public hearing held, 04/16/2012 the current budget (as previously amended) is amended as set out herein and in the detail by fund type and activity that supports this resolu- tion which was considered at that hearing: Book 142 Regular Session, April 16, 2012 127 Passed this 16th day of April, 2012. /s /Ric W. Jones, Mayor Pro Tem /s /Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. Total Budget as certified or last amended 20,559,847 Current Amendment 0 Total Budget after Current Amendment 20,559,847 Revenues & Other Financing Sources Taxes Levied on Property 1 Less: Uncollected Property Taxes -Levy Year 2 0 0 0 Net Current Property Taxes 3 20,559,847 0 20,559,847 Delinquent Property Taxes 4 0 0 0 TIF Revenues 5 10,151,097 0 10,151,097 Other City Taxes 6 14,904,342 0 14,904,342 Licenses & Permits 7 1,254,672 0 1,254,672 Use of Money and Property 8 12,774,846 59,686 12,834,532 Intergovernmental 9 93,300,233 - 6,513,877 86,786,356 Charges for Services 10 32,839,797 -895 32,838,902 Special Assessments 11 441,100 1,437,235 1,878,335 Miscellaneous 12 8,190,899 - 43,358 8,147,541 Other Financing Sources 13 104,119,675 3,623,762 107,743,437 Total Revenues and Other Sources 14 298,536,508 - 1,437,447 297,099,061 Expenditures & Other Financing Uses 24,690,365 161,433 24,851,798 Public Safety 15 Public Works _ 16 12,038,363 39,600 12,077,963 Health and Social Services _ 17 1,020,504 -6,462 1,014,042 Culture and Recreation 18 9,999,106 395,445 10,394,551 Community and Economic Development 19 13,348,997 - 444,636 12,904,361 General Government 20 7,146,386 19,000 7,165,386 Debt Service 21 7,019,294 - 85,000 6,934,294 Capital Projects 22 109,660,157 - 9,486,563 100,173,594 Total Government Activities Expenditures 23 184,923,172 - 9,407,183 175,515,989 Business Type / Enterprises 24 114,701,903 5,428,961 120,130,864 Total Gov Activities & Business Expend- itures 25 299,625,075 - 3,978,222 295,646,853 Transfers Out 26 28,013,707 - 969,942 27,043,765 Total Expenditures /Transfers Out 27 327,638,782 - 29,102,274 - 4,948,164 3,510,717 322,690,618 - 25,591,557 Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out Fiscal Year 28 Continuing Appropriation 29 0 N/A 0 Beginning Fund Balance July 1 30 39,718,581 0 39,718,581 Ending Fund Balance June 30 31 10,616,307 3,510,717 14,127,024 Passed this 16th day of April, 2012. /s /Ric W. Jones, Mayor Pro Tem /s /Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. 128 Regular Session, May 7, 2012 Book 142 ACTION ITEMS Retail Single -Use Plastic Bag Reporting Ordinance (Third Reading): City Manager re- questing approval of an Ordinance that will require retailers, based on size, to report their purchase and distribution of plastic bags in order to measure community -wide progress towards the adopted goal of reducing single - use plastic bag use 90% by 2017 in Dubuque. Mayor Buol requesting that this item be ta- bled to May 7, 2012. Chamber of Commerce President and CEO Molly Grover requesting to address the City Council regarding the Chamber's position on the proposed Ordinance prior to the third reading. Motion by Braig to table the third reading of a proposed ordinance amending City of Dubu- que Code of Ordinances Title 6 Health, Hous- ing, Sanitation and Environment, Chapter 2 Establishments and Hotel Sanitation, by Adopting a New Section 6 -2 -2 Single -Use Plastic Bag Reduction to May 7, 2012. Se- conded by Connors. Motion carried 6 -0 Caradco Landlord, LLC - Iowa Finance Au- thority Collateral Amendment: City Manager recommending approval of an amendment to the loan documents for the $4.5 million loan provided by the Iowa Finance Authority to the City of Dubuque, which has in turn been loaned by the City to Caradco Landlord, LLC for the Caradco Building Project. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Braig. Motion carried 6 -0. PUBLIC INPUT James Ferring, 1913 Jackson Street, ad- dressed the City Council regarding an issue he has with a local pawn shop being in posses- sion of property that he alleges was taken from his home during a robbery in June 2011. The City Manager referred Mr. Ferring to Police Chief Mark Dalsing, who was present at the meeting. There being no further business, upon mo- tion the City Council adjourned at 7:02 p.m. /s/Kevin S. Firnstahl City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on May 7, 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 to act upon such business that may properly come before the Council. PLEDGE OF ALLEGIANCE MOMENT OF SILENCE PROCLAMATION(S) Dubuque Noon Lions Club 90th Anniver- sary Week (May 6 -12, 2012) was accepted by current Lions Club President Dave Howe and incoming Lions Club President Eldon Hefel. Nursing Home Week (May 13 -19, 2012) was accepted by Barbara Barker Administrator for Luther Manor, 3131 Hillcrest Road. Peace Officers' Memorial Week (May 13- 19, 2012) was accepted by Police Chief Mark Dalsing and Corporal Travis Kramer of the City of Dubuque Police Department. Preservation Month (May 2012) was ac- cepted by Historic Preservation Commission Chairperson David Klavitter. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Jones. Motion carried 7 -0. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 3/27, City Council Proceedings of 4/16, Community Development Advisory, Commission of 4/18, Dubuque County Emergency Management Commission of 2/7, Environmental Steward- ship Advisory Commission of 4/3, Historic Preservation Commission of 4/19, Human Rights Commission of 3/22, Library Board of Trustees of 3/22, Safe Community Advisory Committee of 3/14, Transit Advisory Board of 4/12, Zoning Board of Adjustment of 4/26 Library Board of Trustees Update from Meet- Book 142 Regular Session, May 7, 2012 129 ing of 4/26 Proofs of Publication for City Council Pro- ceedings of 4/2 and 4/16, and List of Claims and Summary of Revenues for Month Ended 3/31 Upon motion the documents were received and filed. Notice of Claims and Suits: Steve Bartels for vehicle damage, Bechen, et al vs. City of Dubuque / Dubuque Racing Association d /b /a Mystique Casino for personal injury, David Jansen for property damage. Upon motion the documents were received and filed and re- ferred to City Attorney. Disposition of Claims: City Attorney advis- ing that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Steve Bartels for vehicle damage. Upon motion the documents receive, file and con- curred. 2012 Justice Assistance Grant (JAG) Ap- plication: City Manager recommending ap- proval to accept the 2012 Justice Assistance Grant (JAG) award in the amount of $37,320 from the Edward Byrne Memorial Assistance Grant Program. Upon motion the documents were received, filed, and approved. County Board of Health - Subcontract Amendment: City Manager recommending approval of an amended Subcontract for the Healthy Homes and Childhood Lead Poisoning Prevention Services between the Dubuque County Board of Health and the City of Dubu- que. Upon motion the documents were re- ceived, filed, and approved. Iowa Department of Transportation - Urban Youth Corps Grant Agreement: City Manager recommending approval of an Urban Youth Corps Grant Agreement with the Iowa De- partment of Transportation for $23,478 to pro- vide transportation - related employment and training opportunities to youth between the ages of 16 and 21 who face barriers to em- ployment. Upon motion the documents were received, filed, and approved Code of Ordinances - Adoption of Supple- ment No. 8: City Clerk recommending adoption of Supplement No. 8 to the City of Dubuque Code of Ordinances, which adopted Ordinance Nos. 1, 3 -5, and 14 -20, 2012. Upon motion the documents were received and filed and Reso- lution No. 100 -12 Adopting Supplement No. 8 to the Code of Ordinances of the City of Dubu- que, Iowa, was adopted. RESOLUTION NO. 100 -12 ADOPTING SUPPLEMENT NO. 8 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance No. 43 -09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entirety; and Whereas, since August 17, 2009 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances; and Whereas, Section 380.8 of the Code of Io- wa provides that supplements, by resolution, become part of the Code of Ordinances. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 8 of the Code of Ordinances of the City of Dubuque, Iowa, covering Ordinances 1, 3 -5, and 14 -20, 2012 passed by Council and enacted through March 3, 2012, prepared by the Sterling Codi- fiers, Inc., and filed in the Office of the City Clerk of the City of Dubuque, Iowa is hereby adopted and becomes part of the Code of Or- dinances of the City of Dubuque, Iowa. Passed, approved and adopted this 7th day of May, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Community Development Block Grant (CDBG) Fiscal Year 2013 Agreement: City Manager recommending approval for the Mayor to sign a Community Development Block Grant (CDBG) Agreement with the U.S. Department of Housing and Urban Develop- ment (HUD) in the amount of $928,372 for the program year beginning July 1, 2012 and end- ing June 30, 2013. Upon motion the docu- ments were received and filed and Resolution No. 101 -12 Authorizing Execution of a Com- munity Development Block Grant Agreement with the U.S. Department of Housing and Ur- ban Development was adopted. RESOLUTION NO. 101 -12 AUTHORIZING EXECUTION OF A COMMU- NITY DEVELOPMENT BLOCK GRANT AGREEMENT WITH THE U.S. DEPART- MENT OF HOUSING AND URBAN DEVEL- OPMENT. Whereas, under provisions of Title I of Housing and Community Development Act of 1974, as amended, the City of Dubuque pre- pared and submitted an Annual Action Plan for a Community Development Block Grant; and Whereas, the submission has been ap- proved by the U.S. Department of Housing and Urban Development in the amount of 130 Regular Session, May 7, 2012 Book 142 $928,372for a twelve month program year commencing July 1, 2012 and ending June 30, 2013; and Whereas, a grant agreement covering the activities proposed to be carried out with the Community Development Block Grant funds has been transmitted to the City of Dubuque by the U. S. Department of Housing and Urban Development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Funding Approv- al /Agreement, authorized by the U.S. Depart- ment of Housing and Urban Development be- ginning July 1, 2012 for a Community Development Block Grant to the City of Dubuque in the amount of $928,372 and identified as Grant Number B- 12- MC -19- 0004 is hereby accepted. Section 2. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute said Agreement on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 7th day of May 2012. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk Housing Commission / Human Rights Commission: Commissioner Regine Ronek submitting her resignation from the Housing Commission and Human Rights Commission. Upon motion the documents were received and filed and the resignation accepted. Project Concern - Fiscal Year 2012 -2013 Funding Changes: City Manager transmitting correspondence from Project Concern that provides a synopsis of changes in the agen- cy's 2012 -2013 Fiscal year. Upon motion the document was received and filed. State Historical Society of Iowa: Corre- spondence from the State Historical Society of Iowa informing the City that the Cathedral His- toric District (Amendment and Update) and the Upper Central Avenue Commercial Historic District (1460 -1965 Central Avenue) will be considered by the State National Register Nominations Review Committee for nomina- tion to the National Register of Historic Places. Upon motion the documents were received and filed. 10th Annual Ken Kringle Award: Corre- spondence from Senator Pam Jochum con- gratulating the City on receiving the 10th An- nual Ken Kringle Award recognizing the reno- vation of the Washington Street Rowhouses. Upon motion the document was received and filed. Dubuque Soil and Water Conservation Dis- trict - Catfish Creek Watershed Management Authority: City Manager recommending ap- proval of a contract with the Dubuque Soil and Water Conservation District for the creation of the Catfish Creek Watershed Management Authority. Upon motion the documents were received and filed and Resolution No.102 -12 Approving a contract for watershed planning between the City of Dubuque, Iowa, and the Dubuque Soil and Water Conservation District was adopted. RESOLUTION NO. 102 -12 APPROVING A CONTRACT FOR WATER- SHED PLANNING BETWEEN THE CITY OF DUBUQUE, IOWA AND THE DUBUQUE SOIL AND WATER CONSERVATION DIS- TRICT Whereas, the City of Dubuque is party to the Agreement creating the Dubuque Soil and Water Conservation District (the District); and Whereas, City wishes to engage the Dis- trict to provide certain technical and profes- sional watershed planning services on the terms and condition set forth in the attached Agreement; and Whereas, the District has the authority to perform services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Agreement attached hereto is hereby approved. Section 2. The Mayor is authorized and di- rected to execute the Agreement on behalf of the City of Dubuque Passed, approved, and adopted this 7th day of May, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Historic Resource Development Program (HRDP) Grant Application - Four Mounds Es- tate: City Manager recommending authoriza- tion to sign the ownership form in support of the Historic Resource Development Program grant application for barn restoration at the Four Mounds Estate Historic District. Upon motion the documents were received and filed and Resolution No.103 -12 Authorizing HRDP grant application to the State Historical Society of Iowa for Barn Restoration Project at Four Mounds Estate Historic District was adopted. RESOLUTION NO. 103 -12 AUTHORIZING HRDP GRANT APPLICA- TION TO THE STATE HISTORICAL SOCIE- TY OF IOWA FOR BARN RESTORATION PROJECT AT FOUR MOUNDS ESTATE HISTORIC DISTRICT Whereas, the State Historical Society of Book 142 Regular Session, May 7, 2012 131 Iowa has determined historic building restora- tions are eligible for Historic Resource Devel- opment Program (HRDP) funds; and Whereas, the City of Dubuque owns the Four Mounds Estate Historic District and has designated the property as a City Landmark Site; and Whereas, the City of Dubuque supports the barn restoration project proposed by the Four Mounds Foundation. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager is author- ized to sign the ownership form in support of the application by the Four Mounds Founda- tion to the State Historical Society of Iowa for HRDP Grant Funds for the barn restoration project at Four Mounds Estate Historic District. Passed, approved and adopted this 7th day of May, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Historic Resource Development Program (HRDP) Grant Application Histor- ic /Architectural Survey and Evaluation Phase VI: City Manager recommending approval for the Mayor to sign the Historic Resource De- velopment Program grant application for Phase VI Historic /Architectural Survey and Evaluation in the amount of $15,000. Upon motion the documents were received and filed and Resolution No. 104 -12 Authorizing HRDP grant application to the State Historical Society of Iowa for Phase VI Historical /Architectural Survey and Evaluation was adopted. RESOLUTION NO. 104 -12 AUTHORIZING HRDP GRANT APPLICA- TION TO THE STATE HISTORICAL SOCIE- TY OF IOWA FOR PHASE VI HISTOR- IC /ARCHITECTURAL SURVEY AND EVAL- UATION Whereas, the State Historical Society of Iowa has determined historic /architectural sur- veys and evaluations are eligible for Historic Resource Development Program (HRDP) funds; and Whereas, the City of Dubuque is a Certi- fied Local Government (CLG) in good standing and has approved a phased program for his- toric /architectural surveys and evaluations in the community. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is authorized to sign and submit the application to the State Historical Society of Iowa for HRDP Grant Funds for the Phase VI Historic /Architectural Survey and Evaluation project. Section 2. That the City of Dubuque agrees to abide by all local, state and federal require- ments applicable to the proposed budget. Passed, approved and adopted this 7h day of May, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Substance Abuse Services Center: Sub- stance Abuse Services Center Executive Di- rector Diane K. Thomas submitting the Cen- ter's Third Quarter Report. Upon motion the document was received and filed. Fiscal Year 2013 Community Development Block Grant (CDBG) Program: City Manager recommending approval of the Release of Funds for the proposed projects approved in the Fiscal Year 2013 (Program Year 2012) Annual Action Plan for Community Develop- ment Block Grant (CDBG) activities. Upon motion the documents were received and filed and Resolution No. 105 -12 Authorizing request for release of Community Development Block Grant Funds for Fiscal Year 2013 (Program Year 2012) was adopted. RESOLUTION NO. 105 -12 AUTHORIZING REQUEST FOR RELEASE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEAR 2013 (PROGRAM YEAR 2012) Whereas, the City of Dubuque will enter in- to a Community Development Block Grant Agreement for the Fiscal Year commencing July 1, 2012, with the U.S. Department of Housing and Urban Development, providing for financial assistance to the City under Title I of the Housing and Community Development Act of 1974, as amended; and Whereas, pursuant to the rules and regula- tions as promulgated by the U.S. Department of Housing and Urban Development, an envi- ronmental review has been processed for the hereinafter listed projects to be financed with Community Development Block Grant funds; and Whereas, a Notice of Intent to Request Re- lease of Funds for said grants has been pub- lished on May 1, 2012 to commence the re- quired seven (7) day public comment period; and Whereas, any and all comments received as a result of such notice will be duly consid- ered before proceeding with a Request for Release of Funds and Certification, and Whereas, a Request for Release of Funds and Certification must be sent to the U.S. De- partment of Housing and Urban Development at the conclusion of the comment period. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor of the City of 132 Regular Session, May 7, 2012 Book 142 Dubuque is hereby authorized and directed to execute a Request for Release of Funds and Certification for the following identified Com- munity Development Block Grant projects on or about May 10, 2012 and submit to the U.S. Department of Housing and Urban Develop- ment. Community Development Block Grant Annual Plan Projects Fiscal Year 2013 (Pro- gram Year 2012) Housing Programs: First Time Home Buyer Program; Homeowner Rehabilitation (Opera- tion Upkeep; Residential Rehabilitation Loan Program); Housing Administration Services and Staff; Housing Code Enforcement; Hous- ing Rehabilitation Services and Staff; Lead Paint Hazard Abatement Project; Rental Unit Rehabilitation (Emergency Code Enforcement Loan Program; Moderate Income Rental Re- hab Loan Program; Accessibility Rehab; Sin- gle Room Occupancy Rehab) Economic Development Programs: Com- mercial Industrial Building Rehab program and Revolving Loan Fund; Economic Development Financial Assistance Program and Revolving Loan Fund Neighborhood and Community Develop- ment Programs: Accessible Curb Ramps; Child Care Resource and Referral; Dubuque Dispute Resolution Center; Information and Referral Service; Neighborhood Development Services and Staff; Neighborhood Infrastruc- ture Improvements (Neighborhood Street Overlays; Neighborhood Sidewalk Program; Neighborhood StepNVall Repair); Neighbor- hood Recreation Program; Neighborhood Support Grants, Opening Doors; Senior Cen- ter; Washington Tool Library; Zoning Inspec- tion/ Enforcement Planning and Administration: CDBG Ad- ministration Services and Staff No funds will be committed prior to comple- tion of a review for other related laws of 24 CFR 58.5, including Section 106, if required for site - specific projects that are currently uniden- tified. Section 2. That the Mayor of the City of Dubu- que is hereby authorized to consent to assume the status of a responsible federal official un- der the National Environmental Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of Housing and Urban Development responsibilities for review, deci- sion making, and action assumed and carried out by the City of Dubuque as to environmen- tal issues. Section 3. That the Mayor of the City of Dubuque is hereby authorized to consent per- sonally, in his official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the federal courts if an action is brought to enforce responsibilities in relation to environ- mental review, decision - making and action. Passed, approved and adopted this 7th day of May 2012. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk Quarterly Investment Report: City Manager transmitting the March 31, 2012 Quarterly In- vestment Report. Upon motion the documents were received and filed. PetData, Inc. - Revised Agreement: City Manager recommending approval of a revised renewal agreement with PetData, Inc., for the pet licensing services that processes the sale of all dog and cat licenses in the City. Upon motion the documents were received, filed, and approved. Plastic Center Development Agreement Second Amendment: City Manager recom- mending approval of the Second Amendment to the Development Agreement with Plastic Center Inc. to redevelop properties located at 426 W. 5th Street and 951, 955 and 957 Main Street. Upon motion the documents were re- ceived, filed and Resolution No. 106 -12 Ap- proving the Second Amendment to the Plastic Center, Inc., Development Agreement was adopted. RESOLUTION NO. 106 -12 APPROVING THE SECOND AMENDMENT TO THE PLASTIC CENTER, INC. DEVEL- OPMENT AGREEMENT Whereas, a Development Agreement (the Agreement), dated February 7, 2011, was en- tered into by and between the City of Dubu- que, a municipal corporation of the State of Iowa (City), and Plastic Center, Inc. (Develop- er); and Whereas, City and Plastic Center, Inc. now desire to amend the Development Agreement as set forth attached Second Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Second Amendment of the Plastic Center, Inc. Development Agree- ment is hereby approved. Section 2. That the Mayor is hereby au- thorized and directed to execute said Second Amendment on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is author- ized to take such actions as are necessary to implement the terms of the Second Amend- ment as herein approved. Passed, approved and adopted this 7th day of May, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Book 142 Regular Session, May 7, 2012 133 Request for Proposals - Thirty -Inch Force Main: City Manager recommending approval to release a Request for Proposals for the design to relocate the 30 -inch force main from 12th Street to 7th Street. Upon motion the docu- ments were received, filed, and approved. Collective Bargaining Agreement Amend- ment - Teamsters Local Union No. 120 (Bus Operators): City Manager recommending ap- proval of an amendment to the Collective Bar- gaining Agreement between the City of Dubu- que and the Teamsters Local Union No. 120 (Bus Operators). Upon motion the documents were received, filed, and approved. Plat of Survey - Bee Branch Subdivision No. 9: City Manager recommending approval of the Plat of Survey of Lots 1 and 2 of Bee Branch Subdivision No. 9. Upon motion the documents were received and filed and Reso- lution No. 107 -12 Approving Plat of Survey of Lot 1 and Lot 2 of Bee Branch Subdivision No. 9 in the City of Dubuque, Dubuque County, Iowa, was adopted. RESOLUTION NO. 107 -12 APPROVING PLAT OF SURVEY OF LOT 1 AND LOT 2 OF BEE BRANCH SUBDIVISION NO. 9 IN THE CITY OF DUBUQUE, DUBU- QUE COUNTY, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 3rd day of April, 2012, prepared by Buesing & Associates, Inc. describing Lot 1 -4 -103, Lot 2 -4 -103, Lot 2 -1 -1 -3 -103, and Lot 1 -5 -103 all in L.H. Langworthy's Addition to be hereinafter known as Lot 1 and Lot 2 of Bee Branch Subdivision No. 9 in the City of Dubu- que, Dubuque County, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated the 3rd day of April, 2012, prepared by Buesing & Associ- ates, Inc. relative to the real estate here - inabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 7th day of May, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Iowa Public Art Network Conference: City Manager recommending approval to submit a letter of interest to the Iowa Arts Council to host an Iowa Public Art Network Conference in partnership with the Iowa Arts Council, Dubu- que Museum of Art and the Voices from the Warehouse Organizing Committee. Upon mo- tion the documents were received, filed, and approved. Watershed Management Authority (WMA) Progress Report No. 2: City Manager transmit- ting the Catfish Creek Watershed Manage- ment Authority Progress Report No. 2. Upon motion the document was received and filed. Excess County Parcels - Acceptance of Quit Claim Deeds: City Manager recommend- ing acceptance of quit claim deeds for five (5) excess parcels that the Dubuque County Treasurer offered to the City of Dubuque for purchase and approved by the City Council at the November 21, 2011 meeting. Upon motion the documents were received and filed and Resolution No. 108 -12 Accepting a convey- ance of property: the North '/% of the West 25 Feet of Lot 760 of A. McDaniels Subdivision; Resolution No. 109 -12 Accepting a Convey- ance of property: the South '/% of the West 25 Feet of Lot 760 of A. McDaniels Subdivision; Resolution No. 110 -12 Accepting a convey- ance of property: Lot 31 Of Levi's Addition in the City of Dubuque; Resolution No. 111 -12 Accepting a conveyance of property: Lot D of Block 12 of Key Knolls Subdivision in the City of Dubuque; and Resolution No. 112 -12 Ac- cepting a conveyance of property: Lot 3 of Lot 1 of Mineral Lot 233 in the City of Dubuque were adopted. RESOLUTION NO. 108 -12 ACCEPTING A CONVEYANCE OF PROP- ERTY: THE NORTH 1/2 OF THE WEST 25 FEET OF LOT 760 OF A. MCDANIELS SUB- DIVISION Whereas, the City of Dubuque entered into an agreement with the County of Dubuque, Iowa, pursuant to which the County of Dubu- que agreed to convey the North '/% of the West 25 Feet of Lot 760 of A. McDaniels Subdivision in the City of Dubuque, Iowa, as shown on the Quit Claim Deed thereof; and Whereas, the County of Dubuque has exe- cuted a conveyance of said property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Quit Claim Deed from the County of Dubuque, copies of which are at- tached hereto, as required by Iowa Code Sec- tion 569.7. 134 Regular Session, May 7, 2012 Book 142 Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 7th day of May, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 109 -12 ACCEPTING A CONVEYANCE OF PROP- ERTY: THE SOUTH 1/2 OF THE WEST 25 FEET OF LOT 760 OF A. MCDANIELS SUB- DIVISION Whereas, the City of Dubuque entered into an agreement with the County of Dubuque, Iowa, pursuant to which the County of Dubu- que agreed to convey the South '/% of the West 25 Feet of Lot 760 of A. McDaniels Subdivision in the City of Dubuque, Iowa, as shown on the Quit Claim Deed thereof; and Whereas, the County of Dubuque has exe- cuted a conveyance of said property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Quit Claim Deed from the County of Dubuque, copies of which are at- tached hereto, as required by Iowa Code Sec- tion 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 7th day of May, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 110 -12 ACCEPTING A CONVEYANCE OF PROP- ERTY: LOT 31 OF LEVI'S ADDITION IN THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into an agreement with the County of Dubuque, Iowa, pursuant to which the County of Dubu- que agreed to convey Lot 31 of Levi's Addition in the City of Dubuque, Iowa, as shown on the Quit Claim Deed thereof; and Whereas, the County of Dubuque has exe- cuted a conveyance of said property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Quit Claim Deed from the County of Dubuque, copies of which are at- tached hereto, as required by Iowa Code Sec- tion 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 7th day of May, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 111 -12 ACCEPTING A CONVEYANCE OF PROP- ERTY: LOT D OF BLOCK 12 OF KEY KNOLLS SUBDIVISION IN THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into an agreement with the County of Dubuque, Iowa, pursuant to which the County of Dubu- que agreed to convey Lot D of Block 12 of Key Knolls Subdivision, in the City of Dubuque, Iowa, as shown on the Quit Claim Deed there- of; and Whereas, the County of Dubuque has exe- cuted a conveyance of said property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Quit Claim Deed from the County of Dubuque, copies of which are at- tached hereto, as required by Iowa Code Sec- tion 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 7th day of May, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 112 -12 ACCEPTING A CONVEYANCE OF PROP- ERTY: LOT 3 OF LOT 1 OF MINERAL LOT 233 IN THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into an agreement with the County of Dubuque, Iowa, pursuant to which the County of Dubu- que agreed to convey Lot 3 of Lot 1 of Mineral Lot 233 in the City of Dubuque, Iowa, as shown on the Quit Claim Deed thereof; and Whereas, the County of Dubuque has exe- cuted a conveyance of said property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Quit Claim Deed from the County of Dubuque, copies of which are at- tached hereto, as required by Iowa Code Sec- tion 569.7 Book 142 Regular Session, May 7, 2012 135 Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 7th day of May, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Federal Emergency Management Agency (FEMA) - Buyout Grant Agreement for Flood - Damaged Homes: City Manager recommend- ing approval of the City of Dubuque's 2011 Hazard Mitigation Grant Program Buyout Agreement with the Iowa Homeland Security and Emergency Management Division for ac- quisition and removal of four flood- damaged properties in the Manson Road /Old Mill Road area. Upon motion the documents were re- ceived, filed and Resolution No. 113 -12 Au- thorizing 2011 HMGP Grant Agreement and related contracts for buyout of four flood - damaged properties was adopted. RESOLUTION NO. 113 -12 AUTHORIZING 2011 HMGP GRANT AGREEMENT AND RELATED CONTRACTS FOR BUYOUT OF FOUR FLOOD DAMAGED PROPERTIES Whereas, the City of Dubuque has identi- fied the buyout of four flood damaged proper- ties in the Manson Road /Old Mill Road area that qualify for the HMGP buyout funds; and Whereas, the Iowa Homeland Security and Emergency Management Division has award- ed Hazard Mitigation Grant Program (HMGP) funds to the City of Dubuque for buyout of the four flood damaged properties. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor hereby is authorized to sign the 2011 HMGP Buyout Agreement for the buyout of the four flood damaged proper- ties in the Manson Road /Old Mill Road area. Section 2. The Mayor hereby is authorized to sign the administrative contract with ECIA (East Central Intergovernmental Association) and the legal services contract with Dubuque County Abstract and Title Company for the buyout of the four flood damaged properties. Section 3. The City Council hereby pro- vides its written assurance that the required local match for the 2011 HMGP Buyout Agreement will be provided and made availa- ble, and agrees to abide by all local, state and federal requirements applicable to the project. Passed, approved and adopted this 7th day of May, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk City Towing Contract City Manager rec- ommending proposed changes to the City of Dubuque towing contract which is set to expire on July 1, 2012. Upon motion the documents were received, filed, and approved. PEG Capital Expenditure Request: City Manager recommending approval of the Cable TV Commission's request for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facili- ties for up to $2,200 to purchase and install, in the Historic Federal Building Media Room, a device that will hold multiple video clips and instantly play them back. Upon motion the documents were received, filed, and approved. Area Residential Care (ARC) Transfer Center - Phase II: City Manager recommend- ing approval of a $300,000 Public Transit In- frastructure Grant (PTIG) program application to the Iowa Department of Transportation for construction of a Transfer Center at the Area Residential Care Foundation (ARC). Upon motion the documents were received, filed, and approved. Banner Policy Recommendation: City Manager requesting approval on revisions to the City of Dubuque banner policy and pro- cess. Upon motion the documents were re- ceived, filed, and approved. North Cascade Road Bridge Replacement Project - 28E Agreement: City Manager rec- ommending approval for the Mayor to execute an Intergovernmental 28E Funding Agreement with Dubuque County for the North Cascade Road Bridge Replacement Project in Dubuque County. Upon motion the documents were received, filed and Resolution No. 114 -12 Ap- proving an Intergovernmental 28E Funding Agreement between the City of Dubuque and Dubuque County for the North Cascade Road Bridge Replacement Project, Iowa DOT Pro- ject No. STP -U -2100 (671) 5E -31 was adopt- ed. RESOLUTION NO. 114 -12 APPROVING AN INTERGOVERNMENTAL 28E FUNDING AGREEMENT BETWEEN THE CITY OF DUBUQUE AND DUBUQUE COUNTY for the NORTH CASCADE ROAD BRIDGE REPLACEMENT PROJECT, IOWA DOT PROJECT NO. STP -U -2100 (671) - -5E- 31 Whereas, on July 27 -28, 2011, Dubuque County (County) received extremely heavy rainfall with amounts reported to be up to 15 inches in 12 hours; and Whereas, rushing flood waters on the South Fork of Catfish Creek overtopped the North Cascade Road and bridge, washing out major portions of the west approach roadway 136 Regular Session, May 7, 2012 Book 142 to the bridge, including the west abutment causing the bridge to collapse on the morning of July 28th at approximately 8:30 A.M.; and Whereas, on August 30, 2011, City and County received a Presidential Declaration (DR- 4018 -IA) for public assistance to restore facilities to "pre- flood" condition through the Federal Emergency Repair (ER) Program; and Whereas, the North Cascade Road Bridge is currently under the jurisdiction of County and due to the bridge location and close prox- imity to City's corporate limits, the road is clas- sified as an urban collector; and Whereas, the existing North Cascade Road and Bridge are currently substandard with respect to roadway width, and both hori- zontal and vertical geometric alignment, result- ing in the existing sight distance along this stretch of North Cascade Road being less than desirable; and Whereas, City and County desire to main- tain and increase transportation infrastructure while improving safety for the motorist within the City of Dubuque and Dubuque County; and Whereas, it is in City and County's best in- terests to design and construct the bridge and roadway to urban (city) design standards ra- ther than typical rural standards; and Whereas, the Iowa Department of Trans- portation (Iowa DOT) and the Federal Highway Administration (FHWA) have issued a deter- mination that reconstructing the bridge and roadway to urban (city) design standards would be considered betterment (design up- grade) and would not be eligible for ER pro- gram funding; and Whereas, City and County requested and received approval from both the Iowa DOT and the Dubuque Metropolitan Area Transportation Study (DMATS) to shift a portion of City's DMATS Surface Transportation Program (STP) programmed funds to assist in funding the North Cascade Road Bridge and the asso- ciated road pavement repairs; and Whereas, on February 6, 2012 City's City Council approved in Resolution No. 35 -12, a Federal Aid Funding Agreement No. 6-11 - STPU-21 for the North Cascade Road Bridge Replacement Project (Iowa DOT Project No. STP -U -2100 (671)-- 5E -31); and Whereas, pursuant to the terms and condi- tions of the Federal Aid Funding Agreement No. 6- 11- STPU -21, City's DMATS STP funds and local matching funds (Sales Tax — 30 %), will be used to fund project costs that are con- sidered non - eligible for ER program funding; and Whereas, City has agreed to be responsi- ble for all betterment costs to urban (city) de- sign standards, such as an additional 2 feet bridge deck width, a separated pedestrian sidewalk added to the south side of the bridge, increasing the roadway pavement width from 26 feet to 35 feet and adding curb and gutter along with storm sewer; and Whereas, City and County acknowledge the mutual benefit to partner on the project and will agree to contribute funding for the project as set forth herein. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said 28E Funding Agree- ment between the City of Dubuque and Dubu- que County be hereby approved for the North Cascade Road Bridge Replacement Project in Dubuque. Section 2. That the Mayor be authorized and directed to execute two copies of 28E Funding Agreement for the North Cascade Road Bridge Replacement Project in Dubuque. Passed, approved and adopted this 7th day of May, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Vacant and Abandoned Building and Prob- lem Property Collection Accounts: City Man- ager recommending authorization to certify vacant and abandoned building and problem property charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. Upon mo- tion the documents were received, filed and Resolution No. 115 -12 Authorizing the City to collect delinquent vacant and abandoned building and problem property charges in ac- cordance with Title 6 -6 -3B1 h; Title 6 -6 -4B3 & Title 6 -6B of the Code of Ordinances of the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 115 -12 AUTHORIZING THE CITY TO COLLECT DE- LINQUENT VACANT AND ABANDONED BUILDING AND PROBLEM PROPERTY CHARGES IN ACCORDANCE WITH TITLE 6- 6 -3B1h; TITLE 6-6-4B3 & TITLE 6 -6B OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, residential properties in the City of Dubuque are considered hazardous or un- sanitary premises if vacant and abandoned buildings and problem properties are allowed to deteriorate according to 6 -6 -3B1 h; and Whereas, whenever in the judgment of the Housing Officer, a nuisance that is "palpably and indisputably such" exists which requires immediate action to protect the public health, safety or welfare of the public, the Housing Officer may order the emergency abatement of such; and Whereas, delinquent vacant and aban- doned building and problem property charges shall be certified by the City Clerk to the Book 142 Regular Session, May 7, 2012 137 Dubuque County Treasurer for collection with, and in the same manner as general property taxes; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the persons listed on the attached VAB /Problem Property Assessment Schedule are delinquent in the payment of vacant and abandoned building and problem property charges. Section 2. That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named on the attached VAB /Problem property Assessment Schedule are delinquent in the payment of vacant and abandoned building and problem property charges in the amount set aside of the respec- tive names, and that said amounts shall be collected in the same manner as general property taxes against the respective parcels of property set opposite the names of the owners. Passed, approved and adopted this 7th day of May, 2012. Roy D Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Delinquent Garbage Collection Accounts: City Manager recommending authorization to certify garbage collection charges to the Dubuque County Treasurer in order to estab- lish real property liens for collection of such charges. Upon motion the documents were received, filed and Resolution No. 116 -12 Au- thorizing the City to collect delinquent garbage collection charges in accordance with Title 6 -6- 3C2o; title 6 -6 -4B3 & Title 6 -6B of the Code of Ordinances of the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 116 -12 AUTHORIZING THE CITY TO COLLECT DE- LINQUENT GARBAGE COLLECTION CHARGES IN ACCORDANCE WITH TITLE 6- 6 -3C2O; TITLE 6-6-4B3 & TITLE 6 -6B OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, residential properties in the City of Dubuque are considered substandard if any conditions exist to an extent that endanger life, limb, health, property, safety or welfare of the public or the occupants thereof; and Whereas, whenever in the judgment of the Housing Officer, a nuisance that is "palpably and indisputably such" exists which requires immediate action to protect the public health, safety or welfare of the public, the Housing Officer may order the emergency abatement of such; and Whereas, delinquent garbage collection charges shall be certified by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as general property taxes; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the persons listed on the attached Garbage Assessment Schedule are delinquent in the payment of grass and weed cutting and garbage collection charges: Section 2. That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named on the attached Gar- bage Assessment Schedule are delinquent in the payment of garbage collection charges in the amount set aside of the respective names, and that said amounts shall be collected in the same manner as general property taxes against the respective parcels of property set opposite the names of the owners. Passed, approved and adopted this 7th day of May, 2012. Roy D Buol, Mayor Attest: Kevin S Firnstahl, City Clerk Schedule of Assessments Delinquent Garbage Collection Charges Location, Owner, Parcel #, Amount, Cate- gory 375 Nevada, Robert A and Alana K Neu - woehner, 16401 Nottingham Court, Dubuque IA 52001, 1026279019, $86.00, garbage 952 W 5th, Tri -State Property Manage- ment, 485 Locust Street, Dubuque IA 52001, 1025154002, $60.00, garbage 598 University, Judge Real Estate LLC, 605 Bluff Street #132, Dubuque IA 52001, 1025130009, $100.00, garbage 2169 Elm, Sara Jean Hines, 2169 Elm Street, Dubuque IA 52001, 1024210017, $90.00, garbage 324 W Locust, Timothy L Specht, 8760 Kemp Court, Dubuque IA 52003, 1024329019, $65.00, garbage 1280 Cleveland, Michael D Voss, 1280 Cleveland Avenue, Dubuque, IA 52003, 1025361012, $145.00, garbage 345 W Locust, Aurora Loan Services LLC, 2617 College Park, Scottsbluff NE 69361, 1024330003, $75.00, garbage 321 Monroe , Aaron D & Brianna L Locke, 321 Monroe Street, Dubuque IA 52001, 1013310005, $75.00, garbage 656 W 11th, Stuart Hoover, 850 White Street, Dubuque IA 52001 1024385007, $70.00, garbage Sustainable Dubuque Project Status Up- date: City Manager transmitting the monthly Sustainable Dubuque Project Status Update for April 2012. Upon motion the document was 138 Regular Session, May 7, 2012 Book 142 received and filed. Dubuque Golf and Country Club - 2012 Fireworks Request: Communication from Rich Bugalski, Dubuque Golf and Country Club, requesting permission to display fireworks on Wednesday, July 4, 2012 (rain date of Thurs- day, July 5, 2012) on the Dubuque Golf and Country Club grounds. Upon motion the doc- uments were received, filed, and approved. Signed Contracts: A) IDOT Roadway Maintenance Agreement; B) Professional Ser- vices Agreement with Shive - Hattery, Inc., for design of traffic signalization reconstruction at JFK Road and Wacker Drive intersection; and C) Consultant Contract Amendment with JJR for Port of Dubuque Marina Project. Upon mo- tion the documents were received and filed. ARC Transfer Center Phase I - Easement Agreement: City Manager recommending ap- proval of an Easement Agreement with Area Residential Care, Inc. for the canopy structure to be built at the Area Residential Care Facility at JFK Circle for protection from weather of passengers waiting to board and de -board from fixed route and paratransit buses. Upon motion the documents were received, filed, and approved. Alcohol Compliance Civil Penalty for Alco- hol License Holders - Fiesta Cancun: City Manager recommending approval of the Ac- knowledgment/Settlement Agreement for a first offense alcohol compliance violation for Fiesta Cancun Authentic Mexican Restaurant, 2515 -1 NW Arterial. Upon motion the docu- ments were received, filed, and approved. Alcohol Compliance Civil Penalty for Alco- hol License Holders- Gin Rickey's Bar: City Manager recommending approval of the Ac- knowledgment/Settlement Agreement for an alcohol compliance violation for Gin Rickey's Bar, 1447 Central Avenue. Upon motion the documents were received, filed, and approved. Alcohol Compliance Civil Penalty for Alco- hol License Holders- Kalmes Breaktime Bar and Grill: City Manager recommending ap- proval of the Acknowledgment/ Settlement Agreement for an alcohol compliance violation for Kalmes Breaktime Bar and Grill, 1097 Jackson Street. Upon motion the documents were received, filed, and approved. Alcohol and Tobacco License Applications: City Manager recommending approval of an- nual liquor, beer, wine and tobacco licenses as submitted. Upon motion the documents were received, filed and Resolution No.117 -12 Ap- proving 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; and Resolution No.118 -12 Approving the applications for retail cigarette /tobacco sales permits, as required by Iowa Code 453A.47A were adopted. RESOLUTION NO. 117 -12 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND /OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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 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 bonds and otherwise complied with the re- quirements 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 author- ized and directed to cause to be issued the following named applicants and permit types. Bar -X, 2616 Windsor Ave, Class C Liquor License (Sunday) Beecher Beverage, 1691 Asbury Rd., Class E Liquor, Class B Wine, Class C Beer (Carryout) (Sunday) Buffalo Wild Wings, 2805 Northwest Arteri- al, Class C Liquor License (Outdoor) (Sunday) Catfish Charlie's, 1630 E 16th St., Class C Liquor License (Outdoor) (Sunday) Dubuque County Fine Arts Society, Town Clock Plaza, Class B Beer (Includes Wine Coolers) (Outdoor) (Sunday) I LUV FOOD, 535 HILL St., Class C Beer Permit Oky Doky #2, 51 West 32nd, Class E Liq- uor, Class B Wine, Class C Beer (Carryout) (Sunday) The Naughty Dog, 1108 Locust Street, Special Class C Liquor (BeerNVine)Class B Native Wine (Living Quarters) (Outdoor) Toffs Tap, 3457 Jackson St., Class C Liq- uor License Corked, 269 Main, Special Class C Liquor (BeerNVine)Class B Wine (Carryout Wine) (Outdoor) (Sunday) Monks Kaffee Pub, 373 Bluff St., Class C Liquor License (Outdoor) (Sunday) Book 142 Regular Session, May 7, 2012 139 Stone Cliff Winery, 600 Star Brewery Dr., Class C Native Wine (Outdoor) (Sunday) Shenanigans Pub, 3203 Jackson St., Class C Liquor License (Sunday) Lot One, LLC, 100 Main St., Class C Liq- uor License (Sunday) Passed, approved and adopted this 7th day of May, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 118 -12 APPROVING APPLICATIONS FOR RETAIL CIGARETTE/TOBACCO SALES PERMITS, AS REQUIRED BY IOWA CODE 453A.47A. Whereas, applications for Ciga- rette/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 oth- erwise 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 author- ized and directed to cause to be issued the following named applicants and locations for cigarette /tobacco sales permit. Kmart #4018, 2600 Dodge St., Expiration Date June 30, 2012 Passed, approved and adopted this 7th day of May, 2012. Roy 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: Electrical Code Board: Two 3 -year terms through May 21, 2015 (Expiring terms of Schmidt and Uhlrich) Applicants: Robert Schmidt, 2184 Orchard Drive; and Paul Uhlrich, 489 Olympic Heights Road. Historic Preservation Commission: 1 three - year term through July 1, 2012 (vacant at -large term of Knight). Applicant Otto Krueger, 2521 Wheatland Drive, spoke in support of his ap- pointment. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to address the City Council. Proceedings on the Issuance of Not to Ex- ceed $475,000 General Obligation Bonds: For General Corporate Purposes and the City Manager recommending approval. Motion by Connors to receive, file and adopt Resolution No. 119 -12 Instituting proceedings to take ad- ditional action for the authorization and issu- ance of not to exceed $475,000 General Obli- gation Bonds. Seconded by Braig. Motion car- ried 7 -0. RESOLUTION NO. 119 -12 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $475,000 GENERAL OBLIGA- TION 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 issuance of not to exceed $475,000 General Obligation Bonds, for general corporate purposes, in order to provide funds to pay costs of the acquisition and installation of security cameras in the Lo- cust Ramp, and Library repairs and improve- ments, 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. 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 action for the authorization and issuance in the man- ner required by law of not to exceed $475,000 General Obligation Bonds for the foregoing general corporate purposes. Passed and approved this 7th day of May, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Proceedings on the Issuance of Not to Ex- ceed $600,000 General Obligation Bonds: For General Corporate Purposes and the City Manager recommending approval. Motion by Jones to receive, file and adopt Resolution No. 120 -12 Instituting proceedings to take addi- tional action for the issuance of not to exceed $600,000 General Obligation Bonds. Second- ed by Braig. Motion carried 7 -0. 140 Regular Session, May 7, 2012 Book 142 RESOLUTION NO. 120 -12 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $600,000 GENERAL OBLIGA- TION 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 issuance of not to exceed $600,000 General Obligation Bonds, for general corporate purposes, in order to provide funds to pay costs of City Hall repairs and improvements, including brick tuck - pointing, 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. 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 action for the authorization and issuance in the man- ner required by law of not to exceed $600,000 General Obligation Bonds for the foregoing general corporate purposes. Passed and approved this 7th day of May, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Proceedings on the Issuance of Not to Ex- ceed $700,000 General Obligation Bonds: For General Corporate Purposes and the City Manager recommending approval. Motion by Connors to receive, file and adopt Resolution No.121 -12 Instituting proceedings to take addi- tional action for the issuance of not to exceed $700,000 General Obligation Bonds. Second- ed by Jones. Motion carried 7 -0. RESOLUTION NO. 121 -12 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGA- TION 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 issuance of not to exceed $700,000 General Obligation Bonds, for general corporate purposes, in order to provide funds to pay costs of the reconstruc- tion, repair and improvement of Fire Station #4, the Civic Center and the Grand River Con- ference Center, and no petition was filed call- ing for a referendum thereon. The following action is now considered to be in the best in- terests of the City and residents thereof. 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 action for the authorization and issuance in the man- ner required by law of not to exceed $700,000 General Obligation Bonds for the foregoing general corporate purposes. Passed and approved this 7th day of May, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Proceedings on the Issuance of Not to Ex- ceed $8,650,000 General Obligation Bonds: For Essential Corporate Purpose and the City Manager recommending approval. Motion by Connors to receive, file and adopt Resolution No. 122 -12 Instituting proceedings to take ad- ditional action for the issuance of not to ex- ceed $8,650,000 General Obligation Bonds. Seconded by Jones. Motion carried 7 -0. RESOLUTION NO. 122 -12 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $8,650,000 GENERAL OBLIGATION BONDS Whereas, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to in- stitute proceedings for the issuance of not to exceed $8,650,000 General Obligation Bonds, for the essential corporate purposes of paying costs of reconstruction, extension and im- provement of the Dubuque Regional Airport; E911 Tower relocation; equipping the munici- pal fire department; rehabilitation and im- provement of existing City parks; FEMA land buyouts for the acquisition and demolition of abandoned, dilapidated or dangerous build- ings, structures or properties, and the remedia- tion of property and buildings damaged by a disaster under Iowa Code Section 29C.2 which are located in an area declared a disaster emergency by the President of the United States; acquisition, construction, extension and improvement of works and facilities useful for the collection, treatment and disposal of sewage and industrial waste and for the collec- tion and disposal of surface water and streams, acquisition, construction, improve- ment, repair and equipping of the municipal water utility and real and personal property useful for providing potable water, 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 residents thereof. NOW, THEREFORE, BE IT RESOLVED Book 142 Regular Session, May 7, 2012 141 BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the sale and issuance in the manner re- quired by law of not to exceed $8,650,000 General Obligation Bonds, for the foregoing essential corporate purposes. Passed and approved this 7th day of May, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Proceedings on the Issuance of Not to Ex- ceed $5,575,000 General Obligation Urban Renewal Bonds: The City Manager recom- mending approval. Motion by Jones to receive, file and adopt Resolution No. 123 -12 Instituting proceedings to take additional action for the issuance of not to exceed $5,575,000 General Obligation Bonds. Seconded by Braig. Motion carried 7 -0. RESOLUTION NO. 123 -12 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $5,575,000 GENERAL OBLIGATION BONDS Whereas, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to in- stitute proceedings for the issuance of not to exceed $5,575,000 General Obligation Bonds, for the essential corporate purposes of paying costs of aiding in the planning, undertaking and carrying out of urban renewal project ac- tivities under Chapter 403 of the Code of Iowa and the Amended and Restated Urban Re- newal Plans for the Dubuque Industrial Center West Economic Development District and the Greater Downtown Urban Renewal District, including those costs associated with grading, road construction, bridge, utilities extensions and development of a recreation area on the South Siegert Farm area of DICW and the funding of development incentives in the Washington Neighborhood Subarea of the Greater Downtown Urban Renewal District, and has considered the extent of objections received from residents or property owners as to the proposed issuance of Bonds, and no petition was filed calling for a referendum thereon; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof. 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 action for the sale and issuance in the manner re- quired by law of not to exceed $5,575,000 General Obligation Bonds for the foregoing essential corporate purposes. Passed and approved this 7th day of May, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated lim- iting discussion to the City Council. ACTION ITEMS Retail Single -Use Plastic Bag Reporting Ordinance (Third Reading, Tabled from April 16, 2012 meeting): City Manager recommend- ing that the request for a plastic bag reporting ordinance be withdrawn. it is further recom- mended that a voluntary system of plastic bag reporting be established through the end of 2013 and that there be an extension of all the target dates by one full year. The Phase I goal would move from July 1, 2013, to July 1, 2014, and the other target dates would also be ex- tended. At the end of 2013, compliance issues could be examined and reporting modifications recommended, if needed. Motion by Jones to remove from the table. Seconded by Braig. Motion carried 7 -0. Motion by Jones to receive, file, and ap- prove the City Manager's recommendations. Seconded by Connors. Resource Manage- ment Coordinator Paul Schultz and Scott Dittmer of Dittmer Recycling presented a brief video and responded to questions from the City Council. Motion carried 7 -0. Purchase of Service Grant Process: City Manager recommending approval of the Pur- chase of Service grant process for implemen- tation in Fiscal Year 2014. Motion by Jones to receive, file and approve the recommendation. Seconded by Braig. Motion carried 7 -0. Arts and Culture Program - Fiscal Year 2013 Operating Support Requests: Arts and Cultural Affairs Advisory Commission requesting ap- proval of the Fiscal Year 2013 Arts and Culture Funding Program for Operating Support rec- ommendations and associated funding agree- ments. Motion by Braig to receive, file and approve the recommendation. Seconded by Resnick. Neighborhood Development Special- ist Jerelyn O'Connor provided background information on the program and grant appli- cants. Motion carried 7 -0. Code of Ordinances - Excavation in Rights - of -Way Amendment: City Manager recom- mending approval of an amendment to the City of Dubuque Code of Ordinances, Title 10 Pub- lic Ways & Property, Chapter 2 Excavations to reference the City's Policy for Excavation in Rights -of -Way. Motion by Connors to receive and file the documents and that the require- 142 Regular Session, May 7, 2012 Book 142 ment that a proposed ordinance be considered and voted on for passage at two Council meet- ings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Motion carried 7 -0 Motion by Connors for final consideration and passage of Ordinance No. 31 -12 Amend- ing City of Dubuque Code of Ordinances Title 10 Public Ways & Property, Chapter 2 Excava- tions, Section 10 -2 by adding a new subsec- tion 10 -2 -6 B to reference the policy for exca- vation in rights -of -way. Seconded by Resnick. Motion carried 7 -0. Code of Ordinances — Mufflers; Prevention of Noise Amendment: City Manager recom- mending approval of amendments to City Code Section 9 -12- 321.346 Mufflers; Preven- tion of Noise, by modifying the requirement for proof of a violation. Motion by Connors to re- ceive and file the documents and that the re- quirement that a proposed ordinance be con- sidered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Motion carried 7 -0. Motion by Connors for final consideration and passage of Ordinance No. 32 -12 Amend- ing City Of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 12 Equipment, Section 9 -12- 321.436 Mufflers; Prevention of Noise by modifying the require- ment of proof for a violation. Seconded by Braig. Motion carried 7 -0 Historic Millwork District Banners: City Manager recommending approval of the de- sign and purchase of 30 banners for the His- toric Millwork District core area of Jackson and Washington Streets from 9th to 11th Streets and along 10th Street between Jackson and Elm Streets. Motion by Braig to receive, file, and approve the recommendation. Seconded by Connors. Motion carried 6 -1 with Lynch voting nay. Catfish Creek Watershed Management Au- thority - Draft 28E Agreement: City Manager requesting review and comment on the draft Catfish Creek Watershed Management Au- thority 28E Agreement with the City of Dubu- que, Dubuque County, the City of Asbury, the City of Peosta, the City of Centralia and the Dubuque Soil and Water Conservation District. It is further requested that the City Council appoint three Dubuque representatives to serve on the Catfish Creek Watershed Man- agement Authority Board of Directors. Motion by Connors to receive, file and adopt Resolu- tion No. 124 -12 Approving 28E Agreement for the Catfish Creek Watershed Management Authority. Seconded by Jones. Responding to questions from the City Council, Planning Ser- vices Laura Carstens and Swiss Valley Urban Conservationist Eric Schmechel stated that current committee members could form part of the group that acts as an advisory body and that Mr. Schmechel and a City engineer will be responsible for facilitating the meetings. City Manager Van Milligen stated that it is the City Council's decision on the process for choosing representation. Motion carried 7 -0. RESOLUTION NO. 124 -12 APPROVING 28E AGREEMENT FOR THE CATFISH CREEK WATERSHED MANAGE- MENT AUTHORITY Whereas, the Iowa Economic Development Authority and the Iowa Department of Natural Resources awarded a grant to the City of Dubuque to form the Catfish Creek Watershed Management Authority to reduce future flood risks and improve water quality in the water- shed; and Whereas, the City of Dubuque supports creation of the Catfish Creek Watershed Man- agement Authority pursuant to a 28E agree- ment between at least two political subdivi- sions in the watershed to accomplish the fol- lowing actions in accordance with the Code of Iowa: Assess and reduce flood risk; Assess and improve water quality; Monitor federal flood risk planning and ac- tivities; Educate residents of the watershed regard- ing flood risks and water quality; and allocate moneys made available for purposes of water quality and flood mitigation. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is authorized to sign the 28E Agreement for the Catfish Creek Watershed Management Authority on behalf of the City of Dubuque. Passed, approved and adopted this 7th day of May, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Waiver of Special Assessments - 400 East 22nd Street: City Manager recommending approval to delay application of the $4,150 in special assessments, due to work performed by the Housing Department to address exterior code violations at this abandoned property. Motion by Connors to receive, file, and ap- prove the recommendation. Seconded by Resnick. Motion carried 7 -0 Book 142 Regular Session, May 7, 2012 143 Greater Dubuque Development Corporation - Board Member Appointments: Communication from Rick Dickinson, Greater Dubuque Devel- opment Corporation, requesting appointments to the Greater Dubuque Development Corpo- ration Board of Directors (currently Mayor Roy Buol, City Manager Michael Van Milligen, Eco- nomic Development Director Dave Heiar and City Council Members Joyce Connors and Kevin Lynch). Motion by Jones to reappoint Council Members Connors and Lynch (one year terms from July 1, 2012 through June 30, 2013) and that Mayor Roy Buol, City Manager Michael Van Milligen, and Economic Devel- opment Director Dave Heiar continue to serve in their current capacity. Seconded by Res- nick. Motion carried 7 -0. COUNCIL MEMBER REPORTS Council Member Resnick thanked Mayor Buol for all the time he spends promoting and representing the City of Dubuque. Mayor Buol reported on his recent trip to Sweden and Germany with the National League of Cities to speak on Sustainable Dubuque. PUBLIC INPUT Kate Lydon, 123 Bluff Street, presented an internet petition showing support for allowing dogs in all the city parks. Robin McFarland, of That's My Dog, spoke in support of the issue. City Manager Van Milligen will submit the is- sue to a future meeting for referral to the Parks and Recreation Commission. There being no further business, upon mo- tion the City Council adjourned at 8:27 p.m. /s/Trish L. Gleason Assistant City Clerk 144 Special Session, May 8, 2012 Book 142 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:30 p.m. on May 8, 2012 in the Historic Federal Buildings, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Lynch, Resnick, Sutton (left at 6:24 p.m.); City Manager Van Milligen Absent: Council Member Jones, City Attor- ney Lindahl WORK SESSION University of Iowa Initiative for Sustainable Communities Project PRESENTATIONS 1. Sustainable Dubuque Indicators Sustainable Dubuque Coordinator Cori Burbach introduced presenters Tim Christen- sen, Medora Kealy. A. Methodology B. Results: strengths, neutrals, weakness- es, C. Recommendations 2. Renewable Energy Asset Mapping Pro- ject Vice President of Existing Business for Greater Dubuque Development Corporation Dan McDonald introduced presenters Nick Benson, Robin Fennig. A. Project Scope B. Building and urban -scale methodology C. Solar mapping (incoming solar radia- tion) D. Wind Mapping (parcel specific mapping) E. Ground source heat pump mapping (geothermal) F. Business Energy Demand; Sampling partnerships G. Return on Investment Procedure H. Interactive Map — renewable energy by parcel I. Renewable Energy Zoning and Historic Preservation Impact and Recommendations J. Access to Renewables K. Critical Facilities Policy Analysis 3. Portrait of Poverty Vice President of Programs for the Com- munity Foundation of Greater Dubuque Eric Dregne introduced presenters Tom Gross, Rose Phillips. A. Project Statement: Obtain an under- standing of poverty in the community Notable Research components B. SWOT Analysis (strengths, weakness- es, opportunities, threats) C. Recommendations: increase outreach efforts to attract low and moderate income civic leaders, make successful programs high funding priority, invest in key programs, ex- pand Sustainable Dubuque services for low - and moderate - income residents 4. Green and Healthy Homes Initiatives Vice President of Programs for the Com- munity Foundation of Greater Dubuque Eric Dregne introduced presenters Zach Panoff, Brian McDonough, Linnea Graffunder Project scope: Green and Healthy Homes Initiatives: remove lead, eliminate health and safety haz- ards, repair and rehab, and improve energy efficiency A. Project goals B. Fall 2011 recommendations C. Spring focus D. Methodology E. Priority Model (why, what, and how) F. Recommendations: identify subsets in need G. Renters and Landlords: recommenda- tions 5. Local Foods Dubuque County Extension and Outreach Program Manager Jason Neises introduced presenters Erik Sampson, Stephanie Lientz. A. Connect local food producers with Dubuque colleges and universities B. Project Deliverables: C. College and University Relationship Building: Foundation for institution - producer relationships: Networking events, goals, infor- mation sharing D. Marketing and Resource Materials; compilation of marketing messages E. Resource Map: "driftless" area pro- cessing facilities and resources F. Action Plan available on Dubuque Ex- tension web site Guide to creating and implementing a local food program at a collegiate institution. G. Recommendations City Council members had brief discussion with project team members following each presentation. Ms. Burbach concluded by recognizing the partnerships and value of the recommenda- tions and long -term action plans presented. There being no further business, upon mo- tion the City Council adjourned at 7:54 p.m. /s/Kevin S. Firnstahl City Clerk Book 142 Special & Regular Sessi ons, May 21, 2012 145 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:30 p.m. on May 21, 2012 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Jones, Lynch, Resnick, Sutton; Assis- tant City Manager Steinhauser, City Attorney Lindahl Absent: Connors Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on the Dubuque Regional Airport New Passenger Terminal Facility. WORK SESSION Dubuque Regional Airport New Passenger Terminal Facility City of Dubuque Airport Manager Bob Grierson and Marty Johnson of Straka John- son Architects provided a slide presentation on the proposed Regional Airport New Passenger Terminal Facility. City Council discussion included praise for the design of the new facility and the foresight for setting funds aside for the past years to pay for the facility. The funds will be collected as follows: $33.6 million from the Federal Aviation Administration, $5.2 million from airport fees and $1 million will come from the State of Io- wa. There being no further business, upon mo- tion the City Council adjourned at 6:02 p.m. /s/Trish L. Gleason Assistant City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on May 21, 2012 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut- ton; Assistant City Manager Steinhauser, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the Council. PLEDGE OF ALLEGIANCE MOMENT OF SILENCE PROCLAMATION(S) Mental Health Month (May 2012) was ac- cepted by Jerry Jorgensen, Vice President of Mental Health America of Dubuque County. CONSENT ITEMS Motion by Jones to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Braig. Motion carried 7 -0. Minutes and Reports Submitted: City Council proceedings of 5/7 and 5/8, Civil Ser- vice Commission Minutes of 5/9, Housing Commission of 4/17, Human Rights Commis- sion of 4/9, Investment Oversight Advisory Commission of 4/25, Zoning Advisory Com- mission of 5/2. Upon motion the documents were received and filed. Notice of Claims and Suits: Leann Marie Arlen for personal injury, Candace Briggs for property damage, Brian and Tracey Gallagher for property damage. Upon motion the docu- ments were received, filed and referred to City Attorney. Disposition of Claims: City Attorney advis- ing that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Leann Marie Arlen for personal injury, Candace Briggs for property damage, Brian and Tracey Gallagher for property damage, David 146 Regular Session, May 21, 2012 Book 142 Jansen for property damage. Upon motion the documents were received, filed and concurred. State Historical Society of Iowa: Corre- spondence from the State Historical Society of Iowa informing the City that the Upper Central Avenue Commercial Historic District, 1460- 1965 Central Avenue, will be considered by the State National Register Nominations Re- view Committee on June 8, 2012 at the Dubu- que Masonic Temple. Upon motion the docu- ment was received and filed. Citizen Petition - Dogs in City Parks: Kate Lydon of FIDO Dubuque submitting a citizen petition to allow dogs in City Parks. Upon mo- tion the document was received, filed and re- ferred to the Park and Recreation Commis- sion. Citizen Petition - Residential Parking Per- mit District: Karen Leubka, 1160 Marjorie Cir- cle, submitting a citizen petition on behalf of the residents of Amy Court and Lucy Drive requesting an amendment to the residential parking permit district. Upon motion the docu- ment was received, filed and referred to City Manager. Dubuque County Historical Society - HRDP Grant application: City Manager recommend- ing approval for the City Manager to sign the ownership form in support of the Historic Re- source Development Program grant applica- tion by the Dubuque County Historical Society for $8,600 in grant funds for the interior resto- ration project at the Mathias Ham House. Up- on motion the documents were received, filed and Resolution No. 125 -12 Authorizing HRDP Grant application to the State Historical Socie- ty of Iowa for the restoration project at Mathias Ham House historic site was adopted. RESOLUTION NO. 125 -12 AUTHORIZING HRDP GRANT APPLICA- TION TO THE STATE HISTORICAL SOCIE- TY OF IOWA FOR RESTORATION PRO- JECT AT MATHIAS HAM HOUSE HISTORIC SITE Whereas, the State Historical Society of Iowa has determined historic building restora- tions are eligible for Historic Resource Devel- opment Program (HRDP) funds; and Whereas, the City of Dubuque owns the Mathias Ham House Historic Site and has des- ignated the property as a City Landmark Site; and Whereas, the City of Dubuque supports the restoration project proposed by the Dubuque County Historical Society. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager is author- ized to sign the ownership form in support of the application by the County Historical Socie- ty to the State Historical Society of Iowa for HRDP Grant Funds for the restoration project at the Mathias Ham House Historic Site. Passed, approved and adopted this 21st day of May, 2012. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk Brownfield /Grayfield Application for Carad- co Landlord, LLC: City Manager recommend- ing approval of a Brownfield /Grayfield Rede- velopment Tax Credit Application to the Iowa Economic Development Authority (IEDA), on behalf of Caradco Landlord, LLC. Upon motion the documents were received, filed and Reso- lution No. 126 -12 Approving the Brown- field /Grayfield Redevelopment Tax Credit ap- plication to the Iowa Economic Development Authority on behalf of Caradco Landlord, LLC was adopted. RESOLUTION NO. 126 -12 APPROVING A BROWNFIELD /GRAYFIELD REDEVELOPMENT TAX CREDIT APPLICA- TION TO THE IOWA ECONOMIC DEVEL- OPMENT AUTHORITY, ON BEHALF OF CARADCO LANDLORD, LLC Whereas, the State of Iowa has estab- lished a Brownfield /Grayfield Tax Credit Pro- gram to assist in the redevelopment of Iowa brownfields and grayfields; and Whereas, the former Carr, Adams, and Ryder Company building is considered a gray - field site; and Whereas, the Caradco building project will provide much needed residential development to the downtown area; and Whereas, the City Council finds that the proposed application is acceptable and neces- sary 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. The City of Dubuque agrees to sponsor the Brownfield /Grayfield Redevelop- ment Tax Credit Application on behalf of Ca- radco Landlord, LLC. Section 2. That the Mayor is hereby au- thorized and directed to execute this Resolu- tion on behalf of the City of Dubuque and for- ward the executed copy to the Iowa Economic Development Authority. Passed, approved and adopted this 21st day of May, 2012. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk Delinquent Water, Sewer, Refuse and Book 142 Regular Session, May 21, 2012 147 Stormwater Accounts: City Manager recom- mending approval to certify delinquent water, sewer, storm water and refuse charges to the Dubuque County Treasurer in order to estab- lish real property liens for collection of such charges. Upon motion the documents were received, filed and Resolution No.127 -12 Adopting the Schedule of Assessments for delinquent water, sewer, refuse and storm - water accounts and directing the City Clerk to certify the Schedule of Assessments to the County Treasurer and to publish notice thereof was adopted. RESOLUTION NO. 127 -12 ADOPTING THE SCHEDULE OF ASSESS- MENTS FOR DELINQUENT WATER, SEW- ER, REFUSE AND STORMWATER AC- COUNTS AND DIRECTING THE CITY CLERK TO CERTIFY THE SCHEDULE OF ASSESSMENTS TO THE COUNTY TREAS- URER AND TO PUBLISH NOTICE THEREOF NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the Sched- ule of Assessments attached hereto for delin- quent water, sewer, refuse, and stormwater accounts which Schedule of Assessments was filed in the office of the City Clerk on the 15th day of May, 2012, the said Schedule of As- sessments be and the same is hereby ap- proved and adopted. That there be, and is hereby assessed and levied as a lien upon the real property, the respective sums indicated. That the City Clerk be and is hereby di- rected to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publi- cation of which shall be not more than fifteen days from the date of filing of the final sched- ule. On or before the date of the second publi- cation of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Iowa Code § 384.60. The assessments may be paid in full or in part at the Utility Billing Office, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after the date of the first publication of the notice of the filing of the Schedule of As- sessments with the County Treasurer. After 30 days, unpaid assessments are payable at the County Treasurer's Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and charges shall be collected in the same manner as general property taxes against the respective parcels of the property set opposite the name of the property owner. Passed, approved and adopted this 21st day of May, 2012. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk Schedule of Assessments Delinquent Water, Sewer, Refuse and Stormwater Accounts Customer Name, Service Address, Total Balance Aaron J Lincoln, 704 Caledonia St, $44.67 Allan R Brimeyer, 327 Klingenberg Ter, $111.47 Amber M Fleege, 3056 White St, $42.03 Anna M Riniker, 2528 Jackson St, $114.09 Anthony D Burke, 1281 W 5th St, 75.26 Antonio G Conley, 1104 Riverview St, 31.94 Auto & Truck Parts Inc., 3000 Jackson St, 270.62 Bayview Investments LL , 30 W 28th St 45.78 Bill J Finn, 1860 Heeb St, 41.98 Bill J Finn, 2010 Shelby St, 100.96 Brett H Rettenmeier, 1809 Lori St, 399.49 BRP Properties LLC, 1118 White St Apt 1, 26.91 BRP Properties LLC, 1118 White St Apt 2, 43.12 BRP Properties LLC, 754 W 5th St, 214.06 BRP Properties LL , 675 Jefferson St, 425.57 Bruce A Krolick, 2327 White St, 41.97 Bryan R Glanz, 2995 Hillcrest Rd, 38.90 Charles W Wehrspann, 3870 Creston St, 57.29 Chris C Clark, 2411 Rhomberg Ave, 37.22 Chris F Curfman, 82 Alpine St, 26.73 Chris J Feldman, 1675 Amy Ct, 88.07 Christopher J Mayne, 1001 Garfield Ave, 115.85 CK Concrete Construction LLC, 7869 Commerce Park, 133.08 Colon J Bobbitt, 501 Obeche Ct, 137.47 Corey D Lansing, 2243 Central Ave., 548.48 Cory L Data, 719 Rose St, 301.36 Crystal Rasheed, 2419 Jackson St, 84.53 Curtis J Prado, 2230 Francis St Apt 2, 104.94 D W Geiger, 2600 Central Ave, 512.11 Dale B Walker, 830 Valentine Dr, 31.57 Dale Kleinschrodt, 421 Kaufmann Ave., 139.51 Dallas M Kalmes, 1038 Bluff St, 361.94 Dan Bastian, 610 Kurt Ct, 123.63 Daniel J Siefker, 1838 Central Ave, 195.82 Daniel J Siefker, 1838 Central Ave, 440.80 Darla Fortmann, 899 Edison St., 218.60 Dean W Miller, 604 Rhomberg Ave, 69.49 Debbie L Feldman, 739 W 8th St, 62.37 Deutsche Bank National Trust, 475 Valeria St, 249.92 Don D Heim, 596 University Ave, 110.21 148 Regular Session, May 21, 2012 Book 142 Dubuque Property Investments, 554 W 8th St, 652.97 Dubuque Property Management, 1554 Lo- cust St Apt 1, 50.65 Ed F Davis, 971 Bluff St, 102.34 Fred J Husemann III, 2926 Washington St, 42.40 Gary Bernhard, 1110 Roosevelt St, 45.96 Gary Bernhard, 1100 Roosevelt St, 114.05 Gary E & Susan M Bay, 1805 Jackson St, 153.29 Gary E & Susan M Bay, 1815 Jackson St, 154.03 Gary Hansen, 2060 Ellen St, 178.39 H & R Properties , 1586 Washington St, 90.79 Henkel & Co , 1810 Central Ave, 205.00 Henkel & Company Inc., 1804 Central Ave Apt 1, 20.07 High Performance LLC, 1592 Iowa St, 551.06 High Performance Properties LLC, 561 Lo- ras Blvd, 245.85 J Foht, 723 Peru Rd, 114.05 Jacqueline C Woodward, 2509 Roosevelt St Stables, 357.25 Jamie J Miller, 2450 Merfeld Ln, 135.53 Janet M Miller, 2175 Roosevelt St, 81.71 Janice J Thielen, 703 E 22od St, 228.49 Janice Weis, 400 E 22nd St, 42.86 Jason Specht, 524 Rhomberg Ave, 238.69 Jay C Close, 689 W Locust St, 156.55 Jayme J Mescher, 2577 Glenview Cr, 251.59 Jeffrey J Welter, 695 Kane St, 45.60 Jeffrey T Smith, 1265 Thomas PI, 80.76 Jeremy D Shireman, 2225 St Celia St, 141.76 Jerod F & Sarah A Bennett, 750 Kelly Ln, 102.69 Jesse Rans, 2008 Foye St, 91.02 Jody & Jason P McCarty, 2170 Deborah Dr., 116.77 John R Barbee, 3085 Oak View Ct, 246.79 Julie Leclere, 2489 Hempstead St, 249.37 Kathryn A Schrauth, 410 Kaufmann Ave, 68.70 Kenneth A Ginter, 2662 Ogle St, 96.07 Key City Land Investments LLC, 3270 Dodge St, 681.73 Key City Properties LLC, 3125 Cedar Crest Rdg., 176.34 Key City Properties LLC, 3131 Cedar Crest Rdg., 215.17 Kingdom Investment LLC, 993 W 3rd St, 528.25 Kingdom Investment LLC, 308 Hill St Apt 2, 103.75 Kingdom Investment LLC, 308 Hill St Apt 1, 225.61 Kingdom Investment LLC, 500 Hill St, 100.06 Kristi M Eppler, 2305 Queen St, 24.82 Larry & Cheryl Conley, 2512 Broadway St, 228.62 Larry Oglesby, 712 Hill St. Apt 1, 89.42 Laura A / Toby C Benson, 1625 N Algona St., 139.67 Lonnie L Allen, 2565 Front St, 93.75 Main Street Development Co., 100 Main St., 294.64 Martin K Winders, 2370 Green St, 381.20 Mary B Mellor, 3110 Sheridan Rd., 113.27 Michael D Dohanich, 2283 White St, 64.56 Michael Dennison, 595 Angella St., 255.08 Michael J Schetgen, 3922 Inwood Ave, 102.80 Michael Kane, 2222 Washington St, 105.38 Michael Lloyd, 2046 Morningview Rd., 75.59 Michael P Kane, 2220 Washington St, 427.95 Michelle Scott, 607 W 8th St, 45.36 Natalie A Bonar, 305 Clarke Dr, 56.27 Nina K Nelson, 520 Lincoln Ave, 169.92 Pat F Naderman, 2124 Jackson St, 253.08 Pat Naderman, 2126 Jackson St, 352.58 Patrick Duggan, 1540 Central Ave Busi- ness, 70.24 Patrick Niemer & Joseph Ryan, 919 W 5th St, 901.50 Patrick R Marsh, 158 Bluff St, 90.66 Perry D Sopina, 116 W 13th St, 28.14 Perry Sopina, 116 W 13th St, 147.49 Philip F Schromen, 713 Peru Rd, 98.26 Quattro C Properties LLC, 2676 Raven Oaks Dr, 135.21 Quattro C Properties LLC, 2670 Raven Oaks Dr, 49.39 Randy E & Pamela J Davis, 840 Roosevelt St, 62.92 Rebecca A Stover, 2875 Argyle St, 84.41 Rebecca S Brandenburg, 1404 Lincoln Ave, 344.71 Richard D Ames, 2337 Cherry St, 32.63 Ricky J Hurst, 3975 Inwood Ave, 114.05 Robert J Sarazin, 2626 Broadway St, 66.93 Roger & Regina Blackbourn, 1967 Rock- dale Rd, 153.56 Ronald L Houselog, 716 E 22nd St, 100.75 Ronda S Carpenter, 2655 Beverly Ave, 185.86 Rozi M Mayne, 1623 Washington St, 66.18 Ruth M Montgomery, 928 Garfield Ave, 110.69 Sara J Hines, 2169 Elm St, 87.02 Scott M Bries, 735 Kirkwood St 2nd, 89.65 Secretary Of Housing & Urban , 2224 Francis St Apt 1, 32.71 Secretary Of Housing & Urban , 2224 Francis St Apt 2, 32.71 Secretary Of Housing & Urban , 2222 Book 142 Regular Session, May 21, 2012 149 Francis St, 32.75 Secretary Of Housing & Urban , 904 Rhomberg Ave, 204.07 Sherrie L Jones, 2790 AndrewCt, 187.63 St Thomas LLC , 1261 Thomas PI, 327.23 Theresa M Sawvell, 5300 Old Highway Rd, 70.99 Thomas & Martha Blake, 2414 Windsor Ave Apt 1, 106.67 Thomas & Martha Blake, 2414 Windsor Ave Apt 2, 71.94 Thomas & Martha Blake, 809 W 8th St 69.99 Thomas J & Martha J Blake, 2301 White St Apt 2, 67.50 Thomas J & Martha J Blake, 809 W 8th St # 2, 100.42 Thomas J & Martha J Blake, 2214 Jackson St # 2, 147.78 Thomas J & Martha J Blake, 357 Kauf- mann Ave Apt 2, 173.93 Thomas J & Martha J Blake, 2301 White St Apt 1, 201.51 Thomas J Wernimont, 1328 Jackson St, 133.30 Timothy K Manning, 1552 Locust St, 102.69 Tina M Pluemer, 890 Pleasant St, 32.03 Todd J Koeller, 3180 Shiras Ave, 93.55 Tom J Ede, 3951 Inwood Ave, 114.05 Toni Hook, 480 Klingenberg Ter, 603.04 Travis Nelson, 1523 Adair St, 176.39 Tri -State Property Management, 545 Pickett St, 277.61 Vicki L Rako, 1017 Bluff St, 134.39 Vikki L Vondran, 2490 Green St, 91.04 Walter Mclaughlin, 689 W 8th St, 96.45 Walter P Donath, 1683 Garfield Ave, 186.98 Enterprise Zone Commission - At -Large Appointments: City Manager recommending City Council confirmation of Dan LoBianco, Doug Stillings and Rick Stein for the three at- large positions to serve on the Enterprise Zone Commission. Upon motion the documents were received, filed, and approved. Federal Emergency Management Agency (FEMA) - Flood Insurance Rate Map and Study: Correspondence from the Federal Emergency Management Agency (FEMA) transmitting preliminary copies of the Flood Insurance Rate Map (FIRM) and Flood Insur- ance Study (FIS) report for Dubuque County and incorporated areas for review and com- ment. Upon motion the documents were re- ceived, filed and referred to City Manager. Federal Emergency Management Agency (FEMA) - Buyout Properties Lien holder Search Agreement: City Manager recommend- ing approval of the City of Dubuque's lien holder search agreement with Clemens, Wal- ters, Conlon & Meyer for the FEMA Buyout Program's Section 403 Immediate Threat Demolition program. Upon motion the docu- ments were received, filed, and approved. Health Choices Administrative Services: City Manager recommending approval of the administrative services fee presented by Health Choices of $20.10 per contract per month effective July 2, 2012 through June 30, 2014. Upon motion the documents were re- ceived, filed, and approved. Plat of Survey - Dubuque Industrial Center West Addition: Zoning Advisory Commission recommending approval of the Plat of Survey for Lots 1 and 2 of Dubuque Industrial Center West Addition subject to waiving lot frontage for Lot 2. Upon motion the documents were received, filed and Resolution No.128 -12 Ap- proving the Plat of Survey Lot 1 and Lot 2, Dubuque Industrial Center West 9th Addition in City of Dubuque, Iowa was adopted. RESOLUTION NO. 128 -12 APPROVING THE PLAT OF SURVEY LOT 1 AND LOT 2, DUBUQUE INDUSTRIAL CEN- TER WEST 9TH ADDITION IN CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Plat of Survey Lot 1 and Lot 2, Dubu- que Industrial Center West 9th Addition in the city of Dubuque, Iowa ; and Whereas, said Plat of Survey provides 0 feet of frontage for Lot 2 on a public or ap- proved private street, where 100 feet of street frontage is required by Section 11 -14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code; and Whereas, said Plat of Survey has been ex- amined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Plat of Survey has been ex- amined by the City Council and they find that it conforms to the statutes and ordinances relat- ing thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 11 -14 of Title 16 of the City of Dubuque Code of Ordinances, Uni- fied Development Code, is waived to allow 0 feet of frontage on a public street or an ap- proved private street for Lot 2. Section 2. That the Plat of Survey Lot 1 and Lot 2, Dubuque Industrial Center West 9th Addition is hereby approved and the Mayor and City Clerk are hereby authorized and di- rected to endorse the approval of the City of Dubuque, Iowa upon said Plat of Survey. Passed, approved and adopted this 21st day of May, 2012. 150 Regular Session, May 21, 2012 Book 142 Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk Plat of Survey - Bee Branch Subdivision No. 7: Zoning Advisory Commission recom- mending approval of the Plat of Survey of Lots 1 and 2 of Bee Branch Subdivision No. 7 sub- ject to waiving the lot area requirement for Lot 2. Upon motion the documents were received, filed and Resolution No.129 -12 Approving the Plat of Survey of Lot 1 and 2 of Bee Branch Subdivision No 7 in City of Dubuque, Iowa was adopted. RESOLUTION NO. 129 -12 APPROVING THE PLAT OF SURVEY OF LOT 1 AND 2 OF BEE BRANCH SUBDIVI- SION NO. 7 IN CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Plat of Survey of Lot 1 and 2 of Bee Branch Subdivision No. 7 in the city of Dubu- que, Iowa; and Whereas, said Plat of Survey provides 2,439 square feet of lot area for Lot 2, where 2,500 square feet is required by Section 11 -14 of Title 16 of the City of Dubuque Code of Or- dinances, Unified Development Code; and Whereas, said Plat of Survey has been ex- amined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Plat of Survey has been exam- ined by the City Council and they find that it conforms to the statutes and ordinances relat- ing thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 11 -14 of Title 16 of the City of Dubuque Code of Ordinances, Uni- fied Development Code, is waived to allow 2,439 square feet of lot area for Lot 2. Section 2. That the Plat of Survey of Lot 1 and 2 of Bee Branch Subdivision No. 7 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa up- on said Plat of Survey. Passed, approved and adopted this 21st day of May, 2012. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk Plat of Survey - Bee Branch Subdivision No. 8: Zoning Advisory Commission recom- mending approval of the Plat of Survey of Lots 1 and 2 of Bee Branch Subdivision No. 8 sub- ject to waiving lot frontage and lot area for Lot 2. Upon motion the documents were received, filed and Resolution No.130 -12 Approving the Plat of Survey of Lot 1 and 2 of Bee Branch Subdivision No. 8 in City of Dubuque, Iowa was adopted. RESOLUTION NO. 130 -12 APPROVING THE PLAT OF SURVEY OF LOT 1 AND 2 OF BEE BRANCH SUBDIVI- SION NO. 8 IN CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Plat of Survey of Lot 1 and 2 of Bee Branch Subdivision No. 8 in the city of Dubu- que, Iowa ; and Whereas, said Plat of Survey provides 0 feet of frontage for Lot 2 on a public or ap- proved private street and 676 square feet of lot area, where 25 feet of street frontage and 2,500 square feet of lot area are required by Section 11 -14 of Title 16 of the City of Dubu- que Code of Ordinances, Unified Development Code; and Whereas, said Plat of Survey has been exam- ined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Plat of Survey has been ex- amined by the City Council and they find that it conforms to the statutes and ordinances relat- ing thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 11 -14 of Title 16 of the City of Dubuque Code of Ordinances, Uni- fied Development Code, is waived to allow 0 feet of frontage on a public street or an ap- proved private street and 676 square feet of lot area for Lot 2. Section 2. That the Plat of Survey of Lot 1 and 2 of Bee Branch Subdivision No. 8 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa up- on said Plat of Survey. Passed, approved and adopted this 21st day of May, 2012. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk Signed Contracts: Celebration Belle River Boat Docking Agreement. Upon motion the documents were received and filed. Alcohol Compliance Civil Penalty for Alco- hol License Holders - Chopper's Bar: City Manager recommending approval of the Ac- knowledgment/Settlement Agreement for an alcohol compliance violation for Chopper's Bar, 601 Rhomberg Avenue. Upon motion the documents were received, filed, and approved. Alcohol Compliance Civil Penalty for Alco- hol License Holders - Salsa's Mexican Restau- rant: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Salsa's Mexican Restaurant, 1091 Main Street. Upon motion the documents were received, filed, Book 142 Regular Session, May 21, 2012 151 and approved. Alcohol License Applications: City Manager recommending approval of annual liquor, beer, and wine licenses as submitted. Upon motion the documents were received, filed and Reso- lution No. 131 -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 were adopted. RESOLUTION NO. 131 -12 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND /OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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 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 appli- cants 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 author- ized and directed to cause to be issued the following named applicants and permit types. Cedar Cross Amoco, 1200 Cedar Cross Rd., Class C Beer (Sunday) Days Inn & Spirits Bar & Grill, 1111 Dodge St., Class B Liquor (Hotel /Motel) (Outdoor) (Sunday) Diamond Jo Casino, 301 Bell St., Class C Liquor, Class B Wine(Outdoor & Carryout Wine)(Sunday) Easy Street, 30 Main St., Class C Liquor (Outdoor Service) (Sunday) Hartig Drug Company #2, 157 Locust St., Class E Liquor, Class B Wine, Class C Beer (Carryout )(Sunday) Hy -Vee Wine & Spirits "A ", 3500 Dodge St. "A ", Class E Liquor, Class B Wine, Class C Beer (Carryout )(Sunday) Keywest Conoco, 2150 Twin Valley Dr., Class C Beer, Class B Native Wine (Sunday) McCann's Service, Inc., 690 W Locust, Class C Beer (Sunday) Pioneers Rest Stop, 4900 Old Highway Rd., Class C Beer (Sunday) Shot Tower Inn, 390 Locust St. , Class C Liquor (Sunday) Walgreens #06154, 2260 J F K Rd., Class E Liquor, Class B Wine, Class C Beer (Car- ryout )(Sunday) Walgreens #09708, 55 JFK Rd., Class E Liquor, Class B Wine, Class C Beer (Carryout )(Sunday) Walgreens #11942, 345 E 20th St., Class E Liquor, Class B Wine, Class C Beer (Car- ryout )(Sunday) Kalmes Breaktime Bar and Grill, 1097 Jackson St., Class C Liquor (Sunday) SPECIAL EVENTS Clarke University, 1550 Clarke Dr., Class C Liquor (Outdoor Service) Kick Off To Summer, Town Clock Plaza, Class B Beer (Includes Wine Cool - ers)(Outdoor) Passed, approved and adopted this 21st day of May, 2012. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk ITEMS TO BE SET FOR PUBLIC HEARING Motion by Connors to receive and file the documents, adopt the resolutions, set the pub- lic hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Resnick. Motion carried 7 -0. Loras Parkway: City Manager recommend- ing that a public hearing be set for June 4, 2012 to consider the plans and specifications, form of contract, and estimated cost of the Loras Parkway Project. Upon motion the doc- uments were received, filed and Resolution No. 132 -12 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing for June 4, 2012 on plans, specifications, form of contract, and estimated cost (Loras Parkway Project, Iowa DOT Project No. TCSP -PA27 (003) - - 9S-31) was adopted. RESOLUTION NO. 132 -12 LORAS PARKWAY PROJECT IOWA DOT PROJECT NO. TCSP- PA27(003)- -9S -31 PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECI- FICATIONS, FORM OF CONTRACT, AND ESTIMATED COST NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Loras Parkway Project, in the estimated amount $651,484.86, are hereby preliminarily ap- proved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 4th day of June, 2012, at 6:30 p.m. in the Historic Fed- 152 Regular Session, May 21, 2012 Book 142 eral Building Council Chambers at which time interested persons may appear and be heard for or against the proposed plans and specifi- cations, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be pub- lished in a newspaper having general circula- tion 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 plans, specifications, form of con- tract, or estimated cost of the Project. Passed, adopted and approved this 21st day of May, 2012. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk BOARDS /COMMISSIONS Applicant Andrea Helgager, 40 Main Street was invited to address the City Council regard- ing her desire to serve on the following Com- mission; Human Rights Commission: one 3- year term through January 1, 2013 (Vacant term of Ronek). She was not present. Appointments made at this meeting: Electrical Code Board: Two 3 -year terms through May 21, 2015 (Expiring terms of Schmidt and Uhlirch) Applicants: Robert Schmidt, 2184 Orchard Drive and Paul Uhlrich, 489 Olympic Heights Road. Motion by Braig to reappoint Robert Schmidt and Paul Uhlrich to the Electrical Code Board for two 3 -year terms through May 21, 2015. Seconded by Connors. Motion carried 7 -0. Historic Preservation Commission: 1 three - year term through July 1, 2012 (Vacant at- large term of Knight) Applicant: Otto Krueger, 2521 Wheatland Drive. Motion by Connors to appoint Otto Krueger to the Historic Preserva- tion Commission for 1 three -year term through July 1, 2012. Seconded by Resnick. Motion carried 7 -0. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to address the City Council. Request to Rezone - 3399 Eagle Point Drive from R -1 Single Family Residential Dis- trict to AG Agricultural District as requested by Robert and Leann McDonald and the Zoning Advisory Commission recommending approv- al. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Motion carried 7 -0. Motion by Connors for final consideration and passage of Ordinance No. 33 -12 Amend- ing Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 3399 Eagle Point Drive from R -1 Single - Family Residential District to AG Agri- cultural District. Seconded by Jones. Motion carried 7 -0. OFFICIAL PUBLICATION ORDINANCE NO. 33 -12 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLAS- SIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 3399 EAGLE POINT DRIVE FROM R -1 SINGLE - FAMILY RESIDENTIAL DISTRICT TO AG AGRICUL- TURAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, is hereby amended by reclassi- fying the hereinafter described property from R -1 Single - Family Residential District to AG Agricultural District, to wit: Lot 2 of 1 of 1 of 1 of 6 Fountain Hill Re- subdivision, and to the centerline of the adjoin- ing public right -of -way, all in the City of Dubu- que, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Io- wa. Section 3. This Ordinance shall take effect upon publications, as provided by law. Passed, approved and adopted this 21st day of May, 2012. /s /Roy D. Buol, Mayor Attest: /s/Trish L. Gleason, Assistant City Clerk Published officially in the Telegraph Herald newspaper on the 25th day of May, 2012. /s/Trish L. Gleason, Assistant City Clerk Request to Rezone - 890 Cedar Cross Road from CS Service & Wholesale District to C -3 General Commercial District as requested by Catherine George and the Zoning Advisory Commission recommending approval. Motion by Connors to receive and file the documents and that the requirement that a proposed ordi- nance be considered and voted on for pas- sage at two Council meetings prior to the meeting at which it is to be passed be sus- Book 142 Regular Session, May 21, 2012 153 pended. Seconded by Braig. Motion carried 7- 0. Motion by Connors for final consideration and passage of Ordinance No. 34 -12 Amend- ing Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 890 Cedar Cross Road from CS Commercial Service and Wholesale District to C -3 General Commercial District Seconded by Jones. Motion carried 7 -0. OFFICIAL PUBLICATION ORDINANCE NO. 34 -12 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLAS- SIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 890 CEDAR CROSS ROAD FROM CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT TO C -3 GENERAL COMMERCIAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, is hereby amended by reclassi- fying the hereinafter described property from CS Commercial Service and Wholesale Dis- trict to C -3 General Commercial District, to wit: Lot 2 of 1 of 3 Hansel's Addition and Lot 1, Block 1 Cedar Cross Industrial Park, and to the centerline of the adjoining public right -of- way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Io- wa. Section 3. This Ordinance shall take effect upon publications, as provided by law. Passed, approved and adopted this 21st day of May, 2012. /s /Roy D. Buol, Mayor Attest: /s/Trish L. Gleason, Assistant City Clerk Published officially in the Telegraph Herald newspaper on the 25th day of May, 2012. /s/Trish L. Gleason, Assistant City Clerk Upon motion the rules were reinstated lim- iting discussion to the City Council. ACTION ITEMS Advertisement of Bond Sale - Series 2012C and 2012D: City Manager recommend- ing approval of the advertisement for the sale of Taxable General Obligation Bonds Series 2012C and General Obligation Bonds Series 2012D and approval of the electronic bidding procedures. Motion by Jones to receive and file the documents and adopt Resolution No. 133 -12 Directing the advertisement for sale of $6,965,000 Taxable General Obligation Bonds, Series 2012C and $7,595,000 General Obligation Bonds, Series 20120, approving electronic bidding procedures, and authorizing distribution of a Preliminary Official Statement. Seconded by Braig. Motion carried 7 -0. RESOLUTION NO. 133 -12 RESOLUTION DIRECTING THE ADVER- TISEMENT FOR SALE OF $6,965,000 TAX- ABLE GENERAL OBLIGATION BONDS, SERIES 2012C AND $7,595,000 GENERAL OBLIGATION BONDS, SERIES 2012D, AP- PROVING ELECTRONIC BIDDING PROCE- DURES, AND AUTHORIZING DISTRIBU- TION OF A PRELIMINARY OFFICIAL STATEMENT Whereas, the City of Dubuque, Iowa (the "City ") is in need of funds to pay costs of re- construction, extension and improvement of the Dubuque Regional Airport; E911 Tower relocation; equipping the municipal fire de- partment; rehabilitation and improvement of existing City parks; FEMA land buyouts for the acquisition and demolition of abandoned, di- lapidated or dangerous buildings, structures or properties, and the remediation of property and buildings damaged by a disaster under Iowa Code Section 29C.2 which are located in an area declared a disaster emergency by the President of the United States; acquisition, construction, extension and improvement of works and facilities useful for the collection, treatment and disposal of sewage and indus- trial waste and for the collection and disposal of surface water and streams, acquisition, construction, improvement, repair and equip- ping of the municipal water utility and real and personal property useful for providing potable water, essential corporate purpose projects, and it is deemed necessary and advisable that the City issue general obligation bonds for said purpose in the amount of not to exceed $8,650,000 as authorized by Section 384.25 of the Code of Iowa; and Whereas, pursuant to notice published as required by Section 384.25 this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issu- ance of the above described Bonds, and all objections, if any, to such Council action made by any resident or property owner of said City were received and considered by the Council; and it is the decision of the Council that addi- tional action be taken for the issuance of said Bonds, and that such action is considered to be in the best interests of said City and the residents thereof; and Whereas, the City also is in need of funds to pay costs of aiding in the planning, under- taking and carrying out of urban renewal pro- ject activities under Chapter 403 of the Code 154 Regular Session, May 21, 2012 Book 142 of Iowa and the Amended and Restated Urban Renewal Plans for the Dubuque Industrial Center West Economic Development District and the Greater Downtown Urban Renewal District, including those costs associated with grading, road construction, bridge, utilities ex- tensions and development of a recreation area on the South Siegert Farm area of DICW and the funding of development incentives in the Washington Neighborhood Subarea of the Greater Downtown Urban Renewal District, and it is deemed necessary and advisable that the City issue general obligation urban renewal bonds for said purpose to the amount of not to exceed $5,575,000 as authorized by Sections 403.12 and 384.24(3)(q) of the Code of Iowa; and Whereas, pursuant to notice published as required by Sections 403.12 and 384.24(3)(q) this Council has held a public meeting and hearing upon the proposal to institute proceed- ings for the issuance of the above described Bonds, and no petitions were filed calling for an election thereon and all objections, if any, to such Council action made by any resident or property owner of said City were received and considered by the Council; and it is the deci- sion of the Council that additional action be taken for the issuance of said Bonds, and that such action is considered to be in the best interests of said City and the residents thereof; and Whereas, the City also is in need of funds to pay costs of the reconstruction, repair and improvement of Fire Station #4, the Civic Cen- ter and the Grand River Conference Center, general corporate purpose project, and it is deemed necessary and advisable that the City issue general obligation bonds for said pur- poses to the amount of not to exceed $700,000 as authorized by Section 384.26 of the Code of Iowa; and Whereas, pursuant to notice published as required by Section 384.26 this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issu- ance of the above described Bonds, and no petitions were filed calling for an election thereon and all objections, if any, to such Council action made by any resident or proper- ty owner of said City were received and con- sidered by the Council; and it is the decision of the Council that additional action be taken for the issuance of said Bonds, and that such ac- tion is considered to be in the best interests of said City and the residents thereof; and Whereas, the City also is in need of funds to pay costs of the acquisition and installation of security cameras in the Locust Ramp, and Library repairs and improvements, general corporate purpose project, and it is deemed necessary and advisable that the City issue general obligation bonds for said purposes to the amount of not to exceed $475,000 as au- thorized by Section 384.26 of the Code of Io- wa; and Whereas, pursuant to notice published as required by Section 384.26 this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issu- ance of the above described Bonds, and no petitions were filed calling for an election thereon and all objections, if any, to such Council action made by any resident or proper- ty owner of said City were received and con- sidered by the Council; and it is the decision of the Council that additional action be taken for the issuance of said Bonds, and that such ac- tion is considered to be in the best interests of said City and the residents thereof; and Whereas, the City also is in need of funds to pay costs of City Hall repairs and improve- ments, including brick tuck - pointing, general corporate purpose project, and it is deemed necessary and advisable that the City issue general obligation bonds for said purposes to the amount of not to exceed $600,000 as au- thorized by Section 384.26 of the Code of Io- wa; and Whereas, pursuant to notice published as required by Section 384.26 this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issu- ance of the above described Bonds, and no petitions were filed calling for an election thereon and all objections, if any, to such Council action made by any resident or proper- ty owner of said City were received and con- sidered by the Council; and it is the decision of the Council that additional action be taken for the issuance of said Bonds, and that such ac- tion is considered to be in the best interests of said City and the 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 two separate se- ries, in the aggregate principal amounts as hereinafter described; and Whereas, a preliminary form of Official State- ment 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 approved 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 recommending 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 competitive bidding process and facilitate the delivery of bids by interested parties; and Book 142 Regular Session, June 4, 2012 155 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 facsimile and internet communication. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the receipt of electronic bids for the Bonds hereinafter described by facsimile machine and through the PARITY competitive bidding system described in the Notice of Bond Sale described herein are hereby found and determined to provide rea- sonable security and to maintain the integrity of the competitive bidding process, and to fa- cilitate the delivery of bids by interested parties in connection with the offering of the Bonds hereinafter described at public sale. Section 2. 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, correc- tions or modifications as the Finance Director, upon the advice of bond counsel and the City's financial advisor, shall determine to be appro- priate, and is authorized to be distributed thereafter in connection with the offering of the Bonds for sale. Section 3. That the City Clerk be and is hereby authorized and directed to publish no- tice of sale of said Bonds at least once, the last one of which shall be not less than four clear days nor more than twenty days before the date of the sale. Publication shall be made in the Telegraph Herald, a legal newspaper, printed wholly in the English language, pub- lished within the county in which the Bonds are to be offered for sale or an adjacent county. Said notice is given pursuant to Chapter 75 of the Code of Iowa, and shall state that this Council, on the 4th day of June, 2012, at 6:30 o'clock P.M., will hold a meeting to receive and act upon bids for said Bonds; said notice to be in substantially the [provided] form: Passed and approved this 21st day of May, 2012. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk COUNCIL MEMBER REPORTS Council member Sutton reported that she will be speaking on May 24th at the Hope House. There being no further business, upon mo- tion the City Council adjourned at 6:54 p.m. /s/Trish L. Gleason Assistant City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on June 4, 2012 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut- ton; City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the Council. PLEDGE OF ALLEGIANCE MOMENT OF SILENCE PROCLAMATION(S) Apples for Students Months (June /July 2012) was accepted by Karen Bryant, Events Coordinator for St. Mark Community Center, 1201 Locust Street. LGBT Pride Month (June 2012) was ac- cepted by Jessi Perry on behalf of Dubuque 365, Dubuque Friends Worship Group, Mid- west Equality Coalition, PFLAG— Dubuque Chapter, Rainbow Pride, the Riverview Center, Soul Harbor Ministries, and the Unitarian Uni- versalist Fellowship of Dubuque. CONSENT ITEMS Motion by Connors to receive and file the documents, adopt the resolutions, and dispose of as indicated with exception to ( #11) Dubu- que Industrial Center South – Grading & Utili- ties Bid Rejection, which was held for separate discussion by John Moyna; and ( #14) Gavilon Grain, LLC Salt Handling Contract, which was removed from the agenda.. Seconded by Lynch. Motion carried 7 -0. Minutes and Reports Submitted: City Council proceedings of 5/21, Historic Preser- vation Commission of 5/17, Safe Community Task Force of 3/14; Proofs of publication for City Council proceedings of 5/7 and 5/8. Upon motion the documents were received and filed. Grand Opera House: Correspondence from Paul Hemmer, Executive Director of the Grand Opera House, thanking the Arts and 156 Regular Session, June 4, 2012 Book 142 Cultural Affairs Advisory Commission for spe- cial project and operational support grant fund- ing. Upon motion the document was received and filed. Arts and Cultural Affairs Advisory Commis- sion: Communication from Commissioner Geri Shafer regarding her decision not to re -apply to the Arts and Cultural Affairs Advisory Com- mission. Upon motion the document was re- ceived and filed. TS Business Group, LLC - Grant of Ease- ment for Floodwall Improvements: City Man- ager recommending acceptance of the Grant of Easement from TS Business Group for Floodwall Improvements behind 1701 Penn- sylvania Avenue. Upon motion the documents were received and filed and Resolution No.134 -12 Accepting the Grant of Easement for floodwall improvements over and across part of Lot 2 of Lot 2 of the Southeast''% of the Southeast '/a of Section 21, T89N, R2E 5th P.M. in the City of Dubuque, Dubuque County, Iowa, was adopted. RESOLUTION NO. 134 -12 ACCEPTING THE GRANT OF EASEMENT FOR FLOODWALL IMPROVEMENTS OVER AND ACROSS PART OF LOT 2 OF LOT 2 OF THE SOUTHEAST 1/4 OF THE SOUTH- EAST 1/4 OF SECTION 21, T89N, R2E 5TH P.M. IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, TS Business Group, LLC, has executed a Grant of Easement for Floodwall Improvements over and across Lot 1 of the South 150 feet of the East 300 feet of the West 430 feet of Lot 2 of Lot 2 of the Southeast''% of the Southeast 1/4 of Section 21, Township 89 North, Range 2 East of the 5th P.M. in the City of Dubuque, Dubuque County, Iowa, according to the recorded plat thereof, also described as Lot 1 of the North 150 feet of the South 183 feet of the East 300 feet of the West 430 feet of Lot 2 of Lot 2 of the SE '/a of the SE '/a of Section 21, Township 89 North, Range 2 East of the 5th P.M. in the City of Dubuque, Dubu- que County, Iowa, according to the plat rec- orded in Instrument No. 598 -80, as shown on Exhibit A attached hereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grant of Easement for Floodwall Improvements from the City of Dubuque, copies of which are attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 4th day of June, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Dubuque Regional Airport - New Passen- ger Terminal Site Work: City Manager recom- mending approval to move $28,462 in Operat- ing Funds to this Capital Project to increase the local match to include a 15% contingency. Upon motion the documents were received, filed, and approved. Intermodal Transportation Campus - Con- sultant for Design Phase: City Manager rec- ommending authorization to negotiate a con- tract with Neumann Monson for the multi - phased final design and for construction over- sight of an Intermodal Transportation Campus in the Historic Millwork District. Upon motion the documents were received, filed, and ap- proved. Authorized Depository Institutions: City Manager recommending approval of a resolu- tion increasing the maximum balance of City funds allowed to be deposited in Dubuque Bank and Trust to $60,000. Upon motion the documents were received and filed and Reso- lution No. 135 -12 Naming depositories was adopted. RESOLUTION NO. 135 -12 Whereas, Chapter 12C.2 of the 2201 Code of Iowa states that the approval of a financial institution as a depository shall be by written resolution or order which shall be entered of record in the minutes of the approving board, and which shall distinctly name each deposito- ry approved, and specify the maximum amount which may be kept on deposit in each deposi- tory; and Whereas, This procedure is required if a fi- nancial institution changes its name or home office location, if the maximum amount is changed, or if a financial institution is added or deleted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the following financial insti- tutions are approved to be depositories of the City of Dubuque, Iowa funds in conformance with all applicable provisions of the 2001 Iowa Code Chapter 12C.2. The City Treasurer is hereby authorized to deposit City of Dubuque, Iowa funds in amounts not to exceed the max- imum approved for each respective financial institution as set out below. Book 142 Regular Session, June 4, 2012 157 Depository Name, Location of Home Of- fice, Maximum Balance American Trust & Savings Bank, Dubuque, Iowa, $40,000,000 Dubuque Bank & Trust Company, Dubu- que, Iowa, $60,000,000 U.S. Bank, Minneapolis, Minnesota, $40,000,000 Dupaco Community Credit Union, Dubu- que, Iowa, $20,000,000 Premier Bank, Dubuque, Iowa, $20,000,000 East Dubuque Savings Bank, Dubuque, Iowa, $20,000,000 Liberty Bank, Des Moines, Iowa, $20,000,000 State Central Bank, Keokuk, Iowa, $20,000,000 BBVA Compass, Birmingham, Alabama, $100,000 Passed, approved and adopted this 4th day of June, 2012. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk Circles Program Contract - Move the Mountain Contract: City Manager recommend- ing approval of a contract with Move the Moun- tain for services for the July 2012 - June 2013 contract year, at a cost of $5,600. Upon motion the documents were received, filed, and ap- proved. Dubuque Soil and Water Conservation Dis- trict Contract Amendment: City Manager rec- ommending approval of an amended contract with the Dubuque Soil and Water Conservation District for the Catfish Creek Watershed Man- agement Authority. Upon motion the docu- ments were received and filed and Resolution No.136 -12 Approving a contract amendment for watershed planning between the City of Dubuque, Iowa, and the Dubuque Soil and Water Conservation District was adopted. RESOLUTION NO. 136 -12 APPROVING A CONTRACT AMENDMENT FOR WATERSHED PLANNING BETWEEN THE CITY OF DUBUQUE, IOWA AND THE DUBUQUE SOIL AND WATER CONSERVA- TION DISTRICT Whereas, the City of Dubuque is party to the Agreement creating the Dubuque Soil and Water Conservation District (the District); and Whereas, City wishes to engage the Dis- trict to provide additional technical and profes- sional watershed planning services on the terms and condition set forth in the attached amended Agreement; and Whereas, the District has the authority to perform the additional services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The amended Agreement at- tached hereto is hereby approved. Section 2. The Mayor is authorized and di- rected to execute the amended Agreement on behalf of the City of Dubuque Passed, approved, and adopted this 4th day of June 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Mediacom Communications Company: Correspondence from Lee Grassley, Senior Manager for Government Relations for Media - com Communications Company informing the City of programming changes as of June 18, 2012. Upon motion the document was re- ceived and filed. Dubuque Industrial Center South - Grading & Utilities Bid Rejection: City Manager recom- mending rejection of all competitive bid pro- posals and that the City Council authorize staff to immediately re -bid the project and authorize the City Clerk to advertise for proposals. Mo- tion by Jones to receive and file the docu- ments and adopt Resolution No. 137 -12 Re- jecting all competitive bid proposals received for the Dubuque Industrial Center South Grad- ing and Utilities — 2012 Project, Phase I and directing the City Clerk to re- advertise for the project. Seconded by Braig. John Moyna, C.J. Monya & Sons, Inc., 24412 Highway 13, Elka- der, Iowa, addressed the Council regarding what he believed were issues with the bidding processes, bid addendums, and the publica- tion of bid information, and he ask the City Council to reconsider the rejection of bids. Responding to questions from the City Coun- cil, City Engineer Gus Psihoyos and City At- torney Barry Lindahl stated that bids become public information at the time they are opened and read as stated in the Notice to Bidders. Motion carried 7 -0. RESOLUTION NO. 137 -12 REJECTING ALL COMPETITIVE BID PRO- POSALS RECEIVED FOR THE DUBUQUE INDUSTRIAL CENTER SOUTH GRADING & UTILITIES — 2012 PROJECT, PHASE I AND DIRECTING THE CITY CLERK TO RE- ADVERTISE FOR BIDS FOR THE PROJECT Whereas, competitive sealed bid proposals have been submitted by contractors for the Dubuque Industrial Center South Grading & Utilities — 2012 Project, Phase I (the Project) pursuant to Resolution No. 78 -12 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 19th day of March, 2012.; and Whereas, said competitive sealed pro- posals for the Project were opened and read on the 10th day of May, 2012; and 158 Regular Session, June 4, 2012 Book 142 Whereas, the City Council has deemed it advisable to reject all bid proposals for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. All bid proposals for the Project are hereby rejected. Section 2. The City Clerk is authorized and instructed to return the bid deposits of the un- successful bidders for the Project. Section 3. The City Clerk is hereby di- rected to re- advertise for bids for the Project 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 2:00 p.m. on the 21st day of June, 2012. Bids shall be opened and read by the City Clerk at said time and will be sub- mitted to the City Council for final action at 6:30 p.m. on the 2od day of July, 2012, in the Historic Federal Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, approved and adopted this 4th day of June, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Federal Emergency Management Agency (FEMA): City Manager recommending approv- al for the City of Dubuque to proceed through the review and appeal procedures as outlined in the letter received from the Federal Emer- gency Management Agency (FEMA) dated May 4, 2012. Upon motion the documents were received, filed, and approved. Sustainable Dubuque Project Status Re- port: City Manager transmitting the Sustaina- ble Dubuque monthly project status update for May 2012. Upon motion the documents were received and filed. Gavilon Grain, LLC - Salt Handling Con- tract: City Manager recommending approval of a salt handling contract with Gavilon Grain, LLC for the 2012 -13 season. Upon motion this item was removed from the agenda. Iowa Department of Transportation (IDOT) - Grade Crossing Surfacing Repair Agreement City Manager recommending approval of the State of Iowa Federal -Aid Grade Crossing Surface Repair Agreement between the Cana- dian Pacific Railway d /b /a Dakota, Minnesota & Eastern Railroad Corporation, Iowa Depart- ment of Transportation, and the City of Dubu- que for the East 16th Street railroad crossing. Upon motion the documents were received and filed and Resolution No. 138 -12 Approving State of Iowa Federal -Aid Grade Crossing Surface Repair Agreement for the construction of surface improvements at the railroad cross- ing located at East 16th Street (Agreement 376127D) was adopted. RESOLUTION NO. 138 -12 APPROVING STATE OF IOWA FEDERAL - AID GRADE CROSSING SURFACE REPAIR AGREEMENT FOR THE CONSTRUCTION OF SURFACE IMPROVEMENTS AT THE RAILROAD CROSSING LOCATED AT EAST 16TH STREET (AGREEMENT 376127D) Whereas, the Canadian Pacific Railroad DBA Dakota, Minnesota & Eastern Railroad Corporation, Iowa Department of Transporta- tion, and City of Dubuque have agreed to enter into a Federal -Aid Grade Crossing Surface Repair Agreement for the construction of sur- face improvements at the railroad crossing located at East 16th Street; and Whereas, the Iowa Department of Trans- portation has developed a Grade Crossing Surface Repair Agreement (376127D) dated April 30, 2012, outlining the terms and condi- tions between the Canadian Pacific Railroad and the City for the construction of surface improimprovements at the railroad crossing at East 16 vements Street is being granted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the State of Iowa Federal - Aid Grade Crossing Surface Repair Agree- ment (376127D) between the Canadian Pacific Railroad, Iowa Department of Transportation, and the City of Dubuque is hereby approved for the construction of surface improvements at the railroad crossing located at East 16th Street. Section 2. That the Mayor be authorized and directed to execute three copies of said State of Iowa Federal -Aid Grade Crossing Surface Repair Agreement (376127D). Section 3. Whereas the City has a Railroad Crossing At -Grade Improvements CIP budget- ed in FY08 and FY09 to cover the matching funds for said improvements. Section 4. That a certified copy of the reso- lution be submitted to Canadian Pacific Rail- road and to Iowa Department of Transportation by the City Clerk of the City of Dubuque. Passed, adopted and approved this 4th day of June, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Eide Bailly Audit Engagement Agreement City Manager advising that the annual audit engagement letter to Eide Bailly has been signed and is transmitting information con- tained in the audit engagement letter. Upon Book 142 Regular Session, June 4, 2012 159 motion the documents were received and filed. Smart Planning Consortium Update: City Manager transmitting an update to the City Council on the Dubuque County Smart Plan- ning Consortium. Upon motion the documents were received and filed. Southwest Arterial - AECOM Supplemental Agreement: City Manager recommending ap- proval for the Mayor to execute the Consultant Professional Services - Supplemental Agree- ment with AECOM Technical Services, Inc. for the final engineering design phase of the Southwest Arterial, subject to the concurrence of the Iowa Department of Transportation. Up- on motion the documents were received and filed and Resolution No. 139 -12 Approving the Consultant Professional Services Supple- mental Agreement No. 11 between AECOM Technical Services, Inc. and the City of Dubu- que for the final engineering design phase of the Southwest Arterial Project was adopted. RESOLUTION NO. 139 -12 APPROVING THE CONSULTANT PROFES- SIONAL SERVICES - SUPPLEMENTAL AGREEMENT NO. 11 BETWEEN AECOM TECHNICAL SERVICES, INC. AND THE CITY OF DUBUQUE FOR THE FINAL ENGI- NEERING DESIGN PHASE OF THE SOUTHWEST ARTERIAL PROJECT Whereas, the City of Dubuque is proceed- ing with the Southwest Arterial Project, from U.S. Highway 20 to U.S. Highway 151/61, in Dubuque, Iowa; and Whereas, as a result of proposed design and plan modifications, the Consultant Profes- sional Services - Supplemental Agreement authorizes AECOM to provide the revised scope of services to continue to advance the completion of the final engineering design phase. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said Consultant Profes- sional Services - Supplemental Agreement No. 11 between AECOM Technical Services, Inc. and the City of Dubuque for the final engineer- ing design phase of the Southwest Arterial project is hereby approved, subject to the con- currence of the Iowa Department of Transpor- tation. Section 2. That the Mayor be authorized and directed to execute three copies of said Consultant Professional Services - Supple- mental Agreement with AECOM Technical Services, Inc. for the final engineering design phase of the Southwest Arterial project. Passed, approved and adopted this 4th day of June, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Sunset Ridge Reconstruction - Project Ac- ceptance: City Manager recommending ac- ceptance of the improvements, establish the final contract at $1,225,080.15 and adopt the Final Schedule of Assessments for the Sunset Ridge Reconstruction Project. Upon motion the documents were received and filed and Resolution No. 140 -12 Accepting the Sunset Ridge Reconstruction Project and authorizing the payment of the contract amount to the con- tractor; and Resolution No. 141 -12 Adopting the final assessment schedule for the Sunset Ridge Reconstruction Project were adopted. RESOLUTION NO. 140 -12 ACCEPTING THE SUNSET RIDGE RECON- STRUCTION PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Sunset Ridge Reconstruction 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 Engi- neer recommends that the Project be accept- ed. 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 Street Construction Program, Watermain Re- placement Program, Sunset Ridge Street Lighting, Sunset Ridge Sanitary Sewer, and Storm Sewer appropriations for the contract amount of $1,225,080.15 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such re- tainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 4th day of June, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk City Engineer's Certificate of Final Comple- tion of the Sunset Ridge Reconstruction Project The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Sunset Ridge Reconstruction Project, that the Project has been performed in compliance with the terms of the Public Im- provement Contract, and that the total cost of the completed work is $1,323,578.24. Dated this 25th day of May, 2012. 160 Regular Session, June 4, 2012 Book 142 /s /Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 29th day of May, 2012. /s /Kevin S. Firnstahl, City Clerk RESOLUTION NO. 141 -12 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE SUNSET RIDGE RE- CONSTRUCTION PROJECT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: After full consideration, the Final Schedule of Assessments as shown on the attached sheet(s), Page 1 to Page 1 inclusive, is hereby approved for the Sunset Ridge Reconstruction Project There is hereby assessed and levied as a special tax against and upon each of the bene- fited properties, the respective sums indicated. The amounts shown in said Final Schedule of Assessments as deficiencies are found to be proper and levied conditionally against the respective properties benefited by the im- provements as shown in the Final Schedule of Assessments, subject to the provisions of Iowa Code § 384.63. Said assessments against said lots are hereby declared to be in propor- tion to the special benefits conferred and not in excess of twenty -five percent of the value of same. The City Clerk be and is hereby directed to certify the Final Schedule of Assessments to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the Final Schedule of Assessments. On or before the date of the second publication of the no- tice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the office of the City Treasurer, City Hall, 50 W. 13th Street, Dubu- que, Iowa, at any time within 30 days after the date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid assessments of $100.00 or more are payable in 15 annual installments at the County Treasurer's Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual interest at nine percent (9 %) computed to De- cember 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. However, when the last day of September is a Saturday or Sunday, that amount shall be delinquent from the second business day of October. De- linquent installments will draw the same delin- quent interest as ordinary taxes. Property owners may elect to pay any annual install- ments semi - annually in advance. Passed, approved and adopted this 4th day of June, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Schedule of Assessments Sunset Ridge Reconstruction Project Property Owner Name, Lot Description, Parcel Number, Valuation With Improve- ment, City, State, Net Paving Improvement Cost, Total Public Improvement Cost, Water Service Costs, Sanitary Sewer Private Lat- eral Cost, Concrete Sidewalk Cost, Total Net Assessment, Water Service Deficiency, Sanitary Sewer Deficiency, Sanitary Sewer Connection Charge Nemmers, Genevieve F., Lot 1 -29 & 2 -28 Sunset Ridge Sub, 10 35 252 001, $332,289.59, Dubuque IA 52003, $3,284.49, $3,284.49, $19,005.10, $0.00, $22,289.59 Koopmann, Leonard & Jody Scott Koop, M Lot 1 -1 -2 ML 129 & Lot 2 -1 Sunset Ridge, 10 35 179 003, $418,699.05, Dubuque IA 52003, $896.87, $896.87, $19,402.18, $0.00, $20,299.05 Wagner, Hubert & Elma N., Lot 1 -1 Sunset Ridge Sub, 10 35 251 001, $379,788.37, Dubuque IA 52003, $3,401.77, $3,401.77, $16,988.55, $2,398.05, $22,788.37 Scott, Michael H. & Nicola M., Lot 2 Sunset Ridge & Lot 2 -1 -2 ML 129, 10 35 179 004, $365,213.50, Dubuque IA 52003, $2,582.76, $2,582.76, $16,770.14, $1,260.60, $20,613.50 Schmitz, Margaret B. Trustee, Lots 27, 1- 28 & 2 -29 Sunset Ridge Sub, 10 35 252 003, $347,771.84, Dubuque IA 52003, $4,781.39, $4,781.39, $1,415.37, $19,075.08, $0.00, $25,271.84 Wahlert, Susan L. Trustee Revocable Tr, Sunset Ridge No 2 Lots 2 -2 & 2 -1 Both of ML 129, 10 35 179 010, $591,532.06, Dubuque IA 52003, $4,969.80, $4,969.80, $18,892.59, $2,469.67, $26,332.06 Obbink, Bruce A. & Kristi R., Lot 26 Sunset Ridge Sub, 10 35 252 004, $484,283.26, Dubuque IA 52003, $2,484.90, $2,484.90, $19,388.36, $0.00, $21,873.26 Mohr, Matthew D. & Jennifer M., Lot 25 Sunset Ridge Sub, 10 35 252 005, $353,254.82, Dubuque IA 52003, $2,484.90, $2,484.90, $1,415.37, $16,154.55, $0.00, $20,054.82 Eddy, Jeffrey W. & Charlene A., Lot 2 -1 -1 ML 129 & Lot 5 Sunset Ridge, 10 35 179 007, $295,298.72, Dubuque IA 52003, $2,514.12, $2,514.12, $17,533.60, $1,051.00, $21,098.72 Book 142 Regular Session, June 4, 2012 161 De Long, Myra E., Lot 24 Sunset Ridge Sub, 10 35 252 006, $408,375.03, Dubuque IA 52003, $2,508.93, $2,508.93, $17,366.10, $0.00, $19,875.03 Kennedy, James G. & Frances D., Lot 6 Sunset Ridge & Lot 1 -1 -1 ML 129, 10 35 179 008, $434,892.51, Dubuque IA 52003, $2,713.69, $2,713.69, $21,051.17, $1,927.65, $25,692.51 Kreiss, Jon N. & Molly A., Lot 22 & S 20' Lot 23 Sunset Ridge Sub, 10 35 252 008, $342,819.58, Dubuque IA 52003, $3,033.79, $3,033.79, $17,085.79, $0.00, $20,119.58 Roling, Benjamin M., Lot 21 Sunset Ridge Sub, 10 35 252 009, $340,161.24, Dubuque IA 52003, $2,530.66, $2,530.66, $17,630.58, $0.00, $20,161.24 Conlon, Stephen D., Lot 1 Sunset Ridge #4, 10 35 251 005, $779,603.23, Dubuque IA 52003, $7,084.23, $7,084.23, $21,742.35, $3,976.65, $32,803.23 Richardson, James R., Lot 1 Sunset Ridge #3, 10 35 252 012, $347,606.13, Dubuque IA 52003, $2,545.46, $2,545.46, $19,060.67, $0.00, $21,606.13 Their, Tony A. & Anna K., Lot 2 Sunset Ridge #3 & N 1/2 Lot 18 Sunset Ridge, 10 35 252 014, $294,740.23, Dubuque IA 52003, $3,921.63, $3,921.63, $1,415.37, $19,653.23, $0.00, $24,990.23, $638.02, Kalb, Andrew E. & Conlon, Rebecca E., Lot 1 Sunset Ridge #5, 10 35 251 006, $407,177.29, Dubuque IA 52003, $4,388.81, $4,388.81, $21,561.78, $2,426.70, $28,377.29 Fiesler, Martin L. & Fromm, Scott I., S 1/2 Lot 18 Sunset Ridge, 10 35 402 002, $253,981.29, Dubuque IA 52003, $1,244.47, $1,244.47, $1,268.10, $16,668.72, $0.00, $19,181.29, $147.27, $702.43, Wertheimer, Mark & Barbara R., Lots 13, 1 -1 -14, 2 -12 All in Sunset Ridge, 10 35 401 002, $550,244.79, Dubuque IA 52003, $3,502.51, $3,502.51, $17,168.15, $1,474.13, $22,144.79 Heitzman, Wesley W. & Harriet, Lot 1 -15 Sunset Ridge, 10 35 402 005, $276,701.80, Dubuque IA 52003, $3,404.46, $3,404.46, $1,415.37, $18,481.97, $0.00, $23,301.80 Woodward, Thomas N. & Charlice L., Lot 2 Faldorf Place (4.6 Ac) & Lots 2 -14 & 2 -15, 10 35 402 009, $552,438.09, Dubuque IA 52003, $7,006.56, $7,006.56, $22,189.17, $542.36, $29,738.09 Smith, Peter L. & Susan M., Lot 2 -14 Sun- set Ridge, 10 35 401 003, $261,399.04, Dubu- que IA 52003, $2,834.42, $2,834.42, $15,872.35, $1,392.27, $20,099.04 Kennedy, James G. & Frances D., Lot 2 -7 Sunset Ridge Sub, 10 35 251 002, $27,696.00, Dubuque IA 52003, $1,172.18, $1,172.18, $0.00, $0.00, $1,172.18$1,558.73 De Long, Myra E., N 80' or Bal Lot 23 Sun- set Ridge Sub, 10 35 252 007, $65,389.43, Dubuque IA 52003, $2,003.11, $2,003.11, $2,486.32, $0.00, $4,489.43 Conlon, Stephen D., Lot 2 Sunset Ridge #5, 10 35 401 005, $75,725.22, Dubuque IA 52003, $1,978.89, $1,978.89, $0.00, $1,218.06, $3,196.95$2,453.58 Fiesler, Martin L. & Fromm, Scott I., Lot 17 Sunset Ridge, 10 35 402 003, $32,841.79, Dubuque IA 52003, $2,493.17, $2,493.17, $3,048.62, $0.00, $5,541.79 Sherman, Timothy J. & Kelly M., Lot 16 Sunset Ridge, 10 35 402 004, $51,600.71, Dubuque IA 52003, $2,490.86, $2,490.86, $1,415.37, $9,394.48, $0.00, $13,300.71, $1,551.64, Wartburg Theological Seminary, Lot 1 -1 & 2 -1 both of ML 132, 10 35 128 006, $991,291.85, Dubuque IA 52003, $0.00, $0.00, $0.00, $771.85, $771.85 Conlon, Christine, "All" McDonald Wart- burg Place, 10 35 201 007, $730,755.82, Dubuque IA 52003, $0.00, $0.00, $24,455.82, $0.00, $24,455.82 Homelessness Prevention and Rapid Re- Housing Program (HPRP): Correspondence from the U.S. Department of Housing and Ur- ban Development (HUD) informing the City that it must expend 100 percent of the Home- lessness Prevention and Rapid Re- Housing Program (HPRP) grant by July 15, 2012. Upon motion the documents were received, filed and referred to the City Manager. Healthy Homes and Lead Hazard Control Grant Quarterly Report: Correspondence from the U.S. Department of Housing and Urban Development (HUD) Office of Healthy Homes and Lead Hazard Control informing the City that its program has received an overall rating of 100 out of 100 with a Green designation for meeting and /or exceeding most primary benchmarks. Upon motion the documents were received and filed. Economic Development Administration Disaster Grant - Bee Branch Creek Restora- tion: City Manager recommending that the City submit a $4 million grant request to the U.S. Economic Development Administration for the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No.142 -12 Approving an appli- cation for flood disaster funding to the EDA for the Bee Branch Creek Restoration Project was adopted. RESOLUTION NO. 142 -12 APPROVING AN APPLICATION FOR FLOOD DISASTER FUNDING TO THE TO THE EDA FOR THE BEE BRANCH CREEK RESTORATION PROJECT Whereas, the Economic Development Ad- 162 Regular Session, June 4, 2012 Book 142 ministration (EDA) has announced the availa- bility of Disaster funding for cities and counties that received a Federal Disaster Declaration in 2011 and Whereas, the City has identified the Bee Branch Creek Restoration Project to mitigate future flood disaster and create a more resili- ent economic development and job retention environment. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor is authorized to sign and submit this application to the EDA for Dis- aster Funding for the Bee Branch Creek Res- toration Project. Section 2. That in the event said applica- tion is approved, the City Council hereby pro- vides its written assurance that the Bee Branch Creek and its associated flood plain will be adequately maintained for its intended public use. Passed, approved and adopted this 4th day of June, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Signed Contracts: A) Dubuque County Elections Lease, B) Twilight River Boat Dock- ing Agreement. Upon motion the documents were received and filed. Business License Refunds: Request for liquor license refunds for The Twisted Pickle, LLC in the amount of $211.25; and The Dis- trict, Inc. in the amount of $422.50. Upon mo- tion the documents were received, filed, and approved. Alcohol and Tobacco License Applications: City Manager recommending approval of an- nual liquor, beer, wine and tobacco licenses applications as submitted. Upon motion the documents were received and filed and Reso- lution No.143 -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. 144 -12 Approving applications for retail ciga- rette /tobacco sales permits, as required by Iowa Code 453A.47A were adopted. RESOLUTION NO. 143 -12 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND /OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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 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 bonds and otherwise complied with the re- quirements 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 author- ized and directed to cause to be issued the following named applicants and permit types. House of China, Co., 170 J F K Rd., Class C Liquor (Sunday) Jumpers Sports Bar & Grill, 2600 Dodge St., Adding Outdoor Service Kwik Star #495, 2685 Dodge St., Class C Beer, Class B Native Wine (Sunday) Ooh La La, 3460 Hillcrest Rd., Class B Wine (Sunday) The Hancock House B and B, 1105 Grove Ter., Class B Native Wine (Living Quarters) Rotary Club of Dubuque, 135 W. 8th St., Special Class C Liquor (Sunday) Passed, approved and adopted this 4th day of June, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 144 -12 APPROVING APPLICATIONS FOR RETAIL CIGARETTE/TOBACCO SALES PERMITS, AS REQUIRED BY IOWA CODE 453A.47A Whereas, applications for Ciga- rette/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 oth- erwise 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 author- ized and directed to cause to be issued the following named applicants and locations for cigarette /tobacco sales permit. Phillips 66 /Arby's, 10 Main St. 16th St. Auto Truck Plaza, 1215 E 16th St. Ron's Discount Smokes and Beverage Center, 1450 Loras Blvd. Ron's Discount Smokes and Beverage Center, 3300 Asbury Rd. Book 142 Regular Session, June 4, 2012 163 Plaza 20 BP /Amoco, 2600 Dodge St. Ron's 5 Point Mart, 405 Rhomberg Ave. Casey's General Store #2420, 2699 Rock- dale Rd. Casey's General Store #2421, 4003 Peru Rd. Kmart #4018, 2600 Dodge St. Big 10 Mart, 1101 Rhomberg Ave. Big 10 Mart, 1875 JFK Rd. Big 10 Mart, 2100 JFK Rd. Sid's Beverage Store, Inc., 2727 Dodge St. Iowa Street Market, 1256 Iowa St. Road Ranger #159, 2175 Central Ave. Tobacco Outlet Plus #504, 806 Wacker Dr. Suite 140 Kwik Star #495, 2685 Dodge St. McCann's Service, Inc., 690 West Locust St Oky Doky #1, 250 West 1st St. Hy -Vee Wine & Spirits #1, 3500 Dodge St. Hy -Vee Food Store #1, 3500 Dodge St. Hy -Vee C Store #1, 3270 Dodge St Hy -Vee Food Store #2, 2395 NW Arterial Hy -Vee Gas #2, 2435 NW Arterial Hy -Vee Food Store #3, 400 S. Locust St. Hy -Vee Food Gas #3, 300 S. Locust St Clark of Dubuque, 700 Rhomberg Ave. Beecher Co. Inc., 1691 Asbury Rd. Hartig Drug #2, 157 Locust St. Hartig Drug #3, 2255 JFK Rd. Hartig Drug #4, 2225 Central Ave. Hartig Drug #8, 1600 University Ave. Eagle Country market, 1800 Elm St. Walgreens #9708, 55 JFK Rd. Walgreens #11942, 345 East 20th St. Walgreens #6154, 2260 JFK Rd. Fareway Stores #114, 2050 JFK Blvd. Paro Food Mart, 3200 Central Ave. Family Mart, 3201 Central Ave. Pioneer's Rest Stop, 4900 Old Highway Rd. Cedar Cross Amoco BP, 1200 Cedar Cross Rd. Passed, approved and adopted this 4th day of June, 2012. Roy Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS /COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions; applicant ap- pointments will be made at the next City Council meeting. Arts and Cultural Affairs Advisory Commis- sion: Three 3 -year terms through June 30, 2015 (Expired terms of Henkels, Steffen and Shafer). Specialized positions: 2 Busi- ness /Professional representatives (One liv- ing /working within the Cultural District); and 1 At -Large living /working outside the Cultural District. Applicants: Ellen Henkels, 890 W. 3rd Street; John Keith King, 489 W. 4th Street; Julie Steffen, 2260 Coates Street; Vince Wil- liams, 3965 Creston Street. Ms. Henkels, Mr. King, and Mr. Williams spoke in support of their respective appointments. Civic Center Advisory Commission: One 3- year term through June 29, 2015 (Expired term of Parks). Applicant: Bryce Parks, 2005 N. Main Street. Historic Preservation Commission: One 3- year term through July 1, 2015 (Expired At- Large term of Bichell). Applicant: Mary Loney Bichell, 595 W. 11th Street. Investment Oversight Advisory Commis- sion: Two 3 -year terms through July 1, 2015 (Expired terms of Chalmers and Simonson). Applicants: Brad Chalmers, 1095 W. 3rd Street; John Keith King, 489 W. 4th Street; Ashlie Si- monson, 44 S. Algona Street. Mr. King spoke in support of his appointment. Library Board of Trustees (Mayoral Ap- pointment) Two 4 -year terms through July 1, 2016 (Expired terms of Connors and Ander- son- Bricker). Applicants: John Anderson - Bricker, 903 Merz Street; Paula Connors, 818 S. Grandview Avenue; John Pregler, 1525 Pego Court. Mr. Anderson - Bricker, Ms. Con- nors, and Mr. Pregler spoke in support of their respective appointments. Long Range Planning Advisory Commis- sion: Two 3 -year terms through July 1, 2015 (Expired terms of Darter and Pregler). Appli- cants. Chad Darter, 2544 Matthew John Drive; John Pregler, 1525 Pego Court. Mr. Pregler spoke in support of his appointment. Park and Recreation Commission: One 3- year term through June 30, 2015 (Expired term of Blocker). Applicant: Robert Blocker, 880 Kane Street. Mr. Blocker spoke in support of his appointment. Transit Advisory Board: One 3 -year term through July 30, 2015 (Expired term of Esser). Applicant: Matthew Esser, 90 Main Street. Appointment to the following commission: Human Rights Commission: One 3 -year term through January 1, 2013 (Vacant term of Ronek). Applicant: Andrea Helgager, 40 Main Street. Motion by Braig to appoint Andrea Hel- gager to the Human Rights Commission to complete a vacant 3 -year term through Janu- ary 1, 2013. Seconded by Connors. Motion carried 7 -0. PUBLIC HEARING Upon motion the rules were suspended al- lowing anyone present to address the City Council. Loras College Parkway - Grading /Paving, Public Hearing & Award: Proof of publication on notice of public hearing to consider the ap- 164 Regular Session, June 4, 2012 Book 142 proval of the plans, specifications, form of con- tract and estimated cost for the Loras Parkway Project, authorize the City Manager to execute the Subgrantee Agreement, and award the project to Horsfield Construction, Inc. in the amount of $483,757.45 subject to the approval of the Iowa Department of Transportation. Up- on motion the documents were received and filed and Resolution No. 145 Approval of plans, specifications, form of contract, and estimated cost for the Loras Parkway Project (Iowa DOT Project No. TCSP-PA27(003)--9S- 31); Resolution No. 146 -12 Approving a Sub - grantee Agreement between the City of Dubu- que and Loras College for the Loras College Parkway PCC Pavement - Grade and Replace Project (Iowa DOT Project No. TCSP- PA27(003)--9S-31); and Resolution No. 147- 12 Awarding Public Improvement Contract for the Loras Parkway PCC Pavement - Grade and Replace Project (Iowa DOT Project No. TCSP- PA72(003)-- 9S -31) were adopted. RESOLUTION NO. 145 -12 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE LORAS PARKWAY PRO- JECT (IOWA DOT PROJECT NO. TCSP- PA27(003)- 9S -31) NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Loras Parkway Project, in the estimated amount $651,484.86, are hereby approved. Passed, adopted and approved this 4th day of June, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 146 -12 APPROVING A SUBGRANTEE AGREE- MENT BETWEEN THE CITY OF DUBUQUE AND LORAS COLLEGE FOR THE LORAS PARKWAY PCC PAVEMENT — GRADE AND REPLACE PROJECT, IOWA DOT PROJECT NO. TCSP -PA27 (003) -9S -31 Whereas, Loras College (Loras) is en- gaged in a project involving the design and reconstruction of a portion of Cox Street, or what is now referred to as Loras Parkway, funded in part by a federal grant of $489,150.00 from the Federal Highway Admin- istration (FHWA) Transportation and Commu- nity and System Preservation Grant Program (Iowa DOT Project No. TCSP -PA27 (003) -9S- 31) (the Project); and Whereas, East Central Intergovernmental Association (ECIA) has agreed to partner with Loras as the sponsor for the Project and will assume the role as the Local Public Agency (LPA) for the administration of the federal grant; and Whereas, ECIA has signed Iowa DOT Agreement No. 12 -TCSP -114 with the Iowa Department of Transportation (Iowa DOT) as the sponsor of the Project on behalf of Loras; and Whereas, City will initially be the Contract- ing Authority for the grant but will not contrib- ute funding for the Project; and Whereas, both the City and ECIA proposes to have Loras comply with the terms and con- ditions set forth in the Iowa DOT Agreement, as the subgrantee for and on behalf of the City and ECIA; and Whereas, the City and Loras desire to en- ter into this Subgrantee Agreement to set forth their respective responsibilities under the Iowa DOT Agreement. NOW, THEREFORE, the parties hereto do mutually agree as follows: Section 1. City shall initially assume the re- sponsibility of the Contracting Authority for the Project and award the improvement contract for the construction of the Project. Section 2. Following the contract approval, the City shall issue a change order to the con- struction contract which would transfer the contracting authority jurisdiction to ECIA. Section 3. Loras agrees to comply with all of the terms and conditions of the Iowa DOT Agreement for the Project that are applicable to the Recipient (as defined in the Iowa DOT Agreement), for and on behalf of City. Section 4. Loras shall be responsible under the Iowa DOT Agreement to pay the Project costs according to the procedure set forth therein as follows: Loras agrees to pay the required twenty percent (20 %) local contribution to the total Project costs, estimated to be $122,287.50, for the Project in accordance with the Iowa DOT Agreement. Loras agrees to pay eighty percent (80 %) of the total eligible Project costs, not to exceed $489,150.00, for the Project in accordance with the IOWA DOT Agreement, and then to request reimbursement for eligible grant ex- penditures from the Iowa DOT. Loras hereby agrees to pay one hundred percent (100 %) of ineligible Project costs and all Project costs that exceed the estimated total Project costs of $652,000.00 or which are not reimbursed with or otherwise paid for by the funds specified in the Iowa DOT Agree- ment. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said Subgrantee Agree- ment between the City of Dubuque and Loras Book 142 Regular Session, June 4, 2012 165 College be hereby approved for the Loras Parkway Project, Iowa DOT Project No. TCSP- PA27 (003)- 9S -31. Section 2. That the City Manager be au- thorized and directed to execute two copies of the Subgrantee Agreement for the Loras Parkway Project, Iowa DOT Project No. TCSP- PA27 (003)- 9S -31. Passed, approved and adopted this 4th day of June, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated lim- iting discussion to the City Council. ACTION ITEMS Cookin' Something Up - Alcohol Compli- ance Violation Hearing: Assistant City Attorney Crenna Brumwell conducted a civil penalty hearing on the second alcohol compliance violation as requested by Cookin' Something Up, 1640, John F. Kennedy Road. Mayor Buol swore in the witnesses. Motion by Connors to receive the Exhibits as submitted. Seconded by Braig. Motion carried 7 -0 Assistant City Attorney Crenna Brumwell and Attorney for the business Tom Goodman provided opening statements. Testimony was heard from Amy Hedley, Mary Kay Hurm, Kerianne Kane, Stephanie Gorius, Doris Gori- us, Corporal Steve Eastvedt, and Officer Shane O'Brien. Motion by Connors to receive and file the documents, and approve the order provided by Assistant City Attorney Brumwell which imposes a $1,500 civil penalty and the thirty -day suspension of the liquor license as shall be agreed upon by the Chief of Police. Seconded by Resnick. Motion carried 7 -0. Convention and Visitors Bureau Quarterly Report: Director Keith Rahe provided an up- date on the activities of the Dubuque Conven- tion and Visitors Bureau that included infor- mation about changes in staff, What Women Want event, America's River Festival, Three - on -Three Basketball Tournament and the Na- tional Grocers' Association Conference. Re- sponding to questions from the Council, Mr. Rahe provided information about the use of hotel /motel taxes, financial statements provid- ed to the Chamber of Commerce Board of Directors and the City of Dubuque's budget process, marketing partnerships and the America's River Board and Festival funding. Motion by Connors to receive and file the in- formation. Seconded by Resnick. Motion car- ried 7 -0. Demolition Permit Appeal - 1760 Jackson Street: City Manager recommending approval to issue a demolition permit at 1760 Jackson Street in response to an appeal to City Council by Ted Stackis regarding the Historic Preser- vation Commission's denial of the permit. Mo- tion by Braig to receive and file and approve the issuance of the demolition permit per the City Manager's recommendation. Seconded by Resnick. Motion carried 7 -0. Sale of Bonds - Taxable General Obliga- tion Bonds Series 2012C and General Obliga- tion Bonds Series 2012D: City Manager advis- ing that the results of the sale of 6,965,000 Taxable General Obligation Bonds Series 2012C and $7,595,000 General Obligation Bonds Series 2012D will be brought to the June 4, 2012 City Council meeting for approv- al. Motion by Connors to receive and file the documents and adopt Resolution No. 148 -12 Directing the sale of Taxable General Obliga- tion Bonds Series 2012C, and Resolution No. 149 -12 Directing the sale of General Obliga- tion Bonds Series 20120. Seconded by Jones. Judy Vanda of PFM Group reviewed the re- sults of the bond sale and responded to ques- tions from the City Council. Motion carried 7 -0. RESOLUTION NO. 148 -12 DIRECTING SALE OF TAXABLE GENERAL OBLIGATION BONDS, SERIES 2012C Whereas, pursuant to notice as required by law, bids have been received at public sale for the Bonds described as follows and the best bid received is determined to be the following: TAXABLE GENERAL OBLIGATION BONDS, SERIES 2012C: Bidder: Robert W. Baird & Co, Inc. of Mil- waukee, Wisconsin the terms of said bid be- ing: Purchase Price: $6,966,389.25 Principal Amount: $6,965,000 True Interest Cost: $2,660,654.50 True Interest Rate: 3.1971% NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the bid for the Taxable Se- ries 2012C Bonds as above set out is hereby determined to be the best and most favorable bid received and, said Taxable Series 2012C Bonds are hereby awarded based on said bid. Section 2. That the form of contract for the sale of said Taxable Series 2012C Bonds is hereby approved and the Mayor and City Clerk are authorized to execute and attest the same on behalf of the City. Section 3. That the notice of the sale of the Taxable Series 2012C Bonds heretofore given and all acts of the City Clerk and Finance Of- ficer done in furtherance of the sale of said Taxable Series 2012C Bonds are hereby rati- fied and approved. Passed and approved, this 4th day of June, 2012. 166 Regular Session, June 4, 2012 Book 142 Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 149 -12 DIRECTING SALE OF GENERAL OBLIGA- TION BONDS, SERIES 2012D Whereas, pursuant to notice as required by law, bids have been received at public sale for the Bonds described as follows and the best bid received is determined to be the following: GENERAL OBLIGATION BONDS, SERIES 2012D: Bidder: Robert W. Baird & Co., Inc., et al of Milwaukee, Wisconsin, the terms of said bid being: Purchase Price: $7,760,216.25 Principal Amount: $7,595,000 True Interest Cost: $2,103,047.66 True Interest Rate: 2.7707 %% NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the bid for the Series 2012D Bonds as above set out is hereby de- termined to be the best and most favorable bid received and, said Series 2012D Bonds are hereby awarded based on said bid. Section 2. That the form of contract for the sale of said Series 2012D Bonds is hereby approved and the Mayor and City Clerk are authorized to execute and attest the same on behalf of the City. Section 3. That the notice of the sale of the Series 2012D Bonds heretofore given and all acts of the City Clerk and Finance Officer done in furtherance of the sale of said Series 2012D Bonds are hereby ratified and approved. Passed and approved, this 4t day of June, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Appeal of Sidewalk Installation - 449 Low- ell Street: Correspondence from Rod and Sharron Chapman appealing the City's re- quirement for a sidewalk at 449 Lowell Street. Motion by Connors to receive and file the doc- uments and grant an exception to the sidewalk requirement until such time as sidewalks are installed along adjacent properties. Seconded by Resnick. Motion carried 7 -0. Heartland Financial USA, Inc.: City Man- ager recommending approval of a resolution authorizing the submission of a Financial As- sistance application to the Iowa Economic Development Authority on behalf of Heartland Financial USA, Inc. Motion by Connors to re- ceive and file the documents and adopt Reso- lution No. 150 -12 Authorizing the filing of a State of Iowa Financial Assistance application on behalf of Heartland Financial USA, Inc. Seconded by Lynch. Motion carried 7 -0. RESOLUTION NO. 150 -12 AUTHORIZING THE FILING OF A STATE OF IOWA FINANCIAL ASSISTANCE APPLICA- TION ON BEHALF OF HEARTLAND FINAN- CIAL USA, INC. Whereas, Heartland Financial USA, Inc. has proposed expanding their business to the Roshek Building in Dubuque, Iowa; and Whereas, the City Council of Dubuque, Io- wa has considered said proposal and has de- termined that the proposed project will contrib- ute to the local economy through the creation of 50 new jobs for area residents; and Whereas, the Iowa Economic Development Authority has created a financial assistance package for Heartland Financial USA, Inc. to expand their business in Dubuque; and Whereas, the City of Dubuque, Iowa is eli- gible to apply for this funding on behalf of the Company. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the filing of an application for State of Iowa financial assistance on behalf of Heartland Financial USA, Inc. is hereby approved. Section 2. That the local match identified in the application is provided by Dubuque Initia- tives, subject to application approval by the Iowa Economic Development Authority. Section 3. That the Mayor is hereby au- thorized to execute and the City Manager is hereby directed to submit said application to the Iowa Economic Development Authority together with such documents as may be re- quired. Passed, approved, and adopted this 4th day of June, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Catfish Creek Watershed Management Au- thority - Representatives Selection Process: City Manager transmitting recommendations for the selection process for City of Dubuque representatives, in accordance with the ap- proved 28E agreement for the Catfish Creek Watershed Management Authority for City Council review and approval. Motion by Con- nors to receive and file the documents and approve the selection of one staff member as recommended by the City Manager and two qualified citizens with an application process similar to that of the current boards and com- mission program. Seconded by Resnick. Mo- tion carried 7 -0. Upper Central Avenue Commercial Historic District: Historic Preservation Commission Book 142 Regular Session, June 4, 2012 167 recommending approval of the Upper Central Avenue Commercial Historic District review criteria and nomination to the State Nomina- tions Review Committee. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Resnick. Motion carried 7 -0. Wilmac Property Group - Multi - Family Rental Unit Production Round 4 Application: City Manager recommending approval of an application for a Community Development Block Grant (CDBG) Multi - Family Rental Unit Production - Round 4 funding to create multi- family rental units in the Betty Building located at 901 Jackson Street in the Historic Millwork District. Motion by Jones to receive and file the documents and adopt Resolution No. 151 -12 Resolution of Support to the Iowa Economic Development Authority, on behalf of Tim McNamaraNVilmac Property Group for submit- tal of an application for a CDBG Disaster Multi - Family Unit Production Round 4 Application. Seconded by Braig. Responding to questions from City Council, Economic Development Director Dave Heiar stated that this is a com- petitive application with CDBG requirements but still consistent with workforce income level. Motion carried 7 -0. RESOLUTION NO. 151 -12 SUPPORT TO THE IOWA ECONOMIC DE- VELOPMENT AUTHORITY, ON BEHALF OF TIM MCNAMARA / WILMAC PROPERTY GROUP FOR SUBMITTAL OF AN APPLICA- TION FOR A CDBG DISASTER MULTI- FAMILY UNIT PRODUCTION ROUND 4 AP- PLICATION Whereas, Dubuque County was impacted by the floods of 2008 and the area has a criti- cal need for additional workforce housing; and Whereas, in 2009 the Real Property Re- search Group along with other studies con- cluded that there is a need for additional down- town housing; and Whereas, the City Council has prioritized the redevelopment of the Historic Millwork District for mixed use with an emphasis on downtown housing; and Whereas, the Betty Building project located at 901 Jackson Street will provide much need- ed residential development to the downtown area; and Whereas, the City Council finds that the proposed application is acceptable and neces- sary 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. The City of Dubuque agrees to support the CDBG Disaster Multi - Family Unit Production Round 4 Application on behalf of Tim McNamara / Wilmac Property Group for the property at 901 Jackson Street. Section 2. That the Mayor is hereby au- thorized and directed to execute this Resolu- tion on behalf of the City of Dubuque and for- ward the executed copy to the Iowa Economic Development Authority. Passed, approved and adopted this 4th day of June, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Iowa Finance Authority - Novelty Iron Works: City Manager recommending approval to pursue a $4.5 million low- interest loan from the Iowa Finance Authority to assist the Novel- ty Iron Works project, 333 E. 10th Street, in the Historic Millwork District. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Resnick. Responding to questions from City Council, Economic Development Director Dave Heiar stated that this application process has fewer restrictions than the previous CDBG item and is also consistent with workforce level income. Motion carried 7 -0. Request for Qualifications - Site Selection Study and Environmental Analysis for a Bus Storage and Maintenance Facility: City Man- ager recommending Council approval to dis- tribute a Request for Qualifications for services required to do a site selection study and envi- ronmental analysis for a bus storage and maintenance facility. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Jones. Motion carried 7 -0. Stormwater Management Utility Fee for Fiscal Year 2013: City Manager recommend- ing an amendment to the City of Dubuque Code of Ordinances amending the Stormwater Management Utility Fee which will maintain the rate of $5.60 per month at least through June 30, 2013. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Motion car- ried 7 -0. Motion by Jones for final consideration and passage of Ordinance No. 35 -12 Amending City of Dubuque Code of Ordinances Section 13 -4 -5 (D) SFU Rate, Charges, Utility Reve- nues. Seconded by Braig. Motion carried 7 -0. 168 Regular Session, June 4, 2012 Book 142 OFFICIAL PUBLICATION ORDINANCE NO. 35 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 13-4-5 (D) SFU RATE, CHARGES; UTILITY REVENUES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That City of Dubuque Code of Ordinances Section 13 -4 -5 (D) is amended to read as follows: (d) The SFU rate to be applied to res- idential and nonresidential properties shall be as follows: (1) For the period July 1, 2012 through June 30, 2013 the SFU rate shall be $5.60 per SFU; Passed, approved and adopted this 4th day of June, 2012. /s /Roy D. Buol, Mayor Attest: /s/ Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 8th day of June, 2012. /s /Kevin S. Firnstahl, City Clerk City Wide Water Meter Replacement and Unmeasured Flow Reducer (UFR) Installation Program - Project Acceptance: City Manager recommending acceptance of the City Wide Water Meter Replacement and Unmeasured Flow Reducer (UFR) Installation Project, as completed by Northern Water Works Supply, in the final contract amount of $7,324,285. Motion by Connors to receive and file the doc- uments and adopt Resolution No. 152 -12 Ac- cepting the City of Dubuque, Iowa, Water Me- ter Replacement Project. Seconded by Res- nick. Motion carried 7 -0. RESOLUTION NO. 152 -12 ACCEPTING THE CITY OF DUBUQUE, 10- WA WATER METER REPLACEMENT PRO- JECT Whereas, the Public Improvement Contract for the City Water Meter Replacement Project (the Project) has been completed and HDR Engineering of Omaha, NE, the City's Consult- ing Engineering Firm, 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 has rec- ommended that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City's Engineering Consultants is approved and the Project is hereby accepted. Passed, approved and adopted this 4th day of June, 2012. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk IowaWORKS - Region 1 Workforce In- vestment Board (RWIB): Communication from Dave Leary, Region 1 Director for Iowa - WORKS, Northeast Iowa, requesting nomina- tions to fill a vacancy that exists on the Region 1 Workforce Investment Board (RWIB) histori- cally held by a member of the Dubuque City Council. Motion by Connors to receive the documents and recommend Council Members Jones and Resnick file resumes for considera- tion to the Region 1 Workforce Investment Board. Seconded by Resnick. Motion carried 7 -0. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 10:26 p.m. to discuss pending litigation and property acquisition pursuant to Chapter 21.5(1)(c)(j) Code of Iowa. Seconded by Braig. Motion carried 7 -0. Upon motion the City Council reconvened in open session stating that staff had been given proper direction. There being no further business, upon mo- tion the City Council adjourned at 10:44 p.m. /s/Kevin S. Firnstahl City Clerk Book 142 Regular Session, June 18, 2012 169 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on June 18, 2012 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut- ton; City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the Council. PLEDGE OF ALLEGIANCE MOMENT OF SILENCE CONSENT ITEMS Motion by Connors to receive and file the documents, adopt the resolutions, and dispose of as indicated with exception to Consent Items #'s 25 -40 (Purchase of Service Agree- ments). Seconded by Resnick. Lynch request- ed ( #'s 25 -40) Purchase of Service Agree- ments be held for separate discussion. Motion carried 7 -0. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 4/24, Cable TV Commission of 5/2, City Council Proceedings of 6/4, Civil Service Commission of 6/5, Library Board of Trustees of 4/26, Li- brary Board of Trustees Update of 5/18, Sister City Relationships Advisory Commission of 5/16, Zoning Advisory Commission of 6/4, Proof of Publication for City Council Proceed- ings of 5/21. Upon motion the documents were received and filed. Notice of Claims and Suits: Easy Street, LLC for property damage, Tschiggfrie Excavat- ing Company for materials and labor, Larry Vize for property damage. Upon motion the documents were received, filed and referred to the City Attorney. Disposition of Claims: City Attorney advis- ing that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Easy Street, LLC for property damage, Larry Vize for property damage. Civil Service Commission: Civil Service Commission submitting the certified lists for the positions of Natural Resources and Sus- tainable Practices Specialist, Public Safety Dispatcher, and Truck Driver. Upon motion the documents were received, filed and made a Matter of Record. June 5, 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 Natural Resources and Sustainable Practic- es Specialist was administered on May 1, 2012. We hereby certify that the individuals listed below have passed this written examina- tion 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. Natural Resources and Sustainable Practices Specialist James Uthe Michael Beach Jesse Kremer David Lindecker Bill Meyer Jeff Leibold Jeff Ahlers Renee Buck Julie Beck Cheryl Carney Brian MacLeod Nathan Furlong Joshua Freiburger Brad Mormann Tracy Meise Jessica Beck Jenny Ammon Justin Licht Respectfully submitted, Daniel White Betty Takes Civil Service Commission March 15, 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 Public Safety Dispatcher was administered on April 24, 2012. We hereby certify that the individuals listed below have passed this writ- ten examination and the vacancy for this posi- tion should be made from this list and that this list is good for two (2) years from above date. Public Safety Dispatcher Jessica Gamble Lisa LuGrain Kristin Frost Respectfully submitted, Daniel White Betty Takes Civil Service Commission 170 Regular Session, June 18, 2012 Book 142 June 5, 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 Truck Driver was administered on May 8, 2012. We hereby certify that the individuals listed below have passed this written examina- tion 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. Truck Driver Klint Banfield Andrew Martin Timothy Neuhaus John Greenwood Rick Roeder Mark Stowers Jesse Begle Larry Hoppman Larry Havner Justin Licht Andrew Breiner Terry Dunkel Brian O'Dell Paul Skinner Peter Otterbeck Dave Hanson Adam Kruser David Healey Shannon Clark Ty Kleiner John Kirk Brian Kelly Michael Conner Matthew Herman Jeff Leibold Respectfully submitted, Daniel White Betty Takes Civil Service Commission Park and Recreation Commission - Priori- ties Recommendations: Park and Recreation Commission submitting recommendations on projects it feels should be priorities for park facilities and areas in preparation for the up- coming City Council goal setting session. Up- on motion the documents were received and filed. Dubuque County / Iowa State University (ISU) Extension - Grant Agreement: City Man- ager recommending approval of a grant agreement with Dubuque County ISU Exten- sion to conduct recreation programs for Fiscal Year 2013 as part of the Neighborhood Recre- ation Program. Upon motion the documents were received, filed, and approved. Four Mounds Foundation - Grant Agree- ment: City Manager recommending approval of a grant agreement with Four Mounds Foun- dation for Fiscal Year 2013 to provide the Day Camp Program as part of the summer Neigh- borhood Recreation Program. Upon motion the documents were received, filed and approved. Northeast Iowa School of Music - Grant Agreement: City Manager recommending ap- proval of a grant agreement with Northeast Iowa School of Music for Fiscal Year 2013 to provide music lessons for a minimum of nine children as part of the Neighborhood Recrea- tion Program. Upon motion the documents were received, filed, and approved. Hacienda Land Corporation - Storm Sewer Easement Acceptance: City Manager recom- mending acceptance of a storm sewer ease- ment from Hacienda Land Corporation for a storm sewer extension across Lot 1 Blosch Property east of Matthew John Drive. Upon motion the documents were received and filed and Resolution No. 153 -12 Accepting the grant of an easement for storm sewer under and across Lot 1 Blosch Property in the City of Dubuque, Dubuque County, Iowa, was adopt- ed. RESOLUTION NO. 153 -12 ACCEPTING THE GRANT OF AN EASE- MENT FOR STORM SEWER UNDER AND ACROSS LOT 1 BLOSCH PROPERTY IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Hacienda Land Corporation has executed a Grant of Easement for Storm Sew- er through, under and across Lot 1 Blosch Property in the City of Dubuque, Dubuque County, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grant of Easement for Storm Sewer through, under and across Lot 1 Blosch Property in the City of Dubuque, Dubu- que County, Iowa, from Hacienda Land Corpo- ration, a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 18th day of June, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Timber -Hyrst Estates #2 - Acceptance of Public Improvements: City Manager recom- mending acceptance of the public improve- ments that the developer, North Cascade Road Developers, LLC, has completed in Tim - ber-Hyrst Estates #2. Upon motion the docu- ments were received and filed and Resolution No. 154 -12 Accepting improvements in Tim - ber-Hyrst Estates #2 in the City of Dubuque, Iowa, was adopted. Book 142 Regular Session, June 18, 2012 171 RESOLUTION NO. 154 -12 ACCEPTING IMPROVEMENTS IN TIMBER - HYRST ESTATES #2 IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to Resolution No. 90- 08, certain public improvements including street paving with curb, sanitary sewer main, watermain, storm sewer and catch basins, and boulevard street lighting were installed by the developer of Timber -Hyrst Estates #2 in the City of Dubuque, Iowa.; and Whereas, the improvements have been completed and the City Manager has exam- ined the work and has filed a certificate stating that the same has been completed in accord- ance with the plans approved by the City Council and in conformance with City specifi- cations, and has recommended that the im- provements be accepted by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said public improvements in Timber -Hyrst Estates #2 in the City of Dubuque, Iowa, be and the same is hereby accepted. Section 2. That maintenance of said im- provements shall be the responsibility of the developer, North Cascade Road Developers, LLC, for a period of two (2) years from this date. Passed, approved and adopted this 18th day of June, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Brunskill Road Bridge - Acceptance of Warranty Deeds: City Manager recommending approval of the acceptance of the warranty deeds for the right -of -way purchases for the Brunskill Road Bridge. Upon motion the docu- ments were received and filed and Resolution No. 155 -12 Accepting a conveyance of proper- ty (Plaza 20) and Resolution No. 156 -12 Ac- cepting a conveyance of property (Neumeister) were adopted. RESOLUTION NO. 155 -12 ACCEPTING A CONVEYANCE OF PROP- ERTY Whereas, the City of Dubuque entered into an Acquisition Agreement with Plaza 20, Inc. pursuant to which Plaza 20, Inc. agreed to convey Lot A of Lot 1 of Gemini Place and Lot A of Lot 1 of Lot 2 of Gemini Place, and Lot A of Plaza 20 No. 3 all in the City of Dubuque, Dubuque County, Iowa, as shown on the Ac- quisition Plat recorded as File No. 2012 -6729 in the Office of the Dubuque County Recorder; and Whereas, Plaza 20, Inc. has executed a conveyance of said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts, and consents to the Warranty Deed from Plaza 20, Inc., copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 18th day of June, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 156 -12 ACCEPTING A CONVEYANCE OF PROP- ERTY Whereas, the City of Dubuque entered into an Acquisition Agreement with Mary Lynn Neumeister pursuant to which Mary Lynn Neumeister agreed to convey Lot A of Lot 2 of Lot 1 of Mineral Lot 224, Lot A of Lot 1 of Lot 2 of Metcalfs Subdivision, and Lot A of Lot 2 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of George Jeck- lin Farm, all in the City of Dubuque, Dubuque County, Iowa, as shown on the Acquisition Plat recorded as File No. 2012 -3866 in the Office of the Dubuque County Recorder; and Whereas, Mary Lynn Neumeister has exe- cuted a conveyance of said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts, and consents to the Warranty Deed from Mary Lynn Neumeister, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 18th day of June, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Environmental Protection Agency (EPA): Upon motion the documents were received and filed. Communication from the U.S. Envi- ronmental Protection Agency (EPA) informing the City that the EPA has received and has approved the City's Collection System Man- agement, Operation and Maintenance (CMOM) Program as required under the terms of the Consent Decree. Holliday Third Addition - Acceptance of Public Improvements: City Manager recom- 172 Regular Session, June 18, 2012 Book 142 mending acceptance of the public improve- ments that the developer, QHQ Properties, has completed in Holliday Third Addition. Upon motion the documents were received and filed and Resolution No. 157 -12 Accepting im- provements in Holliday Third Addition in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 157 -12 ACCEPTING IMPROVEMENTS IN HOL- LIDAY THIRD ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to Resolution No. 248- 04, certain public improvements including street paving with curb, sanitary sewer main, watermain, storm sewer and catch basins, and boulevard street lighting were installed by the developer of Holliday Third Addition in the City of Dubuque, Iowa.; and Whereas, the improvements have been completed and the City Manager has exam- ined the work and has filed a certificate stating that the same has been completed in accord- ance with the plans approved by the City Council and in conformance with City specifi- cations, and has recommended that the im- provements be accepted by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said public improvements in Holliday Third Addition in the City of Dubuque, Iowa, be and the same is hereby accepted. Section 2. That maintenance of said im- provements shall be the responsibility of the contractors and developer for a period of two (2) years from this date. Section 3. That storm sewer detention is provided through a service agreement with the City of Dubuque. The Storm Water Facilities Fee Agreement was filed this 8th day of June, 2004, as Instrument No. 10046 -04 in the rec- ords of the Dubuque County Recorder's Office. Passed, approved and adopted this 18th day of June, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Healthy Homes and Lead Hazard Control Grant Quarterly Report: Correspondence from the U.S. Department of Housing and Urban Development (HUD) Office of Healthy Homes and Lead Hazard Control informing the City that its program has received an overall rating of 100 out of 100 for the periods of January 1 through March 31, 2012 and a "Green" Desig- nation for the projects for the second quarter of Fiscal Year 2012. Upon motion the documents were received and filed. Iowa Economic Development Authority: Correspondence from the Iowa Economic De- velopment Authority (IEDA) informing the City that Funding Agreement #006 -CEBA -037 (Kunkel Bounds) has been paid in full and the forgivable loan forgiven. Upon motion the doc- uments were received and filed. PEG Capital Expenditure Request: City Manager recommending approval of the Cable TV Commission's recommendation for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities in the amount of $44,000 to up- grade the educational access facility, including a new on -air playback server and graphics bulletin board server, in The Forum, 2300 Chaney Road. Upon motion the documents were received, filed, and approved. Terminal Street Pumping Station - Emer- gency Piping Repairs: City Manager recom- mending approval of a resolution authorizing emergency repairs to the storm and sanitary sewer infrastructure at the Terminal Street Pumping Station. Upon motion the documents were received and filed and Resolution No. 158 -12 Authorizing repairs to the storm and sanitary sewer infrastructure (piping and gates) at the Terminal Street Pumping Station was adopted. RESOLUTION NO. 158 -12 AUTHORIZING EMERGENCY REPAIRS TO THE STORM AND SANITARY SEWER IN- FRASTRUCTURE (PIPING AND GATES) AT THE TERMINAL STREET PUMPING STA- TION Whereas, the storm and sanitary sewer in- frastructure (piping and gates) at the Terminal Street pumping station have failed; and Whereas, Iowa Code §384.103 provides that when emergency repair of a public im- provement is necessary and the delay of ad- vertising and a public letting might cause seri- ous loss or injury to the city, the governing body shall, be resolution, make a finding of the necessity to institute emergency proceedings and shall procure a certificate from a compe- tent registered professional engineer or archi- tect, not in the regular employ of the city, certi- fying that emergency repairs are necessary, and that in that event the governing body may contract for emergency repairs without holding a public hearing and advertising for bids; and Whereas, the City Council finds that the emergency repair of the storm and sanitary sewer infrastructure at the Terminal Street pumping station is necessary for public safety and the delay of advertising and a public let- ting might cause serious loss or injury to the city; and Book 142 Regular Session, June 18, 2012 173 Whereas, the City has procured a certifi- cate from a competent professional engineer registered in the State of Iowa, not in the regu- lar employ of the City, certifying that emergen- cy repairs to the storm and sanitary sewer infrastructure are necessary. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council finds that it is necessary to institute emergency proceedings to repair the storm and sanitary sewer infra- structure at the Terminal Street Lift Station. Section 2. The City Manager is hereby au- thorized to proceed with instituting such emer- gency repairs as provided by law. Passed, adopted and approved this 18th day of June, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Request for Proposal - Financial Advisory Services: City Manager requesting authoriza- tion to release a Request for Proposals for financial advisory services for five years be- ginning 2012. Upon motion the documents were received, filed, and approved. Request to Deed Portions of Vacated Bellevue Street and Union Avenue: Corre- spondence from Attorney David Clemens re- questing that the City deed the southern half of vacated Bellevue Street and a part of vacated Union Avenue to their client Vandelay Property Management, LLC to correct an inconsistency in the Plat. Upon motion the documents were received, filed and referred to the City Manag- er. Specific and Aggregate Stop -Loss Renew- al - Health and Prescription Drug Insurance Plans: City Manager recommending approval of the renewal rate of $664,405 submitted by HM Life for Specific and Aggregate Stop -Loss Renewal for the City's Health and Prescription Drug Insurance Plan. Upon motion the docu- ments were received, filed, and approved. Project HOPE Contract Renewal: City Manager approval of a contract for services with the Community Foundation of Greater Dubuque for services relating to Project H.O.P.E. (Helping Our People Excel) for ser- vices through June 30, 2013. Upon motion the documents were received, filed, and approved. U. S. Post Office Lease: City Manager rec- ommending approval of a five -year lease exten- sion with the U. S. Post Office and approval of the modification of the lease to provide for a 90 -day Notice of Termination clause for space in the His- toric Federal Building. Upon motion the docu- ments were received, filed, and approved. Dubuque Community School District: Cor- respondence from the Dubuque Community School District inviting representatives from the City Council and City staff to meet with representatives from the School Board and District administration to discuss the possible creation of a new, stand -alone aquatic center. Upon motion the documents were received, filed and referred to the City Manager. General Obligation Bond Series 2012C and 2012D - Complete Action on Issuance: City Manager recommending approval of the suggested proceedings to complete the action required on the recent General Obligation Bond issuance Series 2012C and 2012D. Up- on motion the documents were received and filed and Resolution No. 159 -12 Appointing Wells Fargo Bank, National Association of Minneapolis, Minnesota, to serve as paying agent, bond registrar, and transfer agent, ap- proving the paying agent and bond registrar and transfer agent agreement and authorizing the execution of the agreement; Resolution No. 160 -12 Authorizing and providing for the issuance of $6,965,000 Taxable General Obli- gation Bonds, Series 2012C, and levying a tax to pay said bonds; Resolution No. 161 -12 Ap- pointing Wells Fargo Bank, National Associa- tion of Minneapolis, Minnesota, to serve as paying agent, bond registrar, and transfer agent, approving the paying agent and bond registrar and transfer agent agreement and authorizing the execution of the agreement; and Resolution No. 162 -12 Authorizing and providing for the issuance of $7,175,000 Gen- eral Obligation Bonds, Series 2012D, and levy- ing a tax to pay said bonds were adopted. RESOLUTION NO. 159 -12 APPOINTING WELLS FARGO BANK, NA- TIONAL ASSOCIATION OF MINNEAPOLIS, MINNESOTA, TO SERVE AS PAYING AGENT, BOND REGISTRAR, AND TRANS- FER AGENT, APPROVING THE PAYING AGENT AND BOND REGISTRAR AND TRANSFER AGENT AGREEMENT AND AU- THORIZING THE EXECUTION OF THE AGREEMENT Whereas, pursuant to the provisions of Chapter 75 of the Code of Iowa, $6,965,000 Taxable General Obligation Bonds, Series 2012C, dated the date of delivery, have been sold at public sale and action should now be taken to provide for the maintenance of rec- ords, registration of certificates and payment of principal and interest in connection with the issuance of the Bonds; and Whereas, this Council has deemed that the services offered by Wells Fargo Bank, National Association of Minneapolis, Minnesota, are necessary for compliance with rules, regula- tions, and requirements governing the registra- 174 Regular Session, June 18, 2012 Book 142 tion, transfer and payment of registered Bonds; and Whereas, a Paying Agent, Bond Registrar and Transfer Agent Agreement (hereafter "Agreement') has been prepared to be entered into between the City and Wells Fargo Bank, National Association. NOW, THEREFORE, BE IT RESOLVED BY THE City of Dubuque, STATE OF IOWA: Section 1. That Wells Fargo Bank, National Association of Minneapolis, Minnesota, is hereby appointed to serve as Paying Agent, Bond Registrar and Transfer Agent in connec- tion with the issuance of $6,965,000 Taxable General Obligation Bonds, Series 2012C, dat- ed the date of delivery. Section 2. That the Agreement with Wells Fargo Bank, National Association of Minneap- olis, Minnesota, is hereby approved and that the Mayor and Clerk are authorized to sign the Agreement on behalf of the City. Passed and approved this 18th day of June, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 160 -12 AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $6,965,000 TAXABLE GEN- ERAL OBLIGATION BONDS, SERIES 2012C, AND LEVYING A TAX TO PAY SAID BONDS Whereas, the Issuer is duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and Whereas, the City of Dubuque, Iowa (the "City ") is in need of funds to pay costs of re- construction, extension and improvement of the Dubuque Regional Airport, essential corpo- rate purposes, and it is deemed necessary and advisable that General Obligation Bonds be issued for said purpose; and Whereas, pursuant to notice published as required by Section 384.25 of said Code, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of said Bonds to the amount of not to exceed $8,650,000, and the Council is therefore now authorized to proceed with the issuance of General Obligation Bonds for such purposes; and Whereas, the City also is in need of funds to pay costs of aiding in the planning, under- taking and carrying out of urban renewal pro- ject activities under Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plans for the Dubuque Industrial Center West Economic Development District ( "DICW') and the Greater Downtown Urban Renewal District, including those costs associ ated with grading, road construction, bridge, utilities extensions and development of a rec- reation area on the South Siegert Farm area of DICW and the funding of development incen- tives in the Washington Neighborhood Subar- ea of the Greater Downtown Urban Renewal District, and it is deemed necessary and ad- visable that the City issue general obligation urban renewal bonds for said purpose to the amount of not to exceed $5,575,000 as author- ized by Sections 403.12 and 384.24(3)(q) of the Code of Iowa; and Whereas, pursuant to notice published as required by Sections 403.12 and 384.24(3)(q) this Council has held a public meeting and hearing upon the proposal to institute proceed- ings for the issuance of the above described Bonds, and no petitions were filed calling for an election thereon and all objections, if any, to such Council action made by any resident or property owner of said City were received and considered by the Council; and it is the deci- sion of the Council that additional action be taken for the issuance of said Bonds, and that such action is considered to be in the best interests of said City and the residents thereof; and Whereas, pursuant to Section 384.28 of the City Code of Iowa, it has previously been determined that the various general obligation bonds authorized as hereinabove described shall be combined for the purpose of issuance in a single issue of Taxable General Obligation Bonds, Series 2012C, in the principal amount of $6,965,000 as hereinafter set forth; and Whereas, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above mentioned Bonds were heretofore sold at pub- lic sale and action should now be taken to is- sue said Bonds conforming to the terms and conditions of the best bid received at the ad- vertised public sale. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Reso- lution unless the text expressly or by neces- sary implication requires otherwise: • "Authorized Denominations" shall mean $5,000 or any integral multiple thereof. • "Beneficial Owner" shall mean the person in whose name such Bond is recorded as the beneficial owner of a Bond by a Participant on the records of such Participant or such person's subrogee. • "Bond Fund" shall mean the fund created in Section 3 of this Resolu- tion. Book 142 Regular Session, June 18, 2012 175 • "Bonds" shall mean $6,965,000 Tax- able General Obligation Bonds, Se- ries 2012C, authorized to be issued by this Resolution. • "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any suc- cessor nominee of DTC with respect to the Bonds. • "Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure Certificate executed by the Issuer and dated the date of issuance and delivery of the Bonds, as original- ly executed and as it may be amend- ed from time to time in accordance with the terms thereof. • "Depository Bonds" shall mean the Bonds as issued in the form of one global certificate for each maturity, registered in the Registration Books maintained by the Registrar in the name of DTC or its nominee. • "DTC" shall mean The Depository Trust Company, New York, New York, a limited purpose trust compa- ny, or any successor book -entry se- curities depository appointed for the Bonds. • "Issuer" and "City" shall mean the City of Dubuque, Iowa. • "Participants" shall mean those bro- ker- dealers, banks and other financial institutions for which DTC holds Bonds as securities depository. • "Paying Agent" shall mean Wells Fargo Bank, National Association, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuer's agent to provide for the payment of principal of and inter- est on the Bonds as the same shall become due. • "Project Fund" shall mean the fund required to be established by this Resolution for the deposit of the pro- ceeds of the Bonds. • "Registrar" shall mean Wells Fargo Bank, National Association of Minne- apolis, Minnesota, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the Bonds. Unless oth- erwise specified, the Registrar shall also act as Transfer Agent for the Bonds. • "Representation Letter" shall mean the Blanket Issuer Letter of Repre- sentations executed and delivered by the Issuer to DTC on file with DTC. • "Resolution" shall mean this resolu- tion authorizing the Bonds. • "Treasurer" shall mean the Finance Director or such other officer as shall succeed to the same duties and re- sponsibilities with respect to the re- cording and payment of the Bonds is- sued hereunder. Section 2. Levy and Certification of Annual Tax; Other Funds to be Used. (a) Levy of Annual Tax. That for the purpose of providing funds to pay the principal and interest of the Bonds hereinafter author- ized to be issued, there is hereby levied for each future year the following direct annual tax on all of the taxable property in Dubuque, Io- wa, to -wit: AMOUNT1 FISCAL YEAR 1 (JULY 1 TO JUNE 30) YEAR OF COLLECTION 3 $186,690 ■ 2012/2013 $471,828 2013/2014 $506,428 r 2014/2015 $505,228 2015/2016 x$503,928 2016/2017 ($502,528 ! 2017/2018 3501,028 2018/2019 $504,428 I 2019/2020 3507,458 2020/2021 $499,408 $490,658 $486,033 '$490,383 $493,728 $496,023 2026/2027 3492,223 I. 2027/2028 3492,668 2028/2029 10492,155 2029/2030 3485,655 r 2030/2031 ;$488,330 1 2021/2022 2022/2023 2023/2024 2024/2025 2025/2026 J J 2030/2031 (NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 2012 will be collected during the fiscal year commencing July 1, 2013.) (b) Resolution to be Filed With County Au- ditor. A certified copy of this Resolution should be filed with the County Auditor of Dubuque County, State of Iowa, and said Auditor is hereby instructed in and for each of the years as provided, to levy and as- sess the tax hereby authorized in Section 2 of this Resolution, in like manner as other taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the City are collected, and when collected be used for the purpose of paying principal and interest on said Bonds 176 Regular Session, June 18, 2012 Book 142 issued in anticipation of said tax, and for no other purpose whatsoever. (c) Additional City Funds Available. Princi- pal and interest coming due at any time when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of the City available for that purpose and reimbursement shall be made from such special fund in the amounts thus ad- vanced. Section 3. Bond Fund. Said tax shall be collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the City, and when col- lected they shall be converted into a special fund within the Debt Service Fund to be known as the "TAXABLE GENERAL OBLIGATION BOND FUND 2012C" (the "Bond Fund "), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Bonds hereinafter authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes received by the City from property that is centrally as- sessed by the State of Iowa. Section 4. Application of Bond Proceeds. Proceeds of the Bonds other than accrued interest except as may be provided below shall be credited to the Project Fund and expended therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Bonds at any time that other funds shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with limitations pro- vided by law or this Resolution. Accrued inter- est, if any, shall be deposited in the Bond Fund. Section 5. Investments of Bond Fund Pro- ceeds. All moneys held in the Bond Fund, pro- vided for by Section 3 of this Resolution shall be invested in investments permitted by Chap- ter 12B, Code of Iowa, 2011, as amended, or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation and the deposits in which are in- sured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be continu- ously secured in compliance with Chapter 12C of the Code of Iowa, 2011, as amended, or otherwise by a valid pledge of direct obliga- tions of the United States Government having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for payment of principal of or interest on the Bonds as herein provided. Section 6. Bond Details, Execution and Redemption. (a)Bond Details. Taxable General Obliga- tion Bonds of the City in the amount of $6,965,000, shall be issued pursuant to the provisions of Sections 403.12, 384.24(3)(q) and 384.26(5) of the City Code of Iowa for the aforesaid purpose. The Bonds shall be designated "TAXABLE general obligation bond, SERIES 2012C ", be dated the date of delivery, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on December 1, 2012, and semiannually thereafter on the 1st day of June and De- cember in each year until maturity at the rates hereinafter provided. The Bonds shall be executed by the man- ual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the Clerk, and impressed or printed with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premi- um, if any, shall be payable at the office of the Paying Agent by mailing of a check to the reg- istered owner of the Bond. The Bonds shall be in the denomination of $5,000 or multiples thereof. The Bonds shall mature and bear in- terest as follows: Principal Amount $270,000 $310 000 $315,000 $320,000 $325,000 $330,000 $340,000 $350,000 [ $350,000 $350,000 $355,000 $370,000 $385,000 $400,000 1r $410,000 I $425,000 $440,000 $450,000 $470,000 Interest Rate 2.000% Maturity June 1st 2014 2.000% _ _ 2015 22.00% r 2016 -- r 2.000% 2.01.7_ j o -- ___ - - -1 I 2.000 /o L 2018 2.000% I 2019 j 2.050% Li 2020 I 2.300% ( 2021 2.500% 1 -- -- -2022 _ _I 2.750% L - - 2023 7-7-5130% [ 2024 1 3.150% 2025 3.300% E 2026 I 4 3.450% 2027 3.550% E 2028 1 1 3.650% C 2029 1 3.750% L 2030 3.900% r 2032 1 (b)Redemption. Bonds maturing after June 1, 2019 may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and Book 142 Regular Session, June 18, 2012 177 within an annual maturity by lot. The terms of redemption shall be par, plus accrued in- terest to date of call. Thirty days' written notice of redemption shall be given to the registered owner of the Bond. Failure to give such notice to any regis- tered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All bonds or portions thereof called for redemption will cease to bear interest after the specified re- demption date, provided funds for their re- demption are on deposit at the place of pay- ment. If selection by lot within a maturity is re- quired, the Registrar shall designate the bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of bonds to be called has been reached. Section 7. Issuance of Bonds in Book - Entry Form; Replacement Bonds. (a) Notwithstanding the other provisions of this Resolution regarding registration, ownership, transfer, payment and ex- change of the Bonds, unless the Issuer de- termines to permit the exchange of Deposi- tory Bonds for Bonds in the Authorized Denominations, the Bonds shall be issued as Depository Bonds in denominations of the entire principal amount of each maturity of Bonds (or, if a portion of said principal amount is prepaid, said principal amount less the prepaid amount), and such Depos- itory Bonds shall be registered in the name of Cede & Co., as nominee of DTC. Pay- ment of semi - annual interest for any De- pository Bond shall be made by wire trans- fer or New York Clearing House or equiva- lent next day funds to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated in or pur- suant to the Representation Letter. (b) With respect to Depository Bonds, nei- ther the Issuer nor the Paying Agent shall have any responsibility or obligation to any Participant or to any Beneficial Owner. Without limiting the immediately preceding sentence, neither the Issuer nor the Paying Agent shall have any responsibility or obli- gation with respect to (i) the accuracy of the records of DTC or its nominee or of any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant, any Beneficial Owner or any other person, other than DTC or its nomi- nee, of any notice with respect to the Bonds, (iii) the payment to any Participant, any Beneficial Owner or any other person, other than DTC or its nominee, of any amount with respect to the principal of, premium, if any, or interest on the Bonds, or (iv) the failure of DTC to provide any in- formation or notification on behalf of any Participant or Beneficial Owner. The Issuer and the Paying Agent may treat DTC or its nominee as, and deem DTC or its nominee to be, the absolute owner of each Bond for the purpose of payment of the princi- pal of, premium, if any, and interest on such Bond, for the purpose of all other matters with respect to such Bond, for the purpose of regis- tering transfers with respect to such Bonds, and for all other purposes whatsoever (except for the giving of certain Bond holder consents, in accordance with the practices and proce- dures of DTC as may be applicable thereto). The Paying Agent shall pay all principal of, premium, if any, and interest on the Bonds only to or upon the order of the Bondholders as shown on the Registration Books, and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obliga- tions with respect to the principal of, premium, if any, and interest on the Bonds to the extent so paid. Notwithstanding the provisions of this Resolution to the contrary (including without limitation those provisions relating to the sur- render of Bonds, registration thereof, and is- suance in Authorized Denominations), as long as the Bonds are Depository Bonds, full effect shall be given to the Representation Letter and the procedures and practices of DTC thereun- der, and the Paying Agent shall comply there- with. (c) Upon (i) a determination by the Issuer that DTC is no longer able to carry out its functions or is otherwise determined unsat- isfactory, or (ii) a determination by DTC that the Bonds are no longer eligible for its depository services or (iii) a determination by the Paying Agent that DTC has re- signed or discontinued its services for the Bonds, if such substitution is authorized by law, the Issuer shall (A) designate a satis- factory substitute depository as set forth below or, if a satisfactory substitute is not found, (B) provide for the exchange of De- pository Bonds for replacement Bonds in Authorized Denominations. (d) To the extent authorized by law, if the Issuer determines to provide for the ex- change of Depository Bonds for Bonds in Authorized Denominations, the Issuer shall so notify the Paying Agent and shall pro- vide the Registrar with a supply of execut- ed unauthenticated Bonds to be so ex- changed. The Registrar shall thereupon notify the owners of the Bonds and provide for such exchange, and to the extent that the Beneficial Owners are designated as the transferee by the owners, the Bonds will be delivered in appropriate form, con- tent and Authorized Denominations to the Beneficial Owners, as their interests ap- pear. 178 Regular Session, June 18, 2012 Book 142 (e) Any substitute depository shall be des- ignated in writing by the Issuer to the Pay- ing Agent. Any such substitute depository shall be a qualified and registered "clearing agency' as provided in Section 17A of the Securities Exchange Act of 1934, as amended. The substitute depository shall provide for (i) immobilization of the Deposi- tory Bonds, (ii) registration and transfer of interests in Depository Bonds by book en- tries made on records of the depository or its nominee and (iii) payment of principal of, premium, if any, and interest on the Bonds in accordance with and as such in- terests may appear with respect to such book entries. Section 8. Registration of Bonds; Appoint- ment of Registrar; Transfer; Ownership; Deliv- ery; and Cancellation. (a) Registration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the regis- tration and transfer of ownership of the Bonds, and in no other way. Wells Fargo Bank, National Association is hereby ap- pointed as Bond Registrar under the terms of this Resolution and under the provisions of a separate agreement with the Issuer filed herewith which is made a part hereof by this reference. Registrar shall maintain the books of the Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as provided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer con- tained in the Bonds and in this Resolution. (b) Transfer. The ownership of any Bond may be transferred only upon the Registra- tion Books kept for the registration and transfer of Bonds and only upon surrender thereof at the office of the Registrar to- gether with an assignment duly executed by the holder or his duly authorized attor- ney in fact in such form as shall be satis- factory to the Registrar, along with the ad- dress and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the ad- dress of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in ques- tion) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the reg- istered owner required above. Upon the transfer of any such Bond, a new fully reg- istered Bond, of any denomination or de- nominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Bond, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. (c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Regis- trar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolu- tion. (d) Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner there- of for all purposes, and payment of or on account of the principal of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, in- cluding the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by the Regis- trar shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer. (f) Non - Presentment of Bonds. In the event any payment check representing payment of principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or pay- ment of such Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Bonds. The Paying Agents obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal be- Book 142 Regular Session, June 18, 2012 179 came due, whether at maturity, or at the date fixed for redemption thereof, or other- wise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. (g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer's expense, one bond for each annu- al maturity. The Registrar shall furnish ad- ditional bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Section 9. Reissuance of Mutilated, De- stroyed, Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and de- liver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitu- tion for the Bond destroyed, stolen or lost, up- on filing with the Registrar evidence satisfacto- ry to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemni- ty and complying with such other reasonable regulations as the Issuer or its agent may pre- scribe and paying such expenses as the Issuer may incur in connection therewith. Section 10. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their designated agent as the same ap- pear on the books of the Registrar on the 15th day preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. Payment of principal shall only be made upon surrender of the Bond to the Paying Agent. Section 11. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this Resolution, the Mayor and Clerk shall ex- ecute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly is- sued under this Resolution and that the holder thereof is entitled to the benefits of this Reso- lution. No Bonds shall be authenticated and de- livered by the Registrar unless and until there shall have been provided the following: 1. A certified copy of the Resolution of Is- suer authorizing the issuance of the Bonds; 2. A written order of Issuer signed by the Treasurer of the Issuer directing the au- thentication and delivery of the Bonds to or upon the order of the Purchaser upon payment of the purchase price as set forth therein; 3. The approving opinion of Ahlers & Cooney, P.C., Bond Counsel, concerning the validity and legality of all the Bonds proposed to be issued. Section 12. Right to Name Substitute Pay- ing Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered bondholder. Section 13. Form of Bond. Bonds shall be printed in substantial compliance with stand- ards proposed by the American Standards Institute substantially in the form as [provided]. Section 14. Contract Between Issuer and Purchaser. This Resolution constitutes a con- tract between said City and the purchaser of the Bonds. Section 15. Severability Clause. If any sec- tion, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become ef- fective immediately upon its passage and ap- proval. Section 16. Continuing Disclosure. The Is- suer hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, and the provisions of the Continuing Disclosure Certificate are hereby incorporated by refer- ence as part of this Resolution and made a part hereof. Notwithstanding any other provi- sion of this Resolution, failure of the Issuer to comply with the Continuing Disclosure Certifi- cate shall not be considered an event of de- fault under this Resolution; however, any hold- er of the Bonds or Beneficial Owner may take such actions as may be necessary and appro- priate, including seeking specific performance by court order, to cause the Issuer to comply with its obligations under the Continuing Dis- closure Certificate. For purposes of this sec- tion, 'Beneficial Owner" means any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dis- pose of ownership of, any Bond (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. 180 Regular Session, June 18, 2012 Book 142 Section 17. Repeal of Conflicting Resolu- tions or Ordinances. That all ordinances and resolutions and parts of ordinances and reso- lutions in conflict herewith are hereby re- pealed. Passed and approved this 18th day of June, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 161 -12 APPOINTING WELLS FARGO BANK, NA- TIONAL ASSOCIATION OF MINNEAPOLIS, MINNESOTA, TO SERVE AS PAYING AGENT, BOND REGISTRAR, AND TRANS- FER AGENT, APPROVING THE PAYING AGENT AND BOND REGISTRAR AND TRANSFER AGENT AGREEMENT AND AU- THORIZING THE EXECUTION OF THE AGREEMENT Whereas, pursuant to the provisions of Chapter 75 of the Code of Iowa, $7,175,000 General Obligation Bonds, Series 2012D, dat- ed the date of delivery, have been sold at ne- gotiated sale and action should now be taken to provide for the maintenance of records, reg- istration of certificates and payment of princi- pal and interest in connection with the issu- ance of the bonds; and Whereas, this Council has deemed that the services offered by Wells Fargo Bank, National Association of Minneapolis, Minnesota, are necessary for compliance with rules, regula- tions, and requirements governing the registra- tion, transfer and payment of registered bonds; and Whereas, a Paying Agent, Bond Registrar and Transfer Agent Agreement (hereafter "Agreement') has been prepared to be entered into between the City and Wells Fargo Bank, National Association. NOW, THEREFORE, BE IT RESOLVED BY THE City of Dubuque, IOWA: Section 1. That Wells Fargo Bank, National Association of Minneapolis, Minnesota, is hereby appointed to serve as Paying Agent, Bond Registrar and Transfer Agent in connec- tion with the issuance of $7,175,000 General Obligation Bonds, Series 2012D, dated the date of delivery. Section 2. That the Agreement with Wells Fargo Bank, National Association of Minneap- olis, Minnesota, is hereby approved and that the Mayor and Clerk are authorized to sign the Agreement on behalf of the City. Passed and approved this 18th day of June, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 162 -12 AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $7,175,000 GENERAL OBLI- GATION BONDS, SERIES 2012D, AND LEVYING A TAX TO PAY SAID BONDS Whereas, the Issuer is duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and Whereas, the City of Dubuque, Iowa (the "City ") is in need of funds to pay costs of E911 Tower relocation; equipping the municipal fire department; rehabilitation and improvement of existing City parks; FEMA land buyouts for the acquisition and demolition of abandoned, di- lapidated or dangerous buildings, structures or properties, and the remediation of property and buildings damaged by a disaster under Iowa Code Section 29C.2 which are located in an area declared a disaster emergency by the President of the United States; acquisition, construction, extension and improvement of works and facilities useful for the collection, treatment and disposal of sewage and indus- trial waste and for the collection and disposal of surface water and streams, acquisition, construction, improvement, repair and equip- ping of the municipal water utility and real and personal property useful for providing potable water, essential corporate purpose projects, and it is deemed necessary and advisable that the City issue general obligation bonds for said purpose in the amount of not to exceed $8,650,000 as authorized by Section 384.25 of the Code of Iowa; and Whereas, pursuant to notice published as required by Section 384.25 this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issu- ance of the above described Bonds, and all objections, if any, to such Council action made by any resident or property owner of said City were received and considered by the Council; and it is the decision of the Council that addi- tional action be taken for the issuance of said Bonds, and that such action is considered to be in the best interests of said City and the residents thereof; and Whereas, the City also is in need of funds to pay costs of aiding in the planning, under- taking and carrying out of urban renewal pro- ject activities under Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plans for the Dubuque Industrial Center West Economic Development District (DICW) and the Greater Downtown Urban Renewal District, including those costs associ- ated with grading, road construction, bridge, utilities extensions and development of a rec- reation area on the South Siegert Farm area of DICW, and it is deemed necessary and advis- able that the City issue general obligation ur- ban renewal bonds for said purpose to the Book 142 Regular Session, June 18, 2012 181 amount of not to exceed $5,575,000 as author- ized by Sections 403.12 and 384.24(3)(q) of the Code of Iowa; and Whereas, pursuant to notice published as required by Sections 403.12 and 384.24(3)(q) this Council has held a public meeting and hearing upon the proposal to institute proceed- ings for the issuance of the above described Bonds, and no petitions were filed calling for an election thereon and all objections, if any, to such Council action made by any resident or property owner of said City were received and considered by the Council; and it is the deci- sion of the Council that additional action be taken for the issuance of said Bonds, and that such action is considered to be in the best interests of said City and the residents thereof; and Whereas, the City also is in need of funds to pay costs of the reconstruction, repair and improvement of Fire Station #4, the Civic Cen- ter and the Grand River Conference Center, general corporate purpose project, and it is deemed necessary and advisable that the City issue general obligation bonds for said pur- poses to the amount of not to exceed $700,000 as authorized by Section 384.26 of the Code of Iowa; and Whereas, pursuant to notice published as required by Section 384.26 this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issu- ance of the above described Bonds, and no petitions were filed calling for an election thereon and all objections, if any, to such Council action made by any resident or proper- ty owner of said City were received and con- sidered by the Council; and it is the decision of the Council that additional action be taken for the issuance of said Bonds, and that such ac- tion is considered to be in the best interests of said City and the residents thereof; and Whereas, the City also is in need of funds to pay costs of the acquisition and installation of security cameras in the Locust Ramp, and Library repairs and improvements, general corporate purpose project, and it is deemed necessary and advisable that the City issue general obligation bonds for said purposes to the amount of not to exceed $475,000 as au- thorized by Section 384.26 of the Code of Io- wa; and Whereas, pursuant to notice published as required by Section 384.26 this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issu- ance of the above described Bonds, and no petitions were filed calling for an election thereon and all objections, if any, to such Council action made by any resident or proper- ty owner of said City were received and con- sidered by the Council; and it is the decision of the Council that additional action be taken for the issuance of said Bonds, and that such ac- tion is considered to be in the best interests of said City and the residents thereof; and Whereas, the City also is in need of funds to pay costs of City Hall repairs and improve- ments, including brick tuck - pointing, general corporate purpose project, and it is deemed necessary and advisable that the City issue general obligation bonds for said purposes to the amount of not to exceed $600,000 as au- thorized by Section 384.26 of the Code of Io- wa; and Whereas, pursuant to notice published as required by Section 384.26 this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issu- ance of the above described Bonds, and no petitions were filed calling for an election thereon and all objections, if any, to such Council action made by any resident or proper- ty owner of said City were received and con- sidered by the Council; and it is the decision of the Council that additional action be taken for the issuance of said Bonds, and that such ac- tion is considered to be in the best interests of said City and the residents thereof; and Whereas, pursuant to Section 384.28 of the City Code of Iowa, it has previously been determined that the various general obligation bonds authorized as hereinabove described shall be combined for the purpose of issuance in a single issue of General Obligation Bonds, Series 20120, in the principal amount of $7,175,000 as hereinafter set forth; and Whereas, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above mentioned Bonds were heretofore sold at pub- lic sale and action should now be taken to is- sue said Bonds conforming to the terms and conditions of the best bid received at the ad- vertised public sale. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Reso- lution unless the text expressly or by neces- sary implication requires otherwise: • "Authorized Denominations" shall mean $5,000 or any integral multiple thereof. • "Beneficial Owner" shall mean the person in whose name such Bond is recorded as the beneficial owner of a Bond by a Participant on the records of such Participant or such person's subrogee. • "Bond Fund" shall mean the fund created in Section 3 of this Resolu- tion. • "Bonds" shall mean $7,175,000 Gen- eral Obligation Bonds, Series 2012D, 182 Regular Session, June 18, 2012 Book 142 authorized to be issued by this Reso- lution. • "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any suc- cessor nominee of DTC with respect to the Bonds. • "Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure Certificate executed by the Issuer and dated the date of issuance and delivery of the Bonds, as original- ly executed and as it may be amend- ed from time to time in accordance with the terms thereof. • "Depository Bonds" shall mean the Bonds as issued in the form of one global certificate for each maturity, registered in the Registration Books maintained by the Registrar in the name of DTC or its nominee. • "DTC" shall mean The Depository Trust Company, New York, New York, a limited purpose trust compa- ny, or any successor book -entry se- curities depository appointed for the Bonds. • "Issuer" and "City" shall mean the City of Dubuque, Iowa. • "Participants" shall mean those bro- ker- dealers, banks and other financial institutions for which DTC holds Bonds as securities depository. • "Paying Agent" shall mean Wells Fargo Bank, National Association, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuer's agent to provide for the payment of principal of and inter- est on the Bonds as the same shall become due. • "Project Fund" shall mean the fund required to be established by this Resolution for the deposit of the pro- ceeds of the Bonds. • "Rebate Fund" shall mean the fund so defined in and established pursu- ant to the Tax Exemption Certificate. • "Registrar" shall mean Wells Fargo Bank, National Association of Minne- apolis, Minnesota, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the Bonds. Unless oth- erwise specified, the Registrar shall also act as Transfer Agent for the Bonds. • "Representation Letter" shall mean the Blanket Issuer Letter of Repre- sentations executed and delivered by the Issuer to DTC on file with DTC. • "Resolution" shall mean this resolu- tion authorizing the Bonds. • "Tax Exemption Certificate" shall mean the Tax Exemption Certificate executed by the Treasurer and deliv- ered at the time of issuance and de- livery of the Bonds. • "Treasurer" shall mean the Finance Director or such other officer as shall succeed to the same duties and re- sponsibilities with respect to the re- cording and payment of the Bonds is- sued hereunder. Section 2. Levy and Certification of Annual Tax; Other Funds to be Used. (a) Levy of Annual Tax. That for the pur- pose of providing funds to pay the principal and interest of the Bonds hereinafter author- ized to be issued, there is hereby levied for each future year the following direct annual tax on all of the taxable property in Dubuque, Io- wa, to -wit: AMOUNT* $193, 342 $679,019 $674,619 $675,119 $685,569 r FISCAL YEAR I (JULY 1 TO JUNE 30) I YEAR OF COLLECTION 2012/2013 2013/2014 { 2015/2016 i 2016/2017 2017/2018 $685,269 $484,519 $479,319 $478,969 $483,319 $457,219 $466,569 $455,319 $464,069 $452,219 $310,369 $307,088 's- i r $308,650 $309,550 2014/2015 2018/2019 2019/2020 2020/2021 2021/2022 2022/2023 2023/2024 2024/2025 2025/2026 2026/2027 2027/2028 2028/2029 2029/2030 2030/2031 $310,125 2031/2032 (NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 2012 will be collected during the fiscal year commencing July 1, 2013.) (b) Resolution to be Filed with County Au- ditor. A certified copy of this Resolution should be filed with the County Auditor of Dubuque County, State of Iowa, and said Auditor is hereby instructed in and for each of the years as provided, to levy and as- sess the tax hereby authorized in Section 2 of this Resolution, in like manner as other Book 142 Regular Session, June 18, 2012 183 taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the City are collected, and when collected be used for the purpose of paying principal and interest on said Bonds issued in anticipation of said tax, and for no other purpose whatsoever. (c) Additional City Funds Available. Princi- pal and interest coming due at any time when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of the City available for that purpose and reimbursement shall be made from such special fund in the amounts thus ad- vanced. Section 3. Bond Fund. Said tax shall be collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the City, and when col- lected they shall be converted into a special fund within the Debt Service Fund to be known as the "GENERAL OBLIGATION BOND FUND 2012D" (the "Bond Fund "), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Bonds hereinafter authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes received by the City from property that is centrally assessed by the State of Iowa. Section 4. Application of Bond Proceeds. Proceeds of the Bonds other than accrued interest except as may be provided below shall be credited to the Project Fund and expended therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Bonds at any time that other funds shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with limitations pro- vided by law or this Resolution. Accrued inter- est, if any, shall be deposited in the Bond Fund. Section 5. Investments of Bond Fund Pro- ceeds. All moneys held in the Bond Fund, pro- vided for by Section 3 of this Resolution shall be invested in investments permitted by Chap- ter 12B, Code of Iowa, 2011, as amended, or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation and the deposits in which are in- sured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be continu- ously secured in compliance with Chapter 12C of the Code of Iowa, 2011, as amended, or otherwise by a valid pledge of direct obliga- tions of the United States Government having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for payment of principal of or interest on the Bonds as herein provided. Section 6. Bond Details, Execution and Redemption. (a) Bond Details. General Obligation Bonds of the City in the amount of $7,175,000, shall be issued pursuant to the provisions of Sections 384.28 and 403.12 of the City Code of Iowa for the aforesaid purpose. The Bonds shall be designated "general obligation bond, SERIES 2012D ", be dated the date of delivery, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on December 1, 2012, and semi- annually thereafter on the 1st day of June and December in each year until maturity at the rates hereinafter provided. The Bonds shall be executed by the man- ual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the Clerk, and impressed or printed with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premi- um, if any, shall be payable at the office of the Paying Agent by mailing of a check to the reg- istered owner of the Bond. The Bonds shall be in the denomination of $5,000 or multiples thereof. The Bonds shall mature and bear in- terest as follows: Principal Amount $470,000 _$475,000_ , 2.000% 2015 $485,000 _' 3.000% 2016 __$510,000_I 3.000% 2017 $525,000Y ! 3.000% 2018 $340,000-1- 3.000% 2019 -- - - -- - - -- $345,000 1 3.000% 2020 $355,000 3.000% ' 2021 $370,000 3.000% 1 2022 $355,000 I 3.000% 1 2023 $375,000 _ I 3.000% I 2024 $375,000 -( 3.000% 1 2025 $395,000 1 3.000% : 2026 $395,000 ' 3.000% 2027 $265,000 I 3.125% 1 2028 $270,000 ' 3.125% 2029 �$280,000� : 3.250% t 2030 $290,000 v 3.250% t 2031 r $300,000 t 3.375% I 2032 Interest Rate 2.000% Maturity June 1st 2014 (b) Redemption. Bonds maturing after June 1, 2019 may be called for redemption by 184 Regular Session, June 18, 2012 Book 142 the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued in- terest to date of call. Thirty days' written notice of redemption shall be given to the registered owner of the Bond. Failure to give such notice to any regis- tered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All bonds or portions thereof called for redemption will cease to bear interest after the specified re- demption date, provided funds for their re- demption are on deposit at the place of pay- ment. If selection by lot within a maturity is re- quired, the Registrar shall designate the bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of bonds to be called has been reached. Section 7. Issuance of Bonds in Book - Entry Form; Replacement Bonds. (a) Notwithstanding the other provisions of this Resolution regarding registration, ownership, transfer, payment and ex- change of the Bonds, unless the Issuer de- termines to permit the exchange of Deposi- tory Bonds for Bonds in the Authorized Denominations, the Bonds shall be issued as Depository Bonds in denominations of the entire principal amount of each maturity of Bonds (or, if a portion of said principal amount is prepaid, said principal amount less the prepaid amount), and such Depos- itory Bonds shall be registered in the name of Cede & Co., as nominee of DTC. Pay- ment of semi - annual interest for any De- pository Bond shall be made by wire trans- fer or New York Clearing House or equiva- lent next day funds to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated in or pur- suant to the Representation Letter. (b) With respect to Depository Bonds, nei- ther the Issuer nor the Paying Agent shall have any responsibility or obligation to any Participant or to any Beneficial Owner. Without limiting the immediately preceding sentence, neither the Issuer nor the Paying Agent shall have any responsibility or obli- gation with respect to (i) the accuracy of the records of DTC or its nominee or of any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant, any Beneficial Owner or any other person, other than DTC or its nomi- nee, of any notice with respect to the Bonds, (iii) the payment to any Participant, any Beneficial Owner or any other person, other than DTC or its nominee, of any amount with respect to the principal of, premium, if any, or interest on the Bonds, or (iv) the failure of DTC to provide any in- formation or notification on behalf of any Participant or Beneficial Owner. The Issuer and the Paying Agent may treat DTC or its nominee as, and deem DTC or its nominee to be, the absolute owner of each Bond for the purpose of payment of the princi- pal of, premium, if any, and interest on such Bond, for the purpose of all other matters with respect to such Bond, for the purpose of regis- tering transfers with respect to such Bonds, and for all other purposes whatsoever (except for the giving of certain Bond holder consents, in accordance with the practices and proce- dures of DTC as may be applicable thereto). The Paying Agent shall pay all principal of, premium, if any, and interest on the Bonds only to or upon the order of the Bondholders as shown on the Registration Books, and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obliga- tions with respect to the principal of, premium, if any, and interest on the Bonds to the extent so paid. Notwithstanding the provisions of this Resolution to the contrary (including without limitation those provisions relating to the sur- render of Bonds, registration thereof, and is- suance in Authorized Denominations), as long as the Bonds are Depository Bonds, full effect shall be given to the Representation Letter and the procedures and practices of DTC thereun- der, and the Paying Agent shall comply there- with. (c) Upon (i) a determination by the Issuer that DTC is no longer able to carry out its functions or is otherwise determined unsat- isfactory, or (ii) a determination by DTC that the Bonds are no longer eligible for its depository services or (iii) a determination by the Paying Agent that DTC has re- signed or discontinued its services for the Bonds, if such substitution is authorized by law, the Issuer shall (A) designate a satis- factory substitute depository as set forth below or, if a satisfactory substitute is not found, (B) provide for the exchange of De- pository Bonds for replacement Bonds in Authorized Denominations. (d) To the extent authorized by law, if the Issuer determines to provide for the ex- change of Depository Bonds for Bonds in Authorized Denominations, the Issuer shall so notify the Paying Agent and shall pro- vide the Registrar with a supply of execut- ed unauthenticated Bonds to be so ex- changed. The Registrar shall thereupon notify the owners of the Bonds and provide for such exchange, and to the extent that Book 142 Regular Session, June 18, 2012 185 the Beneficial Owners are designated as the transferee by the owners, the Bonds will be delivered in appropriate form, con- tent and Authorized Denominations to the Beneficial Owners, as their interests ap- pear. (e) Any substitute depository shall be des- ignated in writing by the Issuer to the Pay- ing Agent. Any such substitute depository shall be a qualified and registered "clearing agency' as provided in Section 17A of the Securities Exchange Act of 1934, as amended. The substitute depository shall provide for (i) immobilization of the Deposi- tory Bonds, (ii) registration and transfer of interests in Depository Bonds by book en- tries made on records of the depository or its nominee and (iii) payment of principal of, premium, if any, and interest on the Bonds in accordance with and as such in- terests may appear with respect to such book entries. Section 8. Registration of Bonds; Appoint- ment of Registrar; Transfer; Ownership; Deliv- ery; and Cancellation. (a) Registration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the regis- tration and transfer of ownership of the Bonds, and in no other way. Wells Fargo Bank, National Association is hereby ap- pointed as Bond Registrar under the terms of this Resolution and under the provisions of a separate agreement with the Issuer filed herewith which is made a part hereof by this reference. Registrar shall maintain the books of the Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as provided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer con- tained in the Bonds and in this Resolution. (b) Transfer. The ownership of any Bond may be transferred only upon the Registra- tion Books kept for the registration and transfer of Bonds and only upon surrender thereof at the office of the Registrar to- gether with an assignment duly executed by the holder or his duly authorized attor- ney in fact in such form as shall be satis- factory to the Registrar, along with the ad- dress and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the ad- dress of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in ques- tion) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the reg- istered owner required above. Upon the transfer of any such Bond, a new fully reg- istered Bond, of any denomination or de- nominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Bond, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. (c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest prac- ticable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolution. (d) Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner there- of for all purposes, and payment of or on account of the principal of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, in- cluding the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by the Regis- trar shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer. (f) Non - Presentment of Bonds. In the event any payment check representing payment of principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or pay- ment of such Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Bonds. The 186 Regular Session, June 18, 2012 Book 142 Paying Agents obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal be- came due, whether at maturity, or at the date fixed for redemption thereof, or other- wise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. (g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer's expense, one bond for each annu- al maturity. The Registrar shall furnish ad- ditional bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Section 9. Reissuance of Mutilated, De- stroyed, Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and de- liver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitu- tion for the Bond destroyed, stolen or lost, up- on filing with the Registrar evidence satisfacto- ry to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemni- ty and complying with such other reasonable regulations as the Issuer or its agent may pre- scribe and paying such expenses as the Issuer may incur in connection therewith. Section 10. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their designated agent as the same ap- pear on the books of the Registrar on the 15th day of the month preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. Payment of principal shall only be made upon surrender of the Bond to the Paying Agent. Section 11. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this Resolution, the Mayor and Clerk shall ex- ecute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly is- sued under this Resolution and that the holder thereof is entitled to the benefits of this Reso- lution. No Bonds shall be authenticated and de- livered by the Registrar unless and until there shall have been provided the following: 1. A certified copy of the Resolution of Is- suer authorizing the issuance of the Bonds; 2. A written order of Issuer signed by the Treasurer of the Issuer directing the au- thentication and delivery of the Bonds to or upon the order of the Purchaser upon payment of the purchase price as set forth therein; 3. The approving opinion of Ahlers & Cooney, P.C., Bond Counsel, concerning the validity and legality of all the Bonds proposed to be issued. Section 12. Right to Name Substitute Pay- ing Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered bondholder. Section 13. Form of Bond. Bonds shall be printed in substantial compliance with stand- ards proposed by the American Standards Institute substantially in the form as [provided]. Section 14. Contract Between Issuer and Purchaser. This Resolution constitutes a con- tract between said City and the purchaser of the Bonds. Section 15. Non - Arbitrage Covenants. The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance and sale of the Bonds issued here- under which will cause any of the Bonds to be classified as arbitrage bonds within the mean- ing of Sections 148(a) and (b) of the Internal Revenue Code of the United States, as amended, and that throughout the term of the Bonds it will comply with the requirements of statutes and regulations issued thereunder. To the best knowledge and belief of the Is- suer, there are no facts or circumstances that would materially change the foregoing state- ments or the conclusion that it is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be arbitrage bonds. Without limiting the generality of the foregoing, the Issuer hereby agrees to comply with the provisions of the Tax Exemp- tion Certificate and the provisions of the Tax Exemption Certificate are hereby incorporated by reference as part of this Resolution. The Treasurer is hereby directed to make and in- sert all calculations and determinations neces- sary to complete the Tax Exemption Certificate in all respects and to execute and deliver the Book 142 Regular Session, June 18, 2012 187 Tax Exemption Certificate at issuance of the Bonds to certify as to the reasonable expecta- tions and covenants of the Issuer at that date. Section 16. Severability Clause. If any sec- tion, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become ef- fective immediately upon its passage and ap- proval. Section 17. Continuing Disclosure. The Is- suer hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, and the provisions of the Continuing Disclosure Certificate are hereby incorporated by refer- ence as part of this Resolution and made a part hereof. Notwithstanding any other provi- sion of this Resolution, failure of the Issuer to comply with the Continuing Disclosure Certifi- cate shall not be considered an event of de- fault under this Resolution; however, any hold- er of the Bonds or Beneficial Owner may take such actions as may be necessary and appro- priate, including seeking specific performance by court order, to cause the Issuer to comply with its obligations under the Continuing Dis- closure Certificate. For purposes of this sec- tion, 'Beneficial Owner" means any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dis- pose of ownership of, any Bond (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. Section 18. Additional Covenants, Repre- sentations and Warranties of the Issuer. The Issuer certifies and covenants with the pur- chasers and holders of the Bonds from time to time outstanding that the Issuer through its officers, (a) will make such further specific covenants, representations and assurances as may be necessary or advisable; (b) comply with all representations, covenants and assur- ances contained in the Tax Exemption Certifi- cate, which Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the owners of the Bonds;(c) consult with bond counsel (as defined in the Tax Ex- emption Certificate); (d) pay to the United States, as necessary, such sums of money representing required rebates of excess arbi- trage profits relating to the Bonds;(e) file such forms, statements and supporting documents as may be required and in a timely manner; and (f) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, fi- nancial advisors, attorneys and other persons to assist the Issuer in such compliance. Section 19. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be amended without the consent of any owner of the Bonds if, in the opinion of bond counsel, such amendment is necessary to maintain tax exemption with respect to the Bonds under applicable Federal law or regulations. Section 20. Repeal of Conflicting Resolu- tions or Ordinances. That all ordinances and resolutions and parts of ordinances and reso- lutions in conflict herewith are hereby re- pealed. Passed and approved this 18th day of June, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Purchase of Service Agreement - Ameri- ca's River Corporation: City Manager recom- mending execution of a purchase of service agreement with America's River Corporation. Purchase of Service Agreement - Dubuque Convention & Visitors Bureau: City Manager recommending execution of a purchase of service agreement with the Dubuque Area Chamber of Commerce Convention and Visi- tors Bureau. Purchase of Service Agreement - Dubuque Area Labor Management Council: City Man- ager recommending execution of a purchase of service agreement with the Dubuque Area Labor - Management Council to provide funding for improvement and expansion of labor - management cooperation in the public and private sector in the Dubuque area. Purchase of Service Agreement - Dubuque Main Street: City Manager recommending ex- ecution of a purchase of service agreement with Dubuque Main Street to provide funding for the agency to continue to implement a downtown revitalization program and to help fund a part time development position to help manage the economic development and de- sign assistance function of the Historic Mill- work District. Purchase of Service Agreement - Greater Dubuque Development Corporation: City Man- ager recommending execution of a purchase of service agreement with the Greater Dubu- que Development Corporation for support of their economic development services. Purchase of Service Agreement - Helping Services of Northeast Iowa, Inc.: City Manager recommending execution of a purchase of service agreement with Helping Services of Northeast Iowa, Inc. to help provide substance abuse prevention services to the residents of Dubuque. Purchase of Service Agreement - Hills and Dales Senior Programs: City Manager recom- mending approval of a purchase of service agreement with Hills and Dales for operating costs for the Lifetime Center to provide educa- tional, recreational and social programs to senior citizens at 3505 Stoneman Road. Purchase of Service Agreement - Opening 188 Regular Session, June 18, 2012 Book 142 Doors: City Manager recommending execution of purchase of service agreement with Open- ing Doors to help provide emergency and tran- sitional housing and services for women and children at Teresa Shelter and Maria House. Purchase of Service Agreement- Opening Doors for Emergency and Transitional Hous- ing: City Manager recommending approval of a purchase of service agreement with Opening Doors for operational costs for Teresa Shelter, an emergency shelter for 28 women and chil- dren, and Maria House, a transitional facility that houses up to 18 women and children. Operation: New View Community Action Agency - Purchase of Service Agreement: City Manager recommending execution of a Pur- chase of Service Agreement with Operation: New View to provide funding for the agency to continue to provide services to help low in- come and elderly citizens achieve self - efficiency. Purchase of Service Agreement - Project Concern, Inc. Foster Grandparent Program: City Manager recommending execution of a purchase of service agreement with Project Concern, Inc. for support of their Foster Grandparent Program, which recruits elderly and limited- income persons as volunteers to assist in the education /personal program plan and leisure /recreational activity of children with exceptional or special needs. Purchase of Service Agreement- Project Concern for Information and Referral: City Manager recommending approval of a pur- chase of service agreement with Project Con- cern, Inc. to help provide financial counseling and medical services information and referral services to low- and moderate - income resi- dents of the City of Dubuque. Purchase of Service Agreement - Proudly Accessible Dubuque: City Manager recom- mending execution of a purchase of service agreement with Proudly Accessible Dubuque to help make the executive director position a paid position. Purchase of Service Agreement - Retired Senior Volunteer Program: City Manager rec- ommending execution of a purchase of service agreement with RSVP to assist in funding the operation of a program that places retired per- sons or persons over 55 years of age and old- er as volunteer help in nonprofit and public and private agencies. Purchase of Service Agreement - St. Mark Community Center: City Manager recommend- ing execution of purchase of service agree- ment with St. Mark Community Center to pro- vide educational services related to the Kids Connection program serving students in grades K -5. Purchase of Service Agreement - Wash- ington Neighborhood Tool Library: City Man- ager recommending approval of a purchase of service agreement with the Washington Tool Library to provide lending free tools and equipment for low and moderate income per- sons. Motion by Lynch to receive and filed the documents and table the agreements to July 16, 2012. Seconded by Resnick. Council Member Lynch raised questions about what he believed are differences, inconsistencies or the absence of financial reporting required among the individual agencies' agreements. Council discussion included asking staff to adjust lan- guage to include a provision for more detail related to regular board updates and financial reporting for all Purchase of Service agree- ments. Motion carried 6 -1 with Buol voting nay. Improvement Contracts/Performance, Payment and Maintenance Bonds: McDermott Excavating for the Dubuque Millwork District Temporary Parking Lot Project. Upon motion the documents were received and filed. Signed Contracts: A) IIW Engineers & Sur- veyors, Inc. for professional services for Phase II of the City -wide Fire Hydrant Painting Pro- gram, B) IIW Engineers & Surveyors, Inc. for engineering and inspection services at the Bunker Pumping Facility, C) Rental Services, Inc. for obtaining criminal background checks on prospective tenants. Upon motion the doc- uments were received and filed. Alcohol Compliance Civil Penalty for Alco- hol License Holders - The Lift Bar: City Man- ager recommending approval of the Acknowl- edgment/Settlement Agreement for an alcohol compliance violation for The Lift Bar, 180 Main Street. Upon motion the documents were re- ceived, filed, and approved. Alcohol Compliance Civil Penalty for Alco- hol License Holders - West Dubuque Tap: City Manager recommending approval of the Ac- knowledgment/Settlement Agreement for an alcohol compliance violation for the West Dubuque Tap, 1701 Asbury Road. Upon mo- tion the documents were received, filed, and approved. Alcohol and Tobacco License Applications: City Manager recommending approval of an- nual liquor, beer, wine and tobacco licenses applications as submitted. Upon motion the documents were received and filed and Reso- lution No. 163 -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; Resolution No. 164 -12 Book 142 Regular Session, June 18, 2012 189 Approving applications for retail ciga- rette /tobacco sales permits, as required by Iowa Code 453A.47A were adopted. RESOLUTION NO. 163 -12 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND /OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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 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 bonds and otherwise complied with the re- quirements 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 author- ized and directed to cause to be issued the following named applicants and permit types. American Legion Post #6, 1306 Delhi St., Class C Liquor (Catering Privilege) (Sunday) Creslanes Bowling, 255 South Main St., Class C Liquor (Sunday) Los Aztecas III Mexican Rest., 2345 NW Arterial, Class C Liquor (Outdoor Service) (Sunday) Mason Dixon Saloon, 163 Main St., Class C Liquor (Sunday) Murph's South End Tap, 55 Locust St., Class C Liquor Off Minor (Transfer Premise), 920 Main St. to 1689 Elm St., Class C Liquor Dubuque Bowling Lanes, 1029 1/2 Main St., Class C Liquor (Sunday) Five Flags Center, 405 Main St., Class C Liquor (Catering Privilege) (Sunday) Passed, approved and adopted this 2nd day of April, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 164 -12 APPROVING APPLICATIONS FOR RETAIL CIGARETTE/TOBACCO SALES PERMITS, AS REQUIRED BY IOWA CODE 453A.47A. Whereas, applications for Ciga- rette/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 oth- erwise 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 author- ized and directed to cause to be issued the following named applicants and locations for cigarette /tobacco sales permit. Hammerheads Bar and Billiards, 2095 Kerper Blvd. Kwik Stop, 2390 Central Ave Kwik Stop, 2150 Twin Valley Dr. Kwik Stop, 4039 Pennsylvania Kwik Stop, 4110 Dodge St Kwik Stop, 2255 Kerper Blvd. Kwik Stop, 2320 HWY 61 Kwik Stop, 2335 University Ave Dubuque Mining Co., 555 JFK Rd. Oky Doky #8, 535 Hill St. Mystique Casino, 1855 Greyhound Park Dr. Lucky 13, 385 East 13th St Oky Doky #2, 51 West 32od St The Riviera Lounge LTD., 678 Central Ave Diamond Jo Casino, 301 Bell St. Awn Stop Mart, Inc, 1998 Jackson St Passed, approved and adopted this 18th day of June, 2012. Roy Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ITEMS TO BE SET FOR PUBLIC HEARING Motion by Connors to receive and file the documents, adopt the resolutions, set the pub- lic hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Resnick. Motion carried 7 -0. North End Trail Lighting Project Initiation: City Manager recommending initiation of the bidding process for the North End Trail Light- ing Project, and that a public hearing be set for July 2, 2012. Upon motion the documents were received and filed and Resolution No. 165 -12 Preliminary approval of plans, specifi- cations, form of contract, and estimated cost; setting date of public hearing on plans, specifi- cations, form of contract, and estimated cost; and ordering the advertisement for bids (North End Trail Lighting Project) was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 2, 2012 in the Historic Fed- eral Building. RESOLUTION NO. 165 -12 NORTH END TRAIL LIGHTING PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, 190 Regular Session, June 18, 2012 Book 142 AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECI- FICATIONS, 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 plans, specifications, form of contract and estimated cost for the North End Trail Lighting Project, in the estimated amount $145,000, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 2od day of July, 2012, at 6:30 p.m. in the Council Chambers, second floor of the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and esti- mated cost of said Project, and the City Clerk be and is hereby directed to cause the at- tached 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 objec- tions to the proposed plans, specifications, form of contract, or estimated cost of the Pro- ject. The North End Trail Lighting 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. The City Clerk is hereby directed to adver- tise for bids for the construction of the im- provements 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 4:00 p.m. on the 5th day of July, 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 16th day of July, 2012, in Council Chambers, second floor of the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 18th day of June, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Holliday Third Addition - Vacate of Sanitary Sewer: City Manager recommending approval of a request from James Kaune of IIW, P.C. to vacate a sanitary sewer easement in the Hol- liday Third Addition for the cost of publication and filing fees and that a public hearing be set for July 2, 2012. Upon motion the documents were received and filed and Resolution No. 166 -12 Resolution of intent to dispose of City interest and vacate sanitary sewer easement over Lot 7 and Lot 2 of 8 in Holliday Third Ad- dition in the City of Dubuque, Dubuque Coun- ty, Iowa, was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 2, 2012 in the Historic Federal Building. RESOLUTION NO. 166 -12 INTENT TO DISPOSE OF CITY INTEREST AND VACATE SANITARY SEWER EASE- MENT OVER LOT 7 AND LOT 2 OF 8 IN HOLLIDAY THIRD ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, WBBW Holliday Development, LLC is the current owner of Lot 7 and Lot 2 of 8 in Holliday Third Addition in the City of Dubuque, Iowa; and Whereas, a sanitary sewer easement is currently platted on said Lots; and Whereas, existing sewer has been relocat- ed currently serving said Lots; and Whereas, James Kaune, representing WBBW Holliday Development, LLC, has peti- tioned to vacate the easement over and across said lots. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque in- tends to dispose of its interest and vacate a sanitary sewer easement over Lot 7 and Lot 2 of 8 in Holliday Third Addition in the City of Dubuque, Dubuque County, Iowa, as shown on the plats recorded as file numbers 10979- 04 and 10877 -04. Section 2. That the City has accepted the improvements in Holliday Third Addition by Resolution No. 157 -12 on the 18th day of June, 2012. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said interest to be published in the manner as prescribed by law. Passed, approved and adopted this 18th day of June, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Holliday Third Addition - Vacate of Storm Sewer: City Manager recommending approval of a request from Nick Lange of Buesing & Associates to vacate and relocate a storm sewer easement in Holliday Third Addition for the cost of publication and filing fees and that a public hearing be set for July 2, 2012. Upon motion the documents were received and filed Book 142 Regular Session, June 18, 2012 191 and Resolution No. 167 -12 Resolution of intent to dispose of City interest and vacate a storm sewer easement over Lot 1 Holliday Third Ad- dition in the City of Dubuque, Dubuque Coun- ty, Iowa, was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 2, 2012 in the Historic Federal Building. RESOLUTION NO. 167 -12 INTENT TO DISPOSE OF CITY INTEREST AND VACATE A STORM SEWER EASE- MENT OVER LOT 1 HOLLIDAY THIRD AD- DITION IN THE CITY OF DUBUQUE, DUBU- QUE COUNTY, IOWA Whereas, Gomer Holliday Development, LLC is the current owner of Lot 1 Holliday Third Addition in the City of Dubuque, Iowa; and Whereas, an existing storm sewer ease- ment is currently platted on said Lot 1; and Whereas, relocation of said storm sewer is proposed by said owner; and Whereas, Nick Lange, representing Gomer Holliday Development, LLC, has petitioned to vacate the existing storm sewer easement over and across said Lot 1. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque in- tends to dispose of its interest and vacate a storm sewer easement over Lot 1 Holliday Third Addition in the City of Dubuque, Dubu- que County, Iowa, as shown on the Plat of Easement prepared by Buesing & Associates dated May 24, 2012. Section 2. That the owner has agreed to relocate the existing storm sewer line at their own expense. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said interest to be published in the manner as prescribed by law. Passed, approved and adopted this 18th day of June, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS /COMMISSIONS Arts and Cultural Affairs Advisory Commis- sion: Three 3 -year terms through June 30, 2015 (Expired terms of Henkels, Steffen and Shafer) (specialized positions). Applicants: Ellen Henkels, 890 W. 3rd Street; John Keith King, 489 W. 4th Street; Julie Steffen, 2260 Coates Street; Vince Williams, 3965 Creston Street. Upon roll -call vote (5 -2, Buol and Res- nick voting for Henkels), Julie Steffen was ap- pointed to the at -large position through June 30, 2015. Upon roll -call vote of 7 -0, Ellen Hen - kels was appointed to the busi- ness /professional representative living /working outside the Cultural District, and John Keith King was appointed to the busi- ness /professional representative living /working inside the Cultural District for 3 -year terms through June 30, 2015. Civic Center Advisory Commission: One 3- year term through June 29, 2015 (Expired term of Parks). Applicant: Bryce Parks, 2005 N. Main Street. Motion by Connors to appoint Bryce Parks to a 3 -year term through June 29, 2015. Seconded by Jones. Motion carried 7 -0. Historic Preservation Commission: Two 3- year terms through July 1, 2015 (Expired At- Large terms of Bichell and Olson). Applicants: Mary Loney Bichell, 595 W. 11th Street; Chris- tine Happ Olson, 1090 Grove Terrace (Addi- tional Applicant). Motion by Braig to appoint Mary Loney Bichell and Christine Happ Olson to 3 -year terms through July 1, 2015. Second- ed by Jones. Motion carried 7 -0. Investment Oversight Advisory Commis- sion: Two 3 year terms through July 1, 2015 (Expired terms of Chalmers and Simonson). Applicants: Brad Chalmers, 1095 W. 3rd Street; John Keith King, 489 W. 4th Street; Ashlie Simonson, 44 S. Algona Street (Ms. Simonson withdrew her application due to moving out of state). Motion by Jones to ap- pointed Brad Chalmers and John Keith King to 3 -year terms through July 1, 2015. Seconded by Connors. Motion carried 7 -0. Library Board of Trustees: Two 4 -year terms through July 1, 2016 (Expired terms of Connors and Anderson - Bricker). Applicants: John Anderson - Bricker, 903 Merz Street; Pau- la Connors, 818 S. Grandview Avenue; John Pregler, 1525 Pego Court. Upon Council con- currence, Mayor Buol appointed John Ander- son- Bricker, and Paula Connors to 4 -year terms through July 1, 2016. Long Range Planning Advisory Commis- sion: Two 3 -year terms through July 1, 2015 (Expired terms of Darter and Pregler). Appli- cants. Chad Darter, 2544 Matthew John Drive; John Pregler, 1525 Pego Court. Motion by Braig to appoint Chad Darter and John Pregler to 3 -year terms through July 1, 2015. Second- ed by Jones. Motion carried 7 -0. Park and Recreation Commission: One 3- year term through June 30, 2015 (Expired term of Blocker). Applicant: Robert Blocker, 880 Kane Street. Motion by Jones to appoint Rob- ert Blocker to a 3 -year term through June 30, 2015. Seconded by Resnick. Motion carried 7- 0. Transit Advisory Board: One 3 -year term through July 30, 2015 (Expired term of Esser). Applicant: Matthew Esser, 90 Main Street. Motion by Connors to appoint Matthew Esser to a 3 -year term through July 30, 2015. Se- conded by Braig. Motion carried 7 -0. 192 Regular Session, June 18, 2012 Book 142 PUBLIC HEARINGS Request to Amend Planned Unit Develop- ment - Asbury Plaza (Tabled from April 16, 2012): Proof of publication on notice of public hearing to consider a request by O'Connor & Thomas, P.C., Asbury Dubuque, LC, and Richardson Investments, LLC to amend the Asbury Plaza Planned Unit Development to allow for a right -in /right -out access to the Northwest Arterial and to amend the list of permitted uses, height and sign regulations and the Zoning Advisory Commission recom- mending approval. City Manager recommending additional amendments to the Asbury Plaza Planned Unit Development. Correspondence from O'Connor & Thomas on behalf of the developers requesting that the request to amend the Planned Unit Develop- ment for Asbury Plaza be tabled to September 4, 2012. Motion by Connors to remove from the ta- ble. Seconded by Jones. Motion carried 7 -0. Motion by Braig to table to September 4, 2012. Seconded by Connors. Motion carried 7 -0. Upon motion the rules were suspended al- lowing anyone present to address the City Council. Request to Rezone -16th Street and Kerper Boulevard: Proof of publication on notice of public hearing to consider rezoning property located at the southwest corner of 16 property Street and Kerper Boulevard from POS Public Open Space District to C -3 General Commercial District as requested by the City of Dubuque and the Zoning Advisory Commission recom- mending approval. Motion by Jones to receive and file the documents and adopt the [resolu- tion]. Seconded by Braig. Planning Services Laura Carstens provided a staff report. Motion carried 7 -0. (The public hearing was conduct- ed. This item required passage by ordinance and not resolution and will come back before the Council on July 16, 2012). Upon motion the rules were reinstated lim- iting discussion to the City Council. ACTION ITEMS Greater Dubuque Development Corpora- tion: President and CEO for Greater Dubuque Development Corporation Rick Dickinson pro- vided a progress report on the agency's activi- ties highlighting its relationship with the City, reporting procedures, the promotion of the Greater Dubuque area, the impact of Mayor Buol's national and international exposure, telephony, regional strength and the achieve- ment of NEXT program goals. Motion by Lynch to receive and file the information. Seconded by Jones. Resnick commented on the positive exposure enjoyed by the City of Dubuque due to Mayor Buol's time commitment to promoting the community. Motion carried 7 -0. Preliminary Plat - North Ridge Estates: Zoning Advisory Commission recommending approval of the preliminary plat of North Ridge Estates as requested by We Development LLC / MSA Professional Services, Inc. subject to waiving the maximum collector street grade requirement. Motion by Connors to receive and file the documents and approve the rec- ommendation. Seconded by Jones. Motion carried 7 -0. Final Plat - Peterson Addition: Zoning Ad- visory Commission recommending approval of the Final Plat of Peterson Addition subject to waiving the lot frontage requirement for Lot 2. Motion by Jones to receive and file the docu- ments and adopt Resolution No. 168 -12 Ap- proving the Final Plat of Peterson Addition in the County of Dubuque, Iowa. Seconded by Braig. Motion carried 7 -0. RESOLUTION NO. 168 -12 RESOLUTION APPROVING THE FINAL PLAT OF PETERSON ADDITION IN THE COUNTY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk the Final Plat of Peterson Addition in the County of Dubuque, Iowa; and Whereas, said Final Plat provides 24.17 feet of frontage for Lot 2 on a public street or an approved private street, where 50 feet is required by Section 11 -14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code; and Whereas, said Final Plat is located within a Primary Growth Area as defined by the City of Dubuque Fringe Area Development Policy, and also within the Southwest Arterial Morato- rium Area; and Whereas, said Final Plat has been exam- ined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Final Plat has been exam- ined by the City Council and they find that it conforms to the statues and ordinances relat- ing to it. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 11 -14 of Title 16 of the City of Dubuque Code of Ordinances, Uni- fied Development Code, is waived to allow 24.17 feet of frontage on a public street or an approved private street for Lot 2. Book 142 Regular Session, June 18, 2012 193 Section 2. That approval of the Final Plat of Peterson Addition is contingent upon execu- tion of a pre- annexation agreement for the subject property in accordance with the City of Dubuque Fringe Area Development Policy, unless said agreement is waived by the City Council. Section 3. That the Final Plat of Peterson Addition is hereby approved and the Mayor and City Clerk are hereby authorized and di- rected to endorse the approval of the City of Dubuque, Iowa upon said final plat. Passed, approved and adopted this 18th day of June, 2012. Roy D. Buol, Mayor Attest: Keivn S. Firnstahl, City Clerk Peterson Addition - Pre - Annexation Agreement: City Manager recommending ap- proval of a Pre - Annexation Agreement with David and Joyce Peterson, in conjunction with their request for approval of a final plat at 12647 North Cascade Road. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Connors. Motion carried 7 -0. One -Way to Two -Way Conversion of 9th 10th, 11th, Elm and Pine Streets: City Manager recommending approval of the conversion of 9th 10th, 11th, Elm and Pine Streets from one - way to two -way traffic. Motion by Jones to ta- ble to July 16, 2012. Seconded by Connors. Motion carried 7 -0. Southwest Arterial Corridor and East -West Corridor - Moratorium Amendments: City Man- ager recommending Council approval of four ordinances which extend the moratoriums for construction and other work, rezoning, subdi- vision review and site plan approval in the Southwest Arterial Corridor and the East -West Corridor Study Area for an additional twelve months. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Motion carried 7 -0. Motion by Connors for final consideration and passage of Ordinance No. 36 -12 Amend- ing City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 2 Building Construction, Demolition and moving, Section 14 -2 -4 Moratorium for Construction or Other Work on Certain Streets, Areas or Facili- ties by extending the moratorium; Ordinance No. 37 -12 Amending City of Dubuque Code of Ordinances Title 16 Unified Development Code, Chapter 9 Zoning Advisory Commission Applications and Procedures, Section 16 -9 -5 -3 City Council action by extending the moratori- um; Ordinance No. 38 -12 Amending City of Dubuque Code of Ordinances Title 16 Unified Development Code, Chapter 11 Land Subdivi- sion, Section 16 -11 -2 Applicability by extend- ing the moratorium; and Ordinance No. 39 -12 Amending City of Dubuque Code of Ordinanc- es Title 16 Unified Development Code, Chap- ter 13 Site Design Standards, Section 16 -13 -2 Applicability by extending the moratorium for such site plans. Seconded by Jones. Motion carried 7 -0. OFFICIAL PUBLICATION ORDINANCE NO. 36 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 2 BUILDING CONSTRUCTION, DEMOLITION AND MOV- ING, SECTION 14 -2 -4 MORATORIUM FOR CONSTRUCTION OR OTHER WORK ON CERTAIN STREETS, AREAS OR FACILI- TIES BY EXTENDING THE MORATORIUM Section 1. City of Dubuque Code of Ordi- nances Section 14 -2 -4 is amended to read as follows: Sec. 14 -2 -4: Moratorium For Construction Or Other Work On Certain Streets, Areas Or Facilities: A. Southwest Arterial Corridor: The city manager may not issue any permit for any new construction or substantial enlargement, al- teration, repair or remodeling of any structure, building, or sign in the southwest arterial corri- dor but not to include demolition, as delineated on drawings on file in the city clerk's office, from the effective date hereof to July 1, 2013, except where a vested right to the issuance of such permit accrued prior to the effect date hereof. B. East -West Corridor Study Area: The city manager may not issue any permit for any new construction or substantial enlargement, al- teration, repair or remodeling of any structure, building, or sign in the east -west corridor study area as shown on the map on file in the office of the city clerk, but not to include demotion or emergency repairs, without the approval of the city council, from the effective date hereof to August 20, 2013, except where a vested right to the issuance of such permit accrued prior to the effective date hereof. Section 2. This Ordinance takes effect up- on publication. Passed, approved, and adopted the 18th day of June, 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald on the 22od day of June, 2012. /s /Kevin S. Firnstahl City Clerk 194 Regular Session, June 18, 2012 Book 142 OFFICIAL PUBLICATION ORDINANCE NO. 37 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED DEVEL- OPMENT CODE, CHAPTER 9 ZONING AD- VISORY COMMISSION APPLICATIONS AND PROCEDURES SECTION 16 -9 -5 -3 CITY COUNCIL ACTION BY EXTENDING THE MORATORIUM Section 1. City of Dubuque Code of Ordi- nances Section 16 -9 -5 -3 is amended to read as follows: Sec. 16- 9 -5 -3: City Council Action: D. Moratorium For Rezonings In The Southwest Arterial Corridor: The city council may not give final approval to any zoning reclassification (rezoning) request for property in the southwest arterial corridor that lies within the corporate limits of the city of Dubu- que, as delineated on drawings on file in the city clerk's office, from the ef- fective date hereof to July 1, 2013, except where a vested right to the is- suance of such approval accrued pri- or to the effective date hereof. Section 2. This Ordinance takes effect up- on publication. Passed, approved, and adopted the 18th day of June, 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald on the 22nd day of June, 2012. /s /Kevin S. Firnstahl City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 38 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED DEVEL- OPMENT CODE, CHAPTER 11 LAND SUB- DIVISION, SECTION 16 -11 -2 APPLICABIL- ITY BY EXTENDING THE MORATORIUM Section 1. City of Dubuque Code of Ordi- nances Section 16 -11 -2 is amended to read as follows: Sec. 16 -11 -2: Applicability: C. Southwest Arterial Corridor Subdi- vision Review: A proposed plat that divides any parcel within the south- west arterial corridor into two (2) or more lots, and any preliminary plat within the southwest arterial corridor must be submitted to the city council for review. No plat for any subdivision or resubdivision of property in the southwest arterial corridor, as deline- ated on drawings on file in the city clerk's office, may be approved by the city council, from the effective date hereof to July 1, 2013, except where a vested right to the issuance of such approval accrued prior to the effective date hereof. Section 2. This Ordinance takes effect up- on publication. Passed, approved, and adopted the 18th day of June, 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald on the 22od day of June, 2012. /s /Kevin S. Firnstahl City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 39 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED DEVEL- OPMENT CODE, CHAPTER 13 SITE DE- SIGN STANDARDS, SECTION 16 -13 -2 AP- PLICABILITY BY EXTENDING THE MORA- TORIUM FOR SUCH SITE PLANS Section 1. City of Dubuque Code of Ordi- nances Section 16 -13 -2 is amended to read as follows: Sec. 16 -13 -2: Applicability: E. Moratorium For Site Plans In The Southwest Arterial Corridor: The city planner may not issue conditional or final approval for any site plan filed for property in the southwest arterial corridor that lies within the corporate limits of the city of Dubuque, as de- lineated on drawings on file in the city clerk's office, from the effective date hereof to July 1, 2013, except where a vested right to the issuance of such approval accrued prior to the effective date hereof. Section 2. This Ordinance takes effect up- on publication. Passed, approved, and adopted the 18th day of June, 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald on the 22nd day of June, 2012. /s /Kevin S. Firnstahl City Clerk Moratorium on the Issuance of Licenses for Junk and Secondhand Dealers and Pawnbro- kers: City Manager recommending approval for an ordinance establishing a moratorium on the issuance of licenses for junk and secondhand dealers and pawnbrokers. Motion by Jones to receive and file the documents and that the requirement that a proposed ordi- nance be considered and voted on for pas- sage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Braig. Motion carried 7- 0. Motion by Jones for final consideration and passage of Ordinance No. 40 -12 Amending Book 142 Regular Session, June 18, 2012 195 City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 6 Junk and Secondhand Dealers and Pawnbro- kers By adopting a new Section 4 -6 -10 Estab- lishing a Moratorium on the Issuance of Li- censes for Junk and Secondhand Dealers and Pawnbrokers. Seconded by Lynch. Motion carried 7 -0. OFFICIAL PUBLICATION ORDINANCE NO. 40 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 6 JUNK AND SECONDHAND DEALERS AND PAWNBROKERS BY ADOPTING A NEW SECTION 4 -6 -10 ESTABLISHING A MORA- TORIUM ON THE ISSUANCE OF LICENSES FOR JUNK AND SECONDHAND DEALERS AND PAWNBROKERS Whereas, the City of Dubuque Code of Or- dinances establishes the process for licensing junk and secondhand dealers and pawnbro- kers; and, Whereas, the City Council desires to study whether the licensing process needs to be updated. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Chapter 6 of the City of Dubu- que Code of Ordinances is amended by adopt- ing the following new section: Sec. 4 -6 -10: Moratorium on the Issuance of Licenses for Junk and Secondhand Dealers and Pawnbrokers: The City Clerk may not issue a license for any new junk and secondhand dealer or pawnbroker within the city of Dubuque for a period of six (6) months from the date of this Ordinance except where a vested right to the issuance of such permit accrued prior to the effective date of this Ordinance. Any person, firm, or corporation aggrieved or adversely affected by the building official's refusal to issue a permit pursuant to this mora- torium may appeal therefrom to the city coun- cil. The city council may direct the City Clerk to issue a license where the city council finds that the refusal to issue a license would deprive the owner of the property of a vested right. Section 2. This Ordinance takes effect up- on publication. Passed, approved, and adopted the 18th day of June, 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald on the 22od day of June, 2012. /s /Kevin S. Firnstahl City Clerk Arts and Cultural Affairs Advisory Commis- sion - Fiscal Year 2013 Special Projects Fund- ing: Arts and Cultural Affairs Advisory Com- mission recommending approval of the six Fiscal Year 2013 Arts and Culture Grants for Special Projects and authorize the City Man- ager to sign the grant agreements. Motion by Braig to receive and file the documents and approve the recommendation. Seconded by Jones. Motion carried 7 -0. Civic Center Commission: City Manager recommending approval of an ordinance changing the meeting frequency of the Five Flags Commission meetings from monthly to quarterly. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Resnick. Motion carried 7 -0. Motion by Connors for final consideration and passage of Ordinance No. 41 -12 Amend- ing City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 4 Civic Center Advisory Commission, Section 2 -4 -12 Meetings by amending the mandatory monthly meeting requirement to a quarterly meeting requirement. Seconded by Resnick. Motion carried 7 -0. OFFICIAL PUBLICATION ORDINANCE NO. 41 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND COMMISSIONS, CHAPTER 4 CIVIC CENTER ADVISORY COMMISSION, SECTION 2-4-12 MEETINGS BY AMENDING THE MANDA- TORY MONTHLY MEETING REQUIREMENT TO A QUARTERLY MEETING REQUIRE- MENT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 2 -4 -12 of the City of Dubuque Code of Ordinances is amended to read as follows: 2 -4 -12: MEETINGS: A. Meetings: The commission shall meet not less than quarterly. B. Special Meetings: Special meetings may be called by the chairperson or at the re- quest of three (3) members of the commis- sion. Section 2. This Ordinance takes effect up- on publication. Passed, approved, and adopted the 18th day of June, 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald on the 22nd day of June, 2012. /s /Kevin S. Firnstahl City Clerk 196 Special Session, June 27, 2012 Book 142 The Jule Transit - Purchase, Installation and Deployment of ITS Equipment: City Man- ager recommending approval for the City of Dubuque to enter into a contract with Mentor Engineering for the purchase and installation of Intelligent Technology Systems (ITS) equipment on The Jule's transit fleet. Motion by Braig to receive and file the documents and approve the recommendation. Seconded by Connors. Transit Manager Barbara Morck and Candace Eudaley of ECIA provided a brief slide presentation about the functionality of the ITS equipment. Motion carried 7 -0. COUNCIL MEMBER REPORTS Jones concurred with Council Member Resnick's earlier comments on Mayor Buol's level of commitment to the promotion of Dubu- que and the positive impact his increased na- tional and international travel invitations are having on the community. Mayor Buol noted that it is owed to the City Council's collective help. There being no further business, upon mo- tion the City Council adjourned at 7:55 p.m. /s/Kevin S. Firnstahl City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:00 p.m. on June 27, 2012 in the Conference Room B, City Hall, 50 W. 13th 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 special session of the City Council for the purpose of conducting performance evalua- tions in closed session in accordance with Chapter 21.5 (1)00 of the Code of Iowa. Motion by Braig to convene in closed ses- sion at 5:01 p. m. pursuant to Chapter 21.5 (1)0) of the Code of Iowa. Seconded by Jones. Motion carried 7 -0. City Manager Van Milligen then left the meeting. City Attorney Lindahl left the meeting at 5:12 p.m. City Manager Van Milligen returned to the meeting from 5:50 p.m. to 6:32 p.m. Motion by Jones to reconvene in open session at 6:36 p.m. stating that the perfor- mance evaluations of the City Attorney, City Clerk, and City Manager had been completed and that staff had been given proper direction. Seconded by Resnick. Motion carried 7 -0. There being no further business, Jones motioned to adjourn at 6:37 p.m. Seconded by Resnick. Motion carried 7 -0. /s/Kevin S. Firnstahl City Clerk Book 142 Regular Session, July 2, 2012 197 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on July 2, 2012 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Pro -Tem Jones; Council Members Braig, Lynch, Resnick, City Manager Van Milligen, City Attorney Lindahl Absent: Mayor Buol; Council Members Connors and Sutton Mayor Pro -Tem Jones read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the Council. PLEDGE OF ALLEGIANCE MOMENT OF SILENCE Mayor Pro -Tem Jones announced that the City of Dubuque was named a 2012 All Ameri- ca City by the National Civic League based on the City's plan to ensure that more children are reading at grade level by the end of third grade. Jones credited the coalition that includ- ed Every Child /Every Promise, Carnegie -Stout Public Library, the Community Foundation of Greater Dubuque, the Dubuque Area Chamber of Commerce and leaders and experts from area schools, colleges, universities, nonprofits, businesses, city government and philanthro- pies. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Resnick. Motion carried 4 -0. Minutes and Reports Submitted: City Council proceedings of 6/18 Proof of publication for City Council pro- ceedings of 6/4. Upon motion the documents were received and filed. Notice of Claims and Suits: Donna McKnight for property damage; North Grandview Estates, LLC /Richard Henkel vs. City of Dubuque for installation of streets; Tina Pfeiler for vehicle damage. Upon motion the documents were received, filed and referred to the City Attorney. Disposition of Claims: City Attorney advis- ing that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Claim by Donna McKnight for property damage, claim by Tina Pfeiler for vehicle dam- age. Upon motion the documents were re- ceived, filed and concurred. Safe Community Advisory Committee: Committee Member Amanda Elkins submitting her resignation from the Safe Community Ad- visory Committee. Upon motion the document was received, filed and the resignation accept- ed. Excess Worker's Compensation Insurance Renewal: City Manager recommending ap- proval of the Worker's Compensation Excess Insurance renewal with Safety National effec- tive July 1, 2012 through June 30, 2013. Upon motion the documents were received, filed, and approved. Mediacom Dubuque Digital Upgrade 2012: City Manager providing an update on Media - com's continuing transition away from analog signals toward all digital television in Dubuque. Upon motion the documents were received and filed. Hunter Equity, LLC / 2013 Dubuque, LLC (FedEx): City Manager recommending ap- proval of a Consent and Subordination Agreement with CrossFirst Bank. Upon motion the documents were received, filed, and ap- proved. Kaufmann Avenue HMA Resurfacing - Pro- ject Acceptance: City Manager recommending acceptance of the Kaufmann Avenue HMA Resurfacing Project (John F. Kennedy Road to Carter Road), as completed by Top Grade Excavating, Inc., in the final contract amount of $560,742.09. Upon motion the documents were received and filed and Resolution No. 169 -12 Accepting the Kaufmann Avenue HMA Resurfacing Project (John F. Kennedy Road to Carter Road), Iowa DOT Project No. STP -U- 2100 (662)- -70 -31 and authorizing the pay- ment of the contract amount to the contractor was adopted. RESOLUTION NO. 169 -12 ACCEPTING THE KAUFMANN AVENUE HMA RESURFACING PROJECT (JOHN F. KENNEDY ROAD TO CARTER ROAD), 10- WA DOT PROJECT NO. STP -U -2100 (662)- 70-31 AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Kaufmann Avenue HMA Resurfacing 198 Regular Session, July 2, 2012 Book 142 Project (John F. Kennedy Road to Carter Road), Iowa DOT Project No. STP -U -2100 (662)- -70 -31 (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the DMATS STP Funds, Kaufmann Avenue Re- surfacing (CIP 3002140), Sunset Ridge Re- construction (CIP 3002141), Stone Retaining Walls Fund (CIP 3501029) and Kaufmann & Trygg Storm Sewer Extension (CIP No. 7202243) appropriations for the contract amount of $560,742.09 less any retained per- centage provided for therein as provided in Iowa Code chapter 573, and to pay such re- tainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 2od day of July, 2012. Ric W. Jones. Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk City Engineer's Certificate of Final Comple- tion of the Kaufmann Avenue HMA Resur- facing Project (John F. Kennedy Road to Carter Road), Iowa DOT Project No. STP -U- 2100 (662) -70 -31 The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Kaufmann Avenue HMA Resur- facing Project (John F. Kennedy Road to Carter Road), Iowa DOT Project No. STP -U- 2100 (662)- 70 -31, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $671,437.53. Dated this 22nd day of June, 2012. /s /Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 22nd day of June, 2012. /s /Kevin S. Firnstahl, City Clerk Sustainable Dubuque Project Status Up- date: City Manager transmitting the monthly Sustainable Dubuque Project Status Update for June 2012. Upon motion the documents were received and filed. Mines of Spain Trail - State Recreation Trail Grant Application: City Manager recom- mending approval to submit a 2012 State Rec- reational Trails grant application in the amount of $170,500 to the Iowa Department of Trans- portation for development of the Mines of Spain Trail and Trailhead Project. Upon motion the documents were received and filed and Resolution No. 170 -12 Authorizing State Rec- reational Trails Grant Application to Iowa De- partment of Transportation for development of the Mines of Spain Trail and Trailhead was adopted. RESOLUTION NO. 170 -12 AUTHORIZING STATE RECREATIONAL TRAILS GRANT APPLICATION TO IOWA DEPARTMENT OF TRANSPORTATION FOR DEVELOPMENT OF THE MINES OF SPAIN TRAIL AND TRAILHEAD Whereas, the Iowa Department of Trans- portation has allocated grant funds in the State Recreational Trails Program for the develop- ment of recreational trails and related ameni- ties; and Whereas, the City of Dubuque has adopted the 2008 Comprehensive Plan which includes objectives for enhanced accessibility for parks, trails, and open space, protection of scenic and cultural resources, and development of additional recreational trails. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor hereby is authorized to sign and the Planning Services Manager is http: / /www. cityofd u buq ue. org /index. aspx ?n id= 362hereby authorized to submit an application to the Iowa Department of Transportation for a State Recreational Trails grant for the Mines of Spain Trail and Trailhead project. Section 2. That in the event said applica- tion is approved, the City Council hereby pro- vides its written assurance that the completed project will be adequately maintained for its intended use in accordance with state re- quirements. Passed, approved and adopted this 2nd day of July, 2012. Ric W. Jones. Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk Code of Ordinances - Adoption of Supple- ment No. 9: City Clerk recommending adoption of Supplement No. 9 to the City of Dubuque Code of Ordinances, which adopts Ordinance Nos. 21 -12, 22 -12, 23 -12, 24 -12, 25 -12, 29 -12, 31 -12 and 32 -12. Upon motion the documents were received and filed and Resolution No. 171 -12 Adopting Supplement No. 9 to the Code of Ordinances of the City of Dubuque, Iowa was adopted. Book 142 Regular Session, July 2, 2012 199 RESOLUTION NO. 171 -12 ADOPTING SUPPLEMENT NO. 9 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance No. 43 -09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entirety; and Whereas, since August 17, 2009 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances; and Whereas, Section 380.8 of the Code of lo- wa provides that supplements, by resolution, become part of the Code of Ordinances. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 9 of the Code of Ordinances of the City of Dubuque, Iowa, covering Ordinances 21 -12, 22 -12, 23- 12, 24 -12, 25 -12, 29 -12, 31 -12 and 32 -12 passed by Council and enacted through May 7, 2012, prepared by the Sterling Codifiers, Inc., and filed in the Office of the City Clerk of the City of Dubuque, Iowa is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. Passed, approved and adopted this 2od day of July, 2012. Ric W. Jones. Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk Homelessness Prevention and Rapid Re- Housing program (HPRP) Amendment: City Manager recommending approval of Amend- ment Three to the Project Concern, Inc. Agreement for the Homelessness Prevention and Rapid Re- Housing Program. Upon motion the documents were received, filed, and ap- proved. Improvement Contracts / Performance, Payment and Maintenance Bonds: Drew Cook & Sons Excavating for 2012 Brick Manhole Replacement Project No. 4; Horsfield Con- struction, Inc. for Ramona Street Panel Re- placement Project; Winger Construction Com- pany for deconstruction of 517 East 22nd Street. Upon motion the documents were re- ceived and filed. Signed Contracts: Racom Critical Commu- nications for AVL Equipment Service Agree- ment and IP Video Service Support, Coca - Cola Beverage Agreement with the Leisure Services Department. Upon motion the docu- ments were received and filed. Alcohol Compliance Civil Penalty for Alco- hol License Holders - Baymont Inn & Suites: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Baymont Inn & Suites, 4025 McDonald Drive. Upon motion the documents were received, filed, and ap- proved. Alcohol and Tobacco License Applications: Alcohol and Tobacco License Applications City Manager recommending approval of annual liquor, beer, wine and tobacco licenses appli- cations as submitted. Upon motion the docu- ments were received and filed and Resolution No. 172 -12 Approving applications for beer, liquor, and /or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Busi- ness and License Regulations, Chapter 2 Liq- uor Control, Article B Liquor, Beer and Wine Licenses and Permits; and Resolution No. 173 -12 Approving applications for retail ciga- rette /tobacco sales permits, as required by Iowa Code 453A.47A were adopted. RESOLUTION NO. 172 -12 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND /OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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 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 bonds and otherwise complied with the re- quirements 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 author- ized and directed to cause to be issued the following named applicants and permit types. NEW Colts Community Center, 1101 Central Ave., Class C Liquor RENEWALS Off Minor, 920 Main St., Class C Liquor (Sunday) Paul's Tavern, 176 Locust St., Class C Liquor (Sunday) Fischer Lanes, 880 Locust St., Class C Liquor (Sunday) Rondavoo, 1850 Central Ave., Class C Liquor (Sunday) Special Events, Monks Kaffee Pub, 373 Bluff St., Class C 200 Regular Session, July 2, 2012 Book 142 Liquor (Outdoor) Tri- States Chili Cook -Off, 4th and Bluff St., Class B Beer (Includes Wine Cool - ers)(Outdoor) Dubuque and All that Jazz, Five Flags Center, Class B Beer (Includes Wine Coolers) (July 20, Aug. 17 and Sept. 7), Dubuque Jaycees, (Riverview BBQ), Al- liant Energy Amphitheater, Class B Beer (In- cludes Wine Coolers)Class C Native Wine Permit (On- Premise Native Wine)(Outdoor Service) Passed, approved and adopted this god day of July, 2012. Ric W. Jones. Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 173 -12 APPROVING APPLICATIONS FOR RETAIL CIGARETTE/TOBACCO SALES PERMITS, AS REQUIRED BY IOWA CODE 453A.47A. Whereas, applications for Ciga- rette/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 oth- erwise 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 author- ized and directed to cause to be issued the following named applicants and locations for cigarette /tobacco sales permit. Dubuque Quick Stop Mart, 1401 Central Ave Friendly Locust Mart, 408 W Locust St Passed, approved and adopted this 2nd day of July, 2012. Ric W. Jones. Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk WP Investments, LLC — Acceptance of Deeds: City Attorney recommending the ac- ceptance of deeds for two properties on 16th Street from WP Investments, LLC related to the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 174 -12 Accepting the deed to certain real estate in Dubuque County, Iowa from WP Investments, LLC (East '/% of Lot 252); and Resolution No. 175 -12 Ac- cepting the deed to certain real estate in Dubuque County, Iowa from WP Investments, LLC ( Tracs 1,11 & III) were adopted. RESOLUTION NO. 174 -12 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM WP INVESTMENTS, LLC Whereas, the City of Dubuque entered into an Agreement with WP Investments, LLC for the purchase of the following described real prop- erty in Dubuque County, Iowa: East 1/2 of Lot 252 in East Dubuque No. 2, all in the City of Dubuque, Dubuque County, Iowa according to the recorded Plat therof Whereas, the terms of the Agreement have now been met. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The City of Dubuque hereby ac- cepts the Warranty Deed from WP Invest- ments, LLC attached hereto. Section 2. The City Clerk is hereby author- ized and directed to record this Resolution and the Warranty Deed with the Dubuque County Recorder. Passed, approved and adopted this 2nd day of July, 2012. Ric W. Jones. Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 175 -12 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM WP INVESTMENTS, LLC Whereas, the City of Dubuque entered into an Agreement with WP Investments, LLC for the purchase of the following described real property in Dubuque County, Iowa: Tract 1: The West half of Lot 252 in East Dubuque No. 2, in the City of Dubuque, Iowa according to the recorded plat thereof. Tract 11: Lot 253 in East Dubuque No. 2, an Addition in the City of Dubuque, Iowa, accord- ing to the recorded plat thereof. Tract III: Lot 254 in East Dubuque No. 2, an Addition in the City of Dubuque, Iowa, accord- ing to the recorded plat thereof. Whereas, the terms of the Agreement have now been met. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The City of Dubuque hereby ac- cepts the Warranty Deed from WP Invest- ments, LLC attached hereto. Section 2. The City Clerk is hereby author- ized and directed to record this Resolution and the Warranty Deed with the Dubuque County Recorder. Passed, approved and adopted this 2nd day of July, 2012. Ric W. Jones. Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk Book 142 Regular Session, July 2, 2012 201 ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the pub- lic hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Resnick. Motion carried 4 -0. Theisen Supply, Inc.: City Manager rec- ommending that a public hearing be re -set for July 16, 2012, to approve disposition of ap- proximately 5.7 acres in the Dubuque Industri- al Center West to Leo Theisen for the purpose of constructing an 80,000 square foot ware- house expansion. Upon motion the documents were received and filed and Resolution No. 176 -12 Resolution of Intent to dispose of an interest in City of Dubuque real estate and fixing the date for a public hearing of the City Council of The City Of Dubuque, Iowa on the proposed issuance of Urban Renewal Tax Increment Revenue Obligations and the exe- cution of a Development Agreement relating thereto with Leo A. Theisen and Theisen Sup- ply, Inc. and providing for the publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 16, 2012 in the Historic Federal Building. RESOLUTION NO. 176 -12 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE AND FIXING THE DATE FOR A PUBLIC HEAR- ING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX IN- CREMENT REVENUE OBLIGATIONS AND THE EXECUTION OF A DEVELOPMENT AGREEMENT RELATING THERETO WITH LEO A. THEISEN AND THEISEN SUPPLY, INC AND PROVIDING FOR THE PUBLICA- TION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property (the Property); and Lot 2 of 2 Dubuque Industrial Center West 5th Addition in the City of Dubuque, Iowa; and Whereas, City and Leo A. Theisen and Theisen Supply, Inc. have entered into a De- velopment Agreement, subject to the approval of the City Council, a copy of which is now on file at the Office of the City Clerk, City Hall, 13th and Central Avenue, Dubuque, Iowa, pur- suant to which City will convey the Property to Leo A. Theisen and Theisen Supply, Inc. as shown on Exhibit B attached hereto; and Whereas, the City Council has tentatively determined that it would be in the best inter- ests of the City to approve the Development Agreement, including the conveyance of the Property to Leo A. Theisen; and Whereas, it is deemed necessary and ad- visable that City should authorize Urban Re- newal Tax Increment Revenue obligations, as provided by Chapter 403 of the Code of Iowa, and to enter into the Development Agreement relating thereto for the purpose of carrying out an Urban Renewal Plan as hereinafter de- scribed; and Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and /or written objections from any resident or property owner of said City to such proposed action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the foregoing - described Property by Deed to Leo A. Theisen. Section 2. The City Clerk is hereby author- ized and directed to cause this Resolution 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 16h day of July, 2012, at 6:30 o'clock p.m. in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa. Section 3. The City Council will also meet at said time and place for the purpose of taking action on the matter of authorizing Urban Re- newal Tax Increment Revenue obligations and the execution of the Development Agreement relating thereto with Leo A. Theisen and Theisen Supply, Inc. the proceeds of which obligations will be used to carry out certain of the special financing activities described in the Urban Renewal Plan for the Dubuque Industri- al Center Economic Development District, consisting of the funding of economic devel- opments grants to Leo A. Theisen pursuant to the Development Agreement under the terms and conditions of said Urban Renewal Plan. It is expected that the aggregate amount of the Tax Increment Revenue obligations will be approximately $375,000. Section 4. The Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a newspaper, printed wholly in the English language, published at least once weekly, and having general circula- tion in said City, said publication to be not less than four days nor more than twenty days be- fore the date of said meeting on the issuance of said obligations. Section 5. That the notice of the proposed action to issue said obligations shall be in sub- stantially the form attached hereto. 202 Regular Session, July 2, 2012 Book 142 Passed, approved and adopted this god day of July, 2012. Ric W. Jones. Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk Annexation Request - C3 Investments: City Manager recommending that a public hearing be set for July 16, 2012 on the annexation request of C3 Investments Trust for 0.063 acres of property on the south side of the City of Dubuque adjacent to Timber -Hyrst Subdivi- sion. Upon motion the documents were re- ceived and filed and a public hearing was set for a meeting to commence at 6:30 p.m. on July 16, 2012 in the Historic Federal Building. Sewer Revenue Capital Loan Notes (Re- funding Water Revenue Capital Loan Notes Series 2010C): City Manager recommending that a public hearing be set for July 16, 2012 on the proposition of issuing not to exceed $3,058,000 in Clean Water State Revolving Fund Loan Notes to refund $3,058,000 Water Revenue Capital Loan Notes (Drinking Water State Revolving Loan Fund), Series 2010C for the City Wide Water Meter Replacement and Unmeasured Flow Reducer Installation Pro- ject. Upon motion the documents were re- ceived and filed and Resolution No. 177 -12 Fixing date for a meeting on the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $3,058,000 Sewer Revenue Capital Loan Notes of 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 July 16, 2012 in the Historic Federal Building. RESOLUTION NO. 177 -12 FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AND DIS- BURSEMENT AGREEMENT AND THE IS- SUANCE OF NOT TO EXCEED $3,058,000 SEWER REVENUE CAPITAL LOAN NOTES OF CITY OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NO- TICE THEREOF Whereas, it is deemed necessary and ad- visable that the City of Dubuque, Iowa should provide for the authorization of a Loan and Disbursement Agreement and the issuance of Sewer Revenue Capital Loan Notes, in the amount of not to exceed $3,058,000, as au- thorized by Sections 384.24A and 384.82, Code of Iowa, as amended, for the purpose of providing funds to pay costs as hereinafter described; and Whereas, the City has applied for a loan through the Iowa Water Pollution Control Works Financing Program pursuant to which the Iowa Finance Authority has agreed to pur- chase the City's Notes and has requested that such Notes be issued as a single Note in a denomination equal to the total amount of the issue as authorized by Chapter 384 Code of Iowa; and Whereas, the Loan and Disbursement Agreement and Note shall be payable solely and only out of the net earnings of the Munici- pal Sewer System and shall be a first lien on the future net earnings of the Utility; and shall not be general obligations of the City or paya- ble in any manner by taxation and the City shall be in no manner liable by reason of the failure of the net revenues to be sufficient for the payment of the Loan and Disbursement Agreement and Note; and Whereas, before a Loan and Disbursement Agreement may be authorized and Sewer Revenue Capital Loan Notes issued to evi- dence the obligation of the City thereunder, it is necessary to comply with the provisions of the City Code of Iowa, as amended, and to publish a notice of the proposal and of the time and place of the meeting at which the Council proposes to take action for the authorization of the Loan and Disbursement Agreement and Notes and to receive oral and /or written objec- tions from any resident or property owner of the City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this City Council meet in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at 6:30 P.M., on the 16th day of July, 2012, for the purpose of tak- ing action on the matter of the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $3,058,000 Sewer Revenue Capital Loan Notes to evidence the obligations of the City thereunder, the pro- ceeds of which will be used to provide funds to pay the costs of refunding outstanding water obligation indebtedness of the City, consisting of the Water Revenue Capital Loan Notes, Series 2010C, dated February 12, 2010 so that the net revenues of the Municipal Sewer Utility may be used to pay 50% of the costs associated with the acquisition and installation of a fixed radio network water meter system. 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, pub- lished at least once weekly, and having gen- eral circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of the Notes. Section 3. The notice of the proposed ac- tion shall be in substantially the following form: Book 142 Regular Session, July 2, 2012 203 NOTICE OF MEETING OF THE CITY OF DUBUQUE, IOWA ON THE MATTER OF THE PROPOSED AUTHORIZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $3,058,000 SEWER REVENUE CAPITAL LOAN NOTES, AND THE PUBLIC HEARING ON THE AUTHORIZATION AND ISSUANCE THEREOF Public notice is hereby given that the City Council of the City of Dubuque, Iowa, will hold a public hearing on the 16th day of July, 2012, at 6:30 P.M., in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at which meeting the City Council proposes to take ad- ditional action for the authorization of a Loan and Disbursement Agreement by and between the City and the Iowa Finance Authority, and the issuance to the Iowa Finance Authority of not to exceed $3,058,000 Sewer Revenue Capital Loan Notes to evidence the obligations of the City under said Loan and Disbursement Agreement, in order to provide funds to pay the costs of refunding outstanding water obli- gation indebtedness of the City, consisting of the Water Revenue Capital Loan Notes, Series 2010C, dated February 12, 2010 so that the net revenues of the Municipal Sewer Utility may be used to pay 50% of the costs associ- ated with the acquisition and installation of a fixed radio network water meter system. The Notes will not constitute general obligations or be payable in any manner by taxation, but will be payable from and secured by the net reve- nues of the Municipal Sewer System. At the above meeting the City Council shall receive oral or written objections from any res- ident or property owner of the City, to the above action. After all objections have been received and considered, the City Council will at this meeting or at any adjournment thereof, take additional action for the authorization of said Loan and Disbursement Agreement and the issuance of Notes or will abandon the pro- posal to issue the Notes. This Notice is given by order of the City Council of the City of Dubuque, Iowa, as pro- vided by Sections 384.24A and 384.83, as amended. Passed and approved this 2od day of July, 2012. Ric W. Jones. Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk Sewer Revenue Capital Loan Notes (State Revolving Fund Sponsored Project): City Manager recommending that a public hearing be set for July 16, 2012 on the proposition of issuing not to exceed $9,400,000 in Sewer Revenue Capital Loan Notes, (State Revolving Fund Sponsored Project). Upon motion the documents were received and filed and Reso- lution No. 178 -12 Fixing date for a meeting on the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $9,400,000 Sewer Revenue Capital Loan Notes 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 July 16, 2012 in the Historic Federal Building. RESOLUTION NO. 178 -12 FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AND DIS- BURSEMENT AGREEMENT AND THE IS- SUANCE OF NOT TO EXCEED $9,400,000 SEWER REVENUE CAPITAL LOAN NOTES OF THE CITY OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NO- TICE THEREOF Whereas, it is deemed necessary and ad- visable that the City of Dubuque, Iowa should provide for the authorization of a Loan and Disbursement Agreement and the issuance of Sewer Revenue Capital Loan Notes, in the amount of not to exceed $9,400,000, as au- thorized by Sections 384.24A and 384.83, Code of Iowa, as amended, for the purpose of providing funds to pay costs as hereinafter described; and Whereas, the City previously issued to the Iowa Finance Authority its $64,885,000 Sewer Revenue Capital Loan Notes, Series 2010E, dated August 18, 2010; and Whereas, Iowa Code section 384.82 per- mits the City to issue obligations secured by the net revenues of the sewer utility for pro- jects, the definition of which includes a "water resource restoration project "; and Whereas, the Iowa Finance Authority has a new program which makes additional loan funds available for qualified watershed pro- jects; and Whereas, the City has proposed its Bee Branch Watershed Green Infrastructure Pro- ject within the City limits for consideration as the pilot project under this new program, and is in the process of negotiating a 28E Agreement with the Dubuque Soil and Conservation Dis- trict for the purpose of administering water- shed projects; and Whereas, pending approval of the Bee Branch Watershed Green Infrastructure Pro- ject, the City would seek to amend the Loan and Disbursement Agreement with Iowa Fi- nance Authority for its Series 2010E Notes; and Whereas, the City has applied for a loan through the Iowa Water Pollution Control Works Financing Program pursuant to which the Iowa Finance Authority has agreed to pur- chase the City's Notes and has requested that such Notes be issued as a single Note in a denomination equal to the total amount of the 204 Regular Session, July 2, 2012 Book 142 issue as authorized by Chapter 384 Code of Iowa; and Whereas, the Loan and Disbursement Agreement and Note shall be payable solely and only out of the net earnings of the Munici- pal Sewer System and shall be a first lien on the future net earnings of the Utility; and shall not be general obligations of the City or paya- ble in any manner by taxation and the City shall be in no manner liable by reason of the failure of the net revenues to be sufficient for the payment of the Loan and Disbursement Agreement and Note; and Whereas, before a Loan and Disbursement Agreement may be authorized and Sewer Revenue Capital Loan Notes issued to evi- dence the obligation of the City thereunder, it is necessary to comply with the provisions of the City Code of Iowa, as amended, and to publish a notice of the proposal and of the time and place of the meeting at which the Council proposes to take action for the authorization of the Loan and Disbursement Agreement and Notes and to receive oral and /or written objec- tions from any resident or property owner of the City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this City Council meet in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at 6:30 P.M., on the 16th day of July, 2012, for the purpose of tak- ing action on the matter of the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $9,400,000 Sewer Revenue Capital Loan Notes to evidence the obligations of the City thereunder, the pro- ceeds of which will be used to provide funds to pay the costs associated with the Bee Branch Watershed Green Infrastructure Project, in- cluding the construction and installation of permeable interlocking concrete pavement at approximately 42 alley and parking lot loca- tions in the Bee Branch Watershed. 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, pub- lished at least once weekly, and having gen- eral circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of the Notes. Section 3. The notice of the proposed ac- tion shall be in substantially the following form: NOTICE OF MEETING OF THE CITY OF DUBUQUE, IOWA ON THE MATTER OF THE PROPOSED AUTHORIZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $9,400,000 SEWER REVENUE CAPITAL LOAN NOTES, AND THE PUBLIC HEARING ON THE AUTHORIZATION AND ISSUANCE THEREOF Public notice is hereby given that the City Council of the City of Dubuque, Iowa, will hold a public hearing on the 16th day of July, 2012, at 6:30 P.M., in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at which meeting the City Council proposes to take ad- ditional action for the authorization of a Loan and Disbursement Agreement by and between the City and the Iowa Finance Authority, and the issuance to the Iowa Finance Authority of not to exceed $9,400,000 Sewer Revenue Capital Loan Notes to evidence the obligations of the City under said Loan and Disbursement Agreement, in order to provide funds to pay the costs associated with the Bee Branch Wa- tershed Green Infrastructure Project, including the construction and installation of permeable interlocking concrete pavement at approxi- mately 42 alley and parking lot locations in the Bee Branch Watershed. The Notes will not constitute general obligations or be payable in any manner by taxation, but will be payable from and secured by the net revenues of the Municipal Sewer System. The proposed Notes, if and when issued, will be combined with the outstanding Sewer Revenue Capital Loan Notes, Series 2010E, under a single loan agreement with the Iowa Finance Authority. At the above meeting the City Council shall receive oral or written objections from any res- ident or property owner of the City, to the above action. After all objections have been received and considered, the City Council will at this meeting or at any adjournment thereof, take additional action for the authorization of said Loan and Disbursement Agreement and the issuance of Notes or will abandon the pro- posal to issue the Notes. This Notice is given by order of the City Council of the City of Dubuque, Iowa, as pro- vided by Sections 384.24A and 384.83, as amended. Passed and approved this 2od day of July, 2012. Ric W. Jones. Mayor Pro -Tem 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: Building Code Boards of Appeals: Two 3- year terms through August 1, 2015 (Expiring at -large term of Luchsinger and ADA term of Cruise). Applicants: Marla Cruise, 905 Rock- dale Road (ADA Representative); and Richard Luchsinger, 2875 Brueck Road (At- Large) Book 142 Regular Session, July 2, 2012 205 Zoning Board of Adjustment: One 5 -year term through March 25, 2017 (Expiring term of Gibbs). Applicant: William J. Gibbs, 440 S. Grandview Avenue. PUBLIC HEARINGS Upon motion the rules were suspended al- lowing anyone present to address the City Council. Holliday Third Addition - Vacate of Sanitary Sewer: Proof of publication on notice of public hearing to consider request from James Kaune of IIW, PC requesting the vacating of a sani- tary sewer easement in the Holliday Third Ad- dition and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 179- 12 Disposing of City interest in a sanitary sew- er easement over and across Lot 7 and Lot 2 of 8 in Holliday Third Addition in the City of Dubuque, Dubuque County, Iowa; and Resolu- tion No. 180 -12 Release of sanitary sewer easement over and across Lot 7 and Lot 2 of 8 in Holliday Third Addition in the City of Dubu- que, Dubuque County, Iowa. Seconded by Braig. Motion carried 4 -0. RESOLUTION NO. 179 -12 DISPOSING OF CITY INTEREST IN A SANI- TARY SEWER EASEMENT OVER AND ACROSS LOT 7 AND LOT 2 OF 8 IN HOL- LIDAY THIRD ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and pub- lished notice of time and place of hearing, pub- lished in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 22nd day of June, 2012, the City Council of the City of Dubuque, Iowa met on the 2nd day of July, 2012, at 6:30 p.m. in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, to consider the dispos- al of City interest in a sanitary sewer easement over and across real estate described as: Lot 7 and Lot 2 of 8 of Holliday Third Addi- tion in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written, to the proposal to dispose of City interest in said easement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the release of City of Dubuque interest in a sanitary sewer ease- ment over and across real property described as Lot 7 and Lot 2 of 8 of Holliday Third Addi- tion in the City of Dubuque, Dubuque County, Iowa, to WBBW Holliday Development, LLC be and the same is hereby approved for the cost of publication and filing fees. Section 2. That the Mayor be authorized and directed to execute a Release of Sanitary Sewer Easement, and the City Clerk be and is hereby authorized and directed to deliver said Release to WBBW Holliday Development, LLC upon receipt of the publication and filing fees. Section 3. 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 Recorder and Dubuque County Auditor. Passed, approved and adopted this 2od day of July, 2012. Ric W. Jones. Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 180 -12 RELEASE OF SANITARY SEWER EASE- MENT OVER AND ACROSS LOT 7 AND LOT 2 OF 8 IN HOLLIDAY THIRD ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, the plat of Holliday Third Addi- tion in the City of Dubuque, Iowa, was filed in the office of the Recorder of Dubuque County, Iowa, as File No. 10797 -04; and Whereas, by said plat, the proprietors indi- cated that the sanitary sewer easements across Lots 7 and 8 of Holliday Third Addition is to be vacated upon the extension of Holliday Drive and final acceptance of the public im- provements set forth on said Final Plat and improvement plans; and Whereas, the City Council accepted said improvements in Holliday Third Addition on June 18, 2012, by Resolution No. 157 -12. NOW, THEREFORE, for valuable consid- eration, the undersigned, City of Dubuque, Iowa does hereby forever release, vacate, abandon, and discharge the sanitary sewer easement over and across Lot 7 and Lot 2 of 8 of Holliday Third Addition in the City of Dubu- que, Iowa, as shown on plats recorded as File Nos. 10797 -04 and 10877 -04 in the office of the Dubuque County Recorder, to WBBW Hol- liday Development, LLC; however, this Re- lease in no way releases, vacates, abandons, or discharges any other easement shown on the Final Plat of Holliday Third Addition in the City of Dubuque, Iowa, filed in the office of the Recorder of Dubuque County, Iowa, as File No. 10797 -04. Passed, approved and adopted this 2nd day of July, 2012. Ric W. Jones. Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk Holliday Third Addition - Vacate of Storm Sewer Easement: Proof of publication on no- tice of public hearing to consider a request from Nick Lange of Buesing & Associates for 206 Regular Session, July 2, 2012 Book 142 the vacating and relocation of a storm sewer easement in the Holliday Third Addition and the City Manager recommending approval. Motion by Braig to receive and file the docu- ments and adopt Resolution No. 181 -12 Ap- proving plat of storm sewer easement; Resolu- tion No. 182 -12 Disposing of City interest in a storm sewer easement on Lot 1 of Holliday Third Addition in the City of Dubuque, Dubu- que County, Iowa; and Resolution No. 183 -12 Release of storm sewer easement over Lot 1 Holliday Third Addition in the City of Dubuque, Dubuque County, Iowa. Seconded by Resnick. Motion carried 4 -0. RESOLUTION NO. 181 -12 APPROVING PLAT OF STORM SEWER EASEMENT Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated May 24, 2012 prepared by Buesing and Associates, Inc., describing the proposed vacating and dedication of a storm sewer easement on Lot 1 of Holliday Third Addition in the City of Dubuque, Dubuque County, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated May 24, 2012 prepared by Buesing and Associates, Inc. relative to the real estate hereinabove described be and the same is hereby ap- proved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 2nd day of July, 2012. Ric W. Jones. Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 182 -12 DISPOSING OF CITY INTEREST IN A STORM SEWER EASEMENT ON LOT 1 OF HOLLIDAY THIRD ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and pub- lished notice of time and place of hearing, pub- lished in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 22nd day of June, 2012, the City Council of the City of Dubuque, Iowa met on the 2nd day of July, 2012, at 6:30 p.m. in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, to consider the dispos- al of City interest in a storm sewer easement over and across real estate described as: Lot 1 of Holliday Third Addition in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the proposal to dispose of City interest in said easement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the release of City of Dubuque interest in a storm sewer easement over and across real property described as Lot 1 of Holliday Third Addition in the City of Dubuque, Dubuque County, Iowa, to Gomer Holliday Development, LLC be and the same is hereby approved for the cost of publication and filing fees, with the owner agreeing to pay the cost to relocate the storm sewer as shown on an approved site plan. Section 2. That the Mayor be authorized and directed to execute a Release of Storm Sewer Easement, and the City Clerk be and is hereby authorized and directed to deliver said Release to Gomer Holliday Development, LLC upon receipt of the publication and filing fees and relocation of the storm sewer. Section 3. 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 Recorder and Dubuque County Auditor. Passed, approved and adopted this 2od day of July, 2012. Ric W. Jones. Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 183 -12 RELEASE OF STORM SEWER EASEMENT OVER LOT 1 HOLLIDAY THIRD ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, the plat of Holliday Third Addi- tion in the City of Dubuque, Iowa, was filed in the office of the Recorder of Dubuque County, Iowa, as File No. 10797 -04; and Whereas, the Developer of the Lot 1 of Holliday Third Addition, Gomer Holliday De- velopment, LLC, has agreed to relocate an existing storm sewer located thereon; and Whereas, the storm sewer easement des- ignated on said Lot 1 will no longer be required after said relocation. NOW, THEREFORE, for valuable consid- eration, the undersigned, City of Dubuque, Iowa does hereby forever release, vacate, abandon, and discharge the storm sewer easement over Lot 1 Holliday Third Addition in the City of Dubuque, Iowa, as shown on the final plat of Holliday Third Addition recorded as Book 142 Regular Session, July 2, 2012 207 File No. 10797 -04 in the office of the Dubuque County Recorder, to Gomer Holliday Devel- opment, LLC; however, this Release in no way releases, vacates, abandons, or discharges any other easement shown on the Final Plat of Holliday Third Addition in the City of Dubuque, Iowa, filed in the office of the Recorder of Dubuque County, Iowa, as File No. 10797 -04. Passed, approved and adopted this god day of July, 2012. Ric W. Jones. Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk North End Trail Lighting Project: Proof of publication on notice of public hearing to ap- prove the plans and specifications, estimated cost and form of contract for the North End Trial Lighting Project and the City Manager recommending approval. Motion by Braig to receive and file the documents and adopt Resolution No. 184 -12 Approval of plans and specifications, form of contract and estimated cost for the North End Neighborhood Trial Lighting Project. Seconded by Resnick. Lei- sure Services Manager Marie Ware provided a description of the lighting stating that it per- tained to the City portion of the off - street sec- tion of the trail. Motion carried 4 -0. RESOLUTION NO. 184 -12 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE NORTH END NEIGHBOR- HOOD TRAIL LIGHTING PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the North End Neighborhood Trail Lighting Project, in the estimated amount $145,000 are hereby approved. Passed, adopted and approved this 2nd day of July, 2012. Ric W. Jones. Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated lim- iting discussion to the City Council. ACTION ITEMS Request for Closed Session: City Manager requesting a closed session for Monday, July 16, at 5:30 p.m. to discuss legal matters and rescheduling the tour of the Water & Resource Recovery Center that was scheduled for July 16, to Monday, August 20, at 4:30 p.m. Motion by Lynch to receive and file the documents and set the closed session as requested. Se- conded by Resnick. Motion carried 4 -0. COUNCIL MEMBER REPORTS Council Member Resnick made special note of the Alda Kaufman exhibit at the Dubu- que Museum of Art and the dedicated Dragon Boat team, which he experienced at the recent Water Trail ribbon cutting. There being no further business, upon mo- tion the City Council adjourned at 6:43 p.m. /s/Kevin S. Firnstahl City Clerk 208 Special & Regular Session, July 16, 2012 Book 142 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:30 p.m. on July 16, 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 special session of the City Council called for the purpose of conducting a closed session pursuant to Chapter 21.5(1)(c)(11(i) of the Code of Iowa. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 5:31 p.m. to discuss pending litigation, property acquisition, and professional evalua- tion pursuant to Chapter 21.5(1)(c)(j)(i) of the Code of Iowa. Seconded by Resnick. Motion carried 7 -0. Upon motion the City Council reconvened in open session at 6:16 p.m. stating that staff had been given proper direction. There being no further business, Resnick motioned to adjourn at 6:17 p.m. Seconded by Lynch. Motion carried 7 -0. /s/Trish L. Gleason Assistant City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on July 16, 2012 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut- ton; City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the Council. PLEDGE OF ALLEGIANCE MOMENT OF SILENCE PROCLAMATION(S) Dubuque County Fair Week (July 24 -29, 2012) was accepted by Jeff Avenarius of the Dubuque County Fair Association. Responsible Gaming Education Week (Ju- ly 30- August 3, 2012) was accepted by Joey Anderson of the Mystique Casino and Carrie Tedore of the Diamond Jo Casino. PRESENTATION(S) Iowa Department of Natural Resources - Certificate of Appreciation: Planning Services Manager Laura Carstens presented a Certifi- cate of Appreciation from the IDNR in recogni- tion of the City's application to the Governor's Iowa Environmental Excellence Award. Dubuque Water Trail - Certificate of Desig- nation: Planning Services Manager Laura Car- stens presented a Certificate of Designation from the Iowa Department of Natural Re- sources in recognition of the Dubuque Water Trail. 2013 Arts and Culture Grants Presentation: Mayor Buol awarded the 2012 Arts and Cul- ture Operating Support and Special Projects Grants to representatives of the Dubuque Mu- seum of Art, Dubuque Symphony Orchestra, Dubuque Chorale, Dubuque Historical Society, Dubuque Main Street, Bell Tower Productions, Colts Drum and Bugle Corps, Grand Opera House, and the Dubuque Alt Center. Book 142 Regular Session, July 16, 2012 209 CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispo- seof as indicated. Seconded by Resnick. Mo- tion carried 7 -0. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 5/22, City Conference Board of 3/5 and 6/21, City Council proceedings of 6/27 and 7/2, Civil Ser- vice Commission of 7/3, Community Develop- ment Advisory Commission of 6/20, Historic Preservation Commission of 6/21, Library Board of Trustees of 5/24 and 6/14, Library Board of Trustees Update of 6/28, Safe Com- munity Advisory Committee of 5/9, Zoning Board of Adjustment of 6/28, Proof of publica- tion for City Council proceedings of 6/18. Upon motion the documents were received and filed. Notice of Claims and Suits: Suit by Allied Property and Casualty on behalf of Gregory and Miriam Kenning for vehicle damage, Joel Petsch for property damage. Upon motion the documents were received, filed and referred to the City Attorney. Disposition of Claims: City Attorney advis- ing that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Joel Petsch for property damage. Upon motion the documents were received, filed and concurred. 2012 Governor's Individual Volunteer Award: City Attorney transmitting correspond- ence from Governor Branstad and Lt. Gover- nor Reynolds informing the City that Assistant City Attorney Crenna Brumwell -Sahm has re- ceived the 2012 Individual Governor's Volun- teer Award by Big Brothers Big Sisters of Eastern Iowa for outstanding commitment and service. Upon motion the document was re- ceived and filed. Iowa Department of Public Health: City Manager transmitting correspondence from the Association of State and Territorial Dental Di- rectors informing the City that it has received the 2011 Community Fluoridation Reaffirma- tion Award on behalf of the American Dental Association and the Centers for Disease Con- trol. Upon motion the document was received and filed. Iowa League of Cities: City Manager transmitting correspondence from Iowa League of Cities Executive Director Alan Kemp informing the City that Dubuque City Assessor Rick Engelken has been appointed as a repre- sentative to the League's Property Assess- ment Appeal Board of Review Committee. Upon motion the document was received and filed. Civil Service Commission: Civil Service Commission submitting the certified lists of candidates for the positions of Police Officer and Water & Resource Recovery Center Plant Operator. Upon motion the documents were received, filed and made a Matter of Record. July 3, 2012 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Police Officer was administered on April 14, 2012. We hereby certify that the individuals listed below have passed this written examina- tion and the vacancy for this position should be made from this list and that this list is good until April 30, 2013. Police Officer Mark Bingamon Justin Schaefer Joshua Fortney Alexis Ramirez Thomas Ammon Paul Heitman Kane Hoffman Keith Rowatt Michael Herrig Cale Loewen. Courtney Beckman Alexander Rink Timothy Grove William Juergens Clinton Faust Jerzy Wolyniec Justin King Nicara Eyman Brent Miller Troy West Ryan Corcoran Michael Parker Rhonda Boesenberg Nathan Goedken Mark Butcher Jonathan O'Sullivan Rebecca Shady Tyler Mihalakis Paul Scully David Lowe Robert Patton Megan Mussomeli Billy Dieujuste Kyle McGivney Richard Hatcher Matthew Broders Jeremy Vondal Matthew Grube Jwan Brookins Joshua Warren Respectfully Submitted, Daniel White, Chairperson Betty Takes Civil Service Commission July 3, 2012 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Water Resource Recovery Center Plant Operator was administered on May 29, 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. 210 Regular Session, July 16, 2012 Book 142 Water & Resource Recovery Center Plant Operator Steven Gerardy Steven Horch Shayne Henry Kyle Christina Brian Cluff Larry Hoppman Greg Schuckert Timothy Goranson Robert Liddle Tom Splinter Jeffrey Birch Rodney Weires Nicholas Hodson Andrew Pettigout Justin Licht Jay Valentine Dave Hanson Rich Glover Patrick Walsh Edward Hansen Gerald Miller Shannon Clark Scott Nauman John Greenwood Michael Halbur Brian Cue Joe Frederick Respectfully Submitted, Daniel White, Chairperson Betty Takes Civil Service Commission Central Avenue HMA Resurfacing - Project Acceptance: City Manager recommending acceptance of the construction contract for the Central Avenue HMA Resurfacing Project, from 21st to 32od Street, as completed by River City Paving, a Division of Mathy Construction Company. Upon motion the documents were received and filed and Resolution No. 185 -12 Accepting the Central Avenue HMA Resurfac- ing Project, from 21st to 32nd Street, Iowa DOT Project No. STPN- 052 - 2(106)- -2j -31 and au- thorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 185 -12 ACCEPTING THE CENTRAL AVENUE HMA RESURFACING PROJECT, FROM 21DT TO 32ND STREET, IOWA DOT PROJECT NO. STPN- 052- 2(106) -2J -31 AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Central Avenue HMA Resurfacing Pro- ject, from 21st to 32nd Street, Iowa DOT Project No. STPN- 052 - 2(106) -2J -31 (the Project) has been completed and the City Engineer has examined the work and filed a certificate stat- ing that the Project has been completed ac- cording to the terms of the Public Improvement Contract and that the City Engineer recom- mends 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 Cen- tral Avenue Pavement Rehabilitation (CIP 3002248), General Storm Sewer (CIP 7101289), General Sanitary Sewer (CIP 7201066) appropriation for the contract amount of $1,202,047.31 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such re- tainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 16th day of July, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Human Rights Commission: Commissioner Mitzi Krey submitting her resignation from the Human Rights Commission due to familial obligations. Upon motion the document was received, filed and the resignation accepted. Federal Emergency Management Agency (FEMA): Correspondence from the Federal Emergency Management Agency (FEMA) re- garding the City's non - technical comments and requested changes to the Preliminary Flood Insurance Rate Map (FIRM) and Preliminary Flood Insurance Study (FIS) of May 4, 2012. Upon motion the documents were received and filed. Final Plat - Sky Blue Estates: City Manager recommending approval of the final plat of Sky Blue Estates, subject to waiving the street pav- ing width and right -of -way width for Golden Eagle Drive, Cobalt Court and Zephyr Drive. Upon motion the documents were received and filed and Resolution No. 186 -12 Authoriz- ing approval of the Final Plat of Sky Blue Es- tates in the City of Dubuque, Iowa, was adopt- ed. RESOLUTION NO. 186 -12 AUTHORIZING APPROVAL OF THE FINAL PLAT OF SKY BLUE ESTATES IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Sky Blue Estates in the City of Dubuque, Iowa; and Whereas, upon said final plat appear streets to be known as Golden Eagle Drive (Lot B), Cobalt Court (Lot C), Zephyr Drive (Lot D) and Sky Blue Drive (Lot E) together with certain public utility, storm sewer and water main easements, which the owner by said final plat has dedicated to the public forever; and Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and its approval has been endorsed thereon; and Whereas, said final plat has been reviewed by the City Planner and her approval has been endorsed thereon, subject to the owner's agreeing to the conditions specified herein; and Book 142 Regular Session, July 16, 2012 211 Whereas, said final plat has been exam- ined by the City Council and the City Council find the final plat conforms to the applicable statutes and ordinances, except that streets and public utilities have not yet been complete- ly constructed or installed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Golden Eagle Drive (Lot B), Cobalt Court (Lot C), Zephyr Drive (Lot D) and Sky Blue Drive (Lot E) and the easements for public utilities, storm sewer and water mains, as they appear on said final plat, be and the same are hereby accepted; and Section 2. That the Final Plat of Sky Blue Estates is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubu- que, Iowa, upon said final plat, provided the owners of said property herein named, exe- cute their written acceptance of the attached conditions and further agree: (a) To reduce Golden Eagle Drive (Lot B), Cobalt Court (Lot C), Zephyr Drive (Lot D) and Sky Blue Drive (Lot E) to grade and to construct longitudinal sub - drain, concrete curb and gutter with asphaltic concrete pavement or with Portland Cement con- crete pavement with integral curb, all in ac- cordance with the City of Dubuque stand- ard specifications in a manner acceptable to the City Engineer, in conformance with construction improvement plans approved by the City Engineer, and inspected and approved by the City Engineer. (b) To install sanitary sewer mains and sewer service laterals into each individual lot, water mains and water service laterals into each individual lot, storm sewers and catch basins, boulevard street lighting, fi- ber optic conduit, and erosion control de- vices all in accordance with the City of Dubuque standard specifications in a man- ner acceptable to the City Engineer, and in accordance with construction improvement plans approved by the City Engineer, and inspected and approved by the City Engi- neer. (c) To construct accessible sidewalk ramps at each intersection in accordance with City of Dubuque Standards and Specifica- tions. (d) To construct the improvements outlined in (a) and (b) above within two years from the date of acceptance of this resolution, at the sole expense of the owners, or future owner. (e) To maintain the improvements outlined in (a) and (b) above for a period of two (2) years from the date of the acceptance of those improvements by the City Council of the City of Dubuque, Iowa, at the sole final expense of the owners, or future owner; (f) To provide security for the performance of the foregoing conditions specified in this Section in such form and with such sure- ties as may be acceptable to the City Man- ager of the City of Dubuque, Iowa. Section 3. That sidewalk installation shall be the responsibility of each lot owner for each lot abutting the public rights -of -way, including lots with multiple frontages, as required by City Code Chapter 10 -1 -2 (Sidewalk Installation and Repair). Section 4. That the owner must construct and maintain erosion control devices in Sky Blue Estates which control erosion and pre- vent sediment from leaving the site.The owner shall also be responsible for maintenance of the detention facility located on Lot G of Eagle Valley Subdivision until 80% of the lots shown on the preliminary plat of in Sky Blue Estates, which drain into said detention facility, have been fully developed and adequate erosion control measures, as approved by the City Engineer, have been installed on the remain- ing 20% of said lots. Until the above 80% of lots are developed, maintenance of the deten- tion facilities in Lot G Eagle Valley Subdivision shall include the removal of sediment and oth- er debris caused by construction activities in Sky Blue Estates and reshaping and reseeding of the disturbed areas. After said 80% lots are developed, inspection, administration, and maintenance expenses incurred by the City of Dubuque for the storm water detention facility on Lot G of Eagle Valley Subdivision shall be assessed against the property owners, except the City of Dubuque, in Eagle Valley Subdivi- sion and Sky Blue Estates as indicated on the preliminary plats thereof, in equal amounts. The City Manager shall certify such costs to the City Clerk, who in turn shall promptly certi- fy such costs to the Dubuque County Treasur- er, and such costs shall then be collected with and in the same manner as general property taxes in accordance with provisions of law. Section 5. That the planting of street trees shall be coordinated with the City Forester. Any trees planted within the street right -of -way must be chosen and planted by the City of Dubuque Leisure Services Department at the developer's expense. Section 6. That the final acceptance of the public improvements shall only occur upon certification of the City Engineer to the City Council that the public improvements have been completed in accordance with the ap- proved improvement plans and City standards and specifications and accepted by City Coun- cil Resolution. Section 7. That in the event EKM, LLC fails to execute the acceptance and furnish the guarantees provided hereof within 180 days 212 Regular Session, July 16, 2012 Book 142 after the date of this Resolution, the provisions hereof shall be null and void and the ac- ceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopted this 16th day of July, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk North End Neighborhood Trail Lighting - Project Award: City Manager recommending award of the contract for the North End Neigh- borhood Trail Lighting Project to the low bid- der, A & G Electric. Upon motion the docu- ments were received and filed and Resolution No. 187 -12 Award of contract (North End Neighborhood Trail Lighting Project) was adopted. RESOLUTION NO. 187 -12 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the North End Neighborhood Trail Lighting Project pursuant to Resolution No. 184 -12, and notice to bid- ders published in a newspaper published in the City of Dubuque, Iowa, on the 22od day of June, 2012. Whereas, said sealed proposals were opened and read on the 5th day of July, 2012, and it has been determined that the bid of A & G Electric in the amount of $63,145.93 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improve- ment be awarded to A & G Electric, and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to re- turn the bid deposits of the unsuccessful bid- ders. Passed, approved and adopted this 16th day of July, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Citizen Correspondence: Correspondence from Barbara Nyheim regarding her concerns about working conditions at Sutton and Flora Pool concession stands. Upon motion the document was received, filed and refer to the City Manager. Mediacom All- Digital Conversion: Corre- spondence from Lee Grassley, Senior Manag- er of Government Relations for Mediacom Communications Company, informing the City of the two -phase conversion of channels in the Family Tier from analog to an all- digital signal during the month of August. Upon motion the document was received and filed. Eagle Valley Subdivision - Acceptance of Stormwater Detention Facilities: City Manager recommending acceptance of the storm water detention facilities and Lot G of Eagle Valley Subdivision. Upon motion the documents were received and filed and Resolution No.188 -12 Accepting stormwater detention facilities and Lot G in Eagle Valley Subdivision in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 188 -12 ACCEPTING STORMWATER DETENTION FACILITIES AND LOT G IN EAGLE VALLEY SUBDIVISION IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to 434 -05, 479 -04, and 293 -03, certain public improvements including stormwater detention facilities were installed by the developer of Eagle Valley Subdivision in the City of Dubuque, Iowa; and Whereas, the stormwater detention facili- ties have been completed and the City Manger has examined the work and has filed a certifi- cate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Coun- cil; and Whereas, Lot G of the Final Plat of Eagle Valley Subdivision was dedicated to the public for the construction of storm water detention facilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said stormwater detention facilities, in Eagle Valley Subdivision in the City of Dubuque, Iowa, be and the same is hereby accepted. Section 2. That the dedication of Lot G of the Final Plat of Eagle Valley Subdivision is hereby accepted. Section 3. That maintenance of said im- provements shall be the responsibility of the City and assessable to the property owners as outlined in Resolution Nos. 434 -05, 479 -04, 293 -03. Passed, approved and adopted this 16th day of July, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Book 142 Regular Session, July 16, 2012 213 Harlan Street Sanitary Sewer Reconstruc- tion - Project Acceptance: City Manager rec- ommending acceptance of the construction contract for the Harlan Street Sanitary Sewer Reconstruction Project, as completed by Drew Cook & Sons. Upon motion the documents were received and filed and Resolution No. 189 -12 Accepting the Harlan Street Sanitary Sewer Reconstruction Project and authorizing the payment of the contract amount to the con- tractor was adopted. RESOLUTION NO. 189 -12 ACCEPTING THE HARLAN STREET SANI- TARY SEWER RECONSTRUCTION PRO- JECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Harlan Street Sanitary Sewer Recon- struction Project (the Project) has been com- pleted and the City Engineer has examined the work and filed a certificate stating that the Pro- ject has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the General Sanitary Sewer Repairs appropriation for the contract amount of $19,918.50 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provi- sions of Iowa Code chapter 573. Passed, approved and adopted this 16th day of July, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Permeable Paver Street in North Fork Trails - Project Acceptance: City Manager rec- ommending approval of a resolution amend- ing, with conditions, Resolution 1 -10 accepting the maintenance responsibility for the permea- ble pavement street improvements in North Fork Trails - Lots 10 -18 and Lots A and B by waiving the requirement of the developer to maintain the streets until 80 percent of the lots are developed. Upon motion the documents were received and filed and Resolution No. 190 -12 Amending Resolution No. 1 -10 which established conditions of acceptance of public improvements In North Fork Trails - Lots 10 through 18 and Lots A and B was adopted. RESOLUTION NO. 190 -12 AMENDING RESOLUTION NO. 1 -10 WHICH ESTABLISHED CONDITIONS OF AC- CEPTANCE OF PUBLIC IMPROVEMENTS IN NORTH FORK TRAILS — LOTS 10 THROUGH 18 AND LOTS A AND B Whereas, pursuant to Resolution 135 -09, certain public improvements including street paving with curb and gutter, sanitary sewer, watermain, storm sewer, catch basins, storm - water detention, and street lighting were in- stalled by the developer of North Fork Trails — Lots 10 through 18 and Lots A and B; and Whereas, said improvements were accept- ed by the City Council on January 4, 2010 by Resolution No. 1 -10; and Whereas, Section 3 of said Resolution stated: Street maintenance, except for snow re- moval and deicing, shall be the responsibility of the owner, 4 -ALL, LLC until 80% (7 lots) of the lots are improved. Maintenance by the owner will consist of routine inspections, sweeping and /or vacuuming any sediment from the void area or subgrade, adding mate- rial to the void area as necessary. The street maintenance shall also include the removal and replacement of pavers, as necessary, to maintain the design gradient and design cross section of the street; and Whereas, modifications to the require- ments for maintenance of the permeable streets have been requested by the developer, 4 -ALL, LLC; and Whereas the City Engineer has examined, observed and inspected said street construc- tion and has found no deformation or deterio- ration in the permeable street construction; and Whereas the developer and all owners of lots in the subdivision have agreed to the con- ditions stated herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the requirements of Sec- tion 3 of Resolution No.1 -10 adopted January 4, 2010, are hereby waived subject to the owners of the lots therein and developer agreeing to the following conditions: That suit- able methods shall be used to prevent erosion and the deposit of soil onto the existing per- meable paver road in North Fork Trails. It is the lot owner's responsibility to install and maintain the necessary controls to prevent soil from the property that is under his control from getting onto the permeable paver road. The lot owner will be responsible for the removal and associated costs of any soil from the permea- ble paver road or any other public way that is a result of construction that they contracted for or are in control of on their lot. 214 Regular Session, July 16, 2012 Book 142 Section 2. That upon the City's acceptance of the public permeable pavement street im- provements, maintenance expenses, consist- ing of sweeping and /or vacuuming any dirt, mud, sediment or other debris from the sur- face, void area or subgrade, and adding mate- rial to the void area as necessary, incurred by the City of Dubuque for the permeable streets due to the lack of compliance by the lot own - er(s) with Section 1.1) above, shall be as- sessed against the non - compliant lot(s) in all phases of North Fork Trails. The City Manager shall certify such costs to the City Clerk, who in turn shall promptly certify such costs to the Dubuque County Treasurer, and such costs shall then be collected with and in the same manner as general property taxes in accord- ance with provisions of law. Passed, approved and adopted this 16th day of July, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Addition of Bus Operator and Dispatch Po- sitions: City Manager recommending approval to hire six additional PTE Bus Operator posi- tions and one PTE Dispatch position to ac- commodate the two new bus routes and the reduction in hours from several current staff voluntarily reducing their hours. Upon motion the documents were received, filed, and ap- proved. Thirty -Inch Forcemain from 12th Street to 7th Street - Design Consultant: City Manager recommending the selection of IIW, PC. for consultant services to design the entire force main relocation from 7th Street to 12th Street. Upon motion the documents were received, filed, and approved. Dubuque County Community Assistant Team (CPAT) Project Update: City Manager transmitting an update on Dubuque County's Community Planning Assistance Team (CPAT) Project. Upon motion the documents were received and filed. Flood Damaged Properties - Demolition Bid Specifications: City Manager recommend- ing approval of the bid specifications and demolition agreement to allow for the demoli- tion of flood damages properties at 1580 Old Mill Road, 1658 Manson Road, and 1654 Manson Road. Upon motion the documents were received, filed, and approved. Cities of Service Grant - Letter of Intent: City Manager transmitting a Letter of Intent to apply for the Cities of Service Grant to imple- ment the High Impact Service Plan. Upon mo- tion the documents were received, filed, and approved. Wireless Bicycle and Pedestrian Counters for Bike /Hike Trails - STP Grant Application: City Manager transmitting a Letter of Support to Brian Preston, Director of the Dubuque County Conservation Board, in support of the STP grant application to the Regional Planning Authority (RPA) to purchase seven wireless bicycle /pedestrian counters for bike /hike trails. Upon motion the documents were received, filed, and approved. City Manager Employment Agreement - 21st Amendment: Submittal of the 21st Amendment to the City Manager's Employ- ment Agreement for approval. Upon motion the document was received, filed, and ap- proved. Improvement Contracts / Performance, Payment and Maintenance Bonds: Contract with Selco, Inc. for the 2012 Pavement Mark- ing Project, contract with Klauer Construction Company for the Carnegie -Stout Public Library Painting 2012 Project. Upon motion the docu- ments were received and filed. Signed Contracts: Consulting Agreement with Green Dubuque, Lease Agreement with Dubuque County Juvenile Services, Lease Agreement with Dubuque County Medical Ex- aminer. Upon motion the documents were received and filed. Alcohol License Applications: City Manager recommending approval of annual liquor, beer, and wine licenses applications as submitted. Upon motion the documents were received and filed and Resolution No. 191 -12 Approving applications for beer, liquor, and /or wine per- mits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Reg- ulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 191 -12 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND /OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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 approved; and Whereas, the premises to be occupied by such applicants were inspected and found to Book 142 Regular Session, July 16, 2012 215 comply with the Ordinances of the City and the applicants have filed the proper fees and bonds and otherwise complied with the re- quirements 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 author- ized and directed to cause to be issued the following named applicants and permit types. RENEWALS Applebee's Grill and Bar, 1395 Associates Dr., Class C Liquor (Sunday) Casey's General Store #2420, 2699 Rock- dale, Class E Liquor, Class B Native Wine, Class B Beer (Sunday) Casey's General Store #2421, 4003 Pero Rd., Class E Liquor, Class B Native Wine, Class B Beer (Sunday) Knicker's Saloon, 2186 Central Ave, Class C Liquor (Outdoor) (Sunday) Road Ranger #159, 2175 Central Ave, Class C Beer, Class B Wine (Sunday) Sid's Beverage Store, Inc., 2727 Dodge St, Class E Liquor, Class B Wine, Class C Beer (Sunday) Vinny Vanucchis Little Italy, 164 Main St, Class C Liquor, Class BWine (Carryout Wine) (Sunday) Walnut Tap Tavern, 709 University, Class C Liquor (Sunday) Adobo's Mexican Grill, 756 Main St, Class C Liquor (Sunday) NEW Hammer Time, 123 Main St, Class C Liq- uor (Outdoor) (Sunday) Fresh Take, LLC, 345 Main St., Class C Beer, Class B Native Wine Keywest Conoco, 2150 Twin Valley Dr., Class E Liquor, Class B Native Wine, Class C Beer (Sunday) Kwik Stop C- Stores, 2335 University Ave, Class E Liquor, Class B Native Wine, Class C Beer (Sunday) Eagles Club, 1175 Century Dr., Class C Liquor (Outdoor) Irish Hooley, Alliant Amphitheater, Special Class C Liquor (BeerNVine)(Outdoor) National Mississippi River Museum & Aquarium, 350 E Third St., Class C Liquor Rotary Club of Dubuque, 135 W. 8th St., Special Class C Liquor (BeerNVine) Passed, approved and adopted this 16th day of July, 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 pub- lic hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Resnick. Motion carried 7 -0. Five Points Signal Reconstruction: City Manager recommending authorization of the public bidding procedure for the 5 Points Traf- fic Signal Reconstruction Project - Rebid, and that a public hearing be set for August 6, 2012. Upon motion the documents were received and filed and Resolution No. 192 -12 Prelimi- nary 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 ordering the advertisement for bids (5 Points Signal Recon- struction Project) was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 6, 2012 in the Historic Federal Building. RESOLUTION NO. 192 -12 5 POINTS TRAFFIC SIGNAL RECON- STRUCTION PROJECT — REBID PRELIMI- NARY APPROVAL OF PLANS, SPECIFICA- TIONS, FORM OF CONTRACT, AND ESTI- MATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISE- MENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the 5 Points Traffic Signal Reconstruction Project - Rebid, in the estimated amount $146,752.30, 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 6th day of August, 2012, at 6:30 p.m. in the Historic Federal Building Council Chambers at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general cir- culation 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 inter- ested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The 5 Points Traffic Signal Reconstruction Project - Rebid is hereby ordered to be adver- tised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall 216 Regular Session, July 16, 2012 Book 142 conform to the provisions of the Notice to Bid- ders hereby approved. The City Clerk is hereby directed to adver- tise for bids for the construction of the im- provements 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 2:00 p.m. on the 9th day of August, 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 20h day of August, 2012, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 16th day of July, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Request for Bids - ARC Transfer Center Phase I Project: City Manager recommending approval of the release of the Request for Bids (RFB) for the construction of the ARC Transfer Center Phase I Project and further recom- mends that a public hearing be set for August 6, 2012. Upon motion the documents were received and filed and Resolution No. 193 -12 ARC Transfer Center Phase I Canopy — 2012 Project preliminary approval of plans, specifi- cations, form of contract, and estimated cost; setting date of public hearing on plans, specifi- cations, form of contract, and estimated cost; and ordering the advertisement for bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 6, 2012 in the Historic Federal Building. RESOLUTION NO. 193 -12 ARC TRANSFER CENTER PHASE I CANO- PY — 2012 PROJECT PRELIMINARY AP- PROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEAR- ING ON PLANS, 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 plans, specifications, form of contract and estimated cost for the ARC Transfer Center Phase I Canopy - 2012 Pro- ject, in the estimated amount of $240,000 are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 6th day of August, 2012, at 6:30 p.m. in the Historic Federal Building Council Chambers, 350 W. 6th Street, Dubuque, at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be 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 the 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 con- tract, or estimated cost of the Project. The ARC Transfer Center Phase I Canopy - 2012 Project is hereby ordered to be adver- tised 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 Bid- ders hereby approved. The City Clerk is hereby directed to adver- tise for bids for the construction of the im- provements 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 (4) but not more than forty -five (45) days before the date for filing bids before 2:00 p.m. on the 28th day of August, 2012. Bids shall be opened and read by the City Clerk at said time and will be sub- mitted to the City Council for final action at 6:30 p.m. on the 3rd day of September, 2012, in the Historic Federal Building Council Cham- bers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 16th day of July, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS /COMMISSIONS Building Code Boards of Appeals: Two 3- year terms through August 1, 2015 (Expiring at -large term of Luchsinger and ADA term of Cruise). Applicants: Marla Cruise, 905 Rock- dale Road (ADA Representative); Richard Luchsinger, 2875 Brueck Road (At- Large). Motion by Braig to reappoint Marla Cruise and Richard Luchsinger to 3 -year terms. Seconded by Jones. Motion carried 7 -0. Catfish Creek Watershed Management Au- thority: Two representatives appointed by the City Council. (The initial length of the 4 -year terms will be determined at the July 27 meet- ing of the CCWMA.) Applicants: Theothoros (Raki) Giannakouros, 1640 Lawndale Street; Adam Hoffman, 1365 S. Grandview Avenue; Book 142 Regular Session, July 16, 2012 217 Will Hoyer, 1311 Tomahawk Drive; and Charles Winterwood, 1555 Montrose Terrace. Raki Giannakouros and Will Hoyer were ap- pointed to 4 -year terms upon roll -call vote of Buol, Connors, Jones, Lynch, and Sutton for Giannakouros; Braig, Buol, Connors, Lynch, Resnick, and Sutton for Hoyer; Jones for Win - terwood; and Braig and Resnick for Hoffman. Zoning Board of Adjustment: One 5 -year term through March 25, 2017 (Expiring term of Gibbs). Applicant: William J. Gibbs, 440 S. Grandview Avenue. Motion by Jones to reap- point William Gibbs to a 5 -year term. Second- ed by Braig. Motion carried 7 -0. PUBLIC HEARINGS Upon motion the rules were suspended al- lowing anyone to address the City Council. Theisen Supply, Inc. Expansion: Proof of publication on notice of public hearing to con- sider the disposition of approximately 5.7 acres in the Dubuque Industrial Center West to Leo Theisen for the purpose of constructing an 80,000 square foot warehouse expansion and the City Manager recommending approval. Motion by Connors to receive and file the doc- uments and adopt Resolution No. 194 -12 Dis- posing of City interest in real property by the sale of 5.7 acres in the Dubuque Industrial Center West to Leo A. Theisen and Theisen Supply, Inc. Seconded by Braig. Motion car- ried 7 -0. RESOLUTION NO. 194 -12 DISPOSING OF CITY INTEREST IN REAL PROPERTY BY THE SALE OF 5.7 ACRES IN THE DUBUQUE INDUSTRIAL CENTER WEST TO LEO A. THEISEN AND THEISEN SUPPLY, INC. Whereas, the City Council, by Resolution No. 176 -12, dated July 2, 2012 declared its intent to enter into a Development Agreement with Leo A. Theisen and Theisen Supply, Inc. for the sale of 5.7 acres in the Dubuque Indus- trial Center West legally described as: Lot 2 of 2 Dubuque Industrial Center West 5th Addition in the City of Dubuque, Iowa (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed dis- position on July 16, 2012 at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that approval of the Development Agreement for the sale to and development of the Property by Leo A. Theisen according to the terms and conditions set out in the Devel- opment Agreement 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 Development Agree- ment by and between the City of Dubuque, Leo A. Theisen and Theisen Supply, Inc. for the sale of the Property is hereby approved. Section 2. That the Mayor is hereby au- thorized and directed to execute the Develop- ment Agreement on behalf of the City and the City Clerk is authorized and directed to attest to his signature. Section 3. That the Mayor and City Clerk are hereby authorized and directed to execute and deliver a Special Warranty Deed for the Property as provided in the Development Agreement. Section 4. That the City Manager is author- ized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved. Passed, approved and adopted this 16th day of July, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Rezoning Request - 1172 Main Street: Proof of publication on notice of public hearing to consider a request by Carol Lammers /John & Rosalie Loes Trust to rezone property at 1172 Main Street from C -4 Downtown Com- mercial District to OC Office Commercial Dis- trict to allow residential on the first floor and the Zoning Advisory Commission recommend- ing approval. Motion by Connors to receive and file the documents and that the require- ment that a proposed ordinance be considered and voted on for passage at two Council meet- ings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Planning Services Manager Laura Carstens provided a staff report. Motion carried 7 -0. Motion by Connors for final consideration and passage of Ordinance No. 42 -12 Amend- ing Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 1172 Main Street from C -4 Down- town Commercial District to OC Office Com- mercial District. Seconded by Braig. Motion carried 7 -0. OFFICIAL PUBLICATION ORDINANCE NO. 42 -12 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLAS- SIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1172 MAIN STREET FROM C-4 DOWNTOWN COM- MERCIAL DISTRICT TO OC OFFICE COM- MERCIAL DISTRICT. 218 Regular Session, July 16, 2012 Book 142 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, is hereby amended by reclassi- fying the hereinafter described property from C -4 Downtown Commercial District to OC Of- fice Commercial District, to wit: South 23'% North IA NM 1/5 City Lot 466, and to the centerline of the ad- joining public right -of -way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Io- wa. Section 3. This Ordinance shall take effect upon publications, as provided by law. Passed, approved and adopted this 16th day of July, 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 20th day of July, 2012. /s /Kevin S. Firnstahl, City Clerk Rezoning Request - Lot 3 Knepper Addi- tion (1834 Creekwood Drive): Proof of publica- tion on notice of public hearing to consider a request by Davin Curtiss / C3 Investments to rezone property south of Creek Wood Drive (Lot 3 of Final Plat of Knepper Addition) con- current with annexation, from County Agricul- tural to City R -1 Single Family Residential Dis- trict and the Zoning Advisory Commission rec- ommending approval. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Planning Services Manager Laura Car- stens provided a staff report. Attorney Greg Rhemke, 700 Locust St., spoke in support of the proposed ordinance on behalf of the de- veloper. Motion carried 7 -0. Motion by Connors for final consideration and passage of Ordinance No. 43 -12 Amend- ing Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property, in conjunction with annexation, located at 1834 Creek Wood Drive From County C -1 and R -2 to City R -1 Single - Family Residential District. Seconded by Braig. Motion carried 7 -0. OFFICIAL PUBLICATION ORDINANCE NO. 43 -12 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLAS- SIFYING HEREINAFTER DESCRIBED PROPERTY, IN CONJUNCTION WITH AN- NEXATION, LOCATED AT 1834 CREEKWOOD DRIVE FROM COUNTY C -1 AND R -2 TO CITY R -1 SINGLE - FAMILY RESIDENTIAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, is hereby amended by reclassi- fying the hereinafter - described property, in conjunction with annexation, from County C -1 and R -2 to City R -1 Single - Family Residential District, to wit: Lot 3 Knepper Addition, in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Io- wa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 16th day of July, 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 20th day of July, 2012. /s /Kevin S. Firnstahl, City Clerk Sewer Revenue Capital Loan Notes (SRF Sponsored Project): Proof of Publication on notice of public hearing to consider the issu- ance of, and additional action on, not to ex- ceed $9,400,000 Sewer Revenue Capital Loan Notes (State Revolving Fund Sponsored Pro- ject) and the City Manager recommending approval. Motion by Braig to receive and file the documents and adopt Resolution No. 195- 12 Instituting proceedings to take additional action for the authorization of a loan and dis- bursement agreement and the issuance of not to exceed $9,400,000 Sewer Revenue Capital Loan Notes. Seconded by Jones. Motion car- ried 7 -0. RESOLUTION NO. 195 -12 INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORI- ZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $9,400,000 SEWER REVENUE CAPITAL LOAN NOTES Whereas, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to in- stitute proceedings for the authorization of a Loan and Disbursement Agreement by and between the City and the Iowa Finance Au- Book 142 Regular Session, July 16, 2012 219 thority, and the issuance to the Iowa Finance Authority of not to exceed $9,400,000 Sewer Revenue Capital Loan Notes to evidence the obligations of the City under said Loan and Disbursement Agreement, for the purpose of paying costs of acquisition, construction, re- construction, extending, remodeling, improv- ing, repairing and equipping all or part of the Municipal Sewer System, including those costs associated with the Bee Branch Watershed Green Infrastructure Project, including the construction and installation of permeable in- terlocking concrete pavement at approximately 42 alley and parking lot locations in the Bee Branch Watershed, and has considered the extent of objections received from residents or property owners as to said proposal and, ac- cordingly the following action is now consid- ered to be in the best interests of the City and residents thereof: 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 takes additional ac- tion for the authorization of a Loan and Dis- bursement Agreement by and between the City and the Iowa Finance Authority, and the issuance to the Iowa Finance Authority in the manner required by law of not to exceed $9,400,000 Sewer Revenue Capital Loan Notes for the foregoing purpose. Section 2. That this Council does hereby consent to the terms and conditions of the SRF Loan Program, which terms and condi- tions and the disclosures provided with respect thereto are hereby acknowledged, accepted and approved. Section 3. That the Clerk, with the assis- tance of the City Attorney and bond counsel, is hereby authorized and directed to proceed with the preparation of such documents and proceedings as shall be necessary to author- ize the City's participation in the SRF Loan Program, to select a suitable date for final Council authorization of the required Loan and Disbursement Agreement and issuance of the Note to evidence the City's obligations there- under, and to take such other actions as the Clerk shall deem necessary to permit the completion of a loan on a basis favorable to the City and acceptable to this Council. Section 4. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150 -2 and shall be maintained on file as a public record of such intent. It is rea- sonably expected that the general fund mon- eys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above loan agreement. The amounts so advanced shall be reimbursed from the proceeds of the Loan Agreement not later than eighteen months after the initial payment of the capital expenditures or eight- een months after the property is placed in ser- vice. Such advancements shall not exceed the loan amount authorized in this Resolution un- less the same are for preliminary expenditures or unless another declaration of intention is adopted. Passed and approved this 16th day of July, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Sewer Revenue Capital Loan Notes (Clean Water State Revolving Fund Loan): Proof of publication on notice of public hearing to ap- prove the suggested proceedings for the issu- ance of, and additional action on, not to ex- ceed $3,058,000 in Clean Water State Revolv- ing Fund Loan Notes and the City Manager recommending approval. Motion by Braig to receive and file the documents and adopt Resolution No. 196 -12 Instituting proceedings to take additional action for the authorization of a loan and disbursement agreement and the issuance of not to exceed $3,058,000 Sewer Revenue Capital Loan Notes. Seconded by Jones. Motion carried 7 -0. RESOLUTION NO. 196 -12 INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORI- ZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $3,058,000 SEWER REVENUE CAPITAL LOAN NOTES Whereas, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to in- stitute proceedings for the authorization of a Loan and Disbursement Agreement by and between the City and the Iowa Finance Au- thority, and the issuance to the Iowa Finance Authority of not to exceed $3,058,000 Sewer Revenue Capital Loan Notes to evidence the obligations of the City under said Loan and Disbursement Agreement, for the purpose of paying costs of refunding outstanding water obligation indebtedness of the City, consisting of the Water Revenue Capital Loan Notes, Series 2010C, dated February 12, 2010 so that the net revenues of the Municipal Sewer Utility may be used to pay 50% of the costs associated with the acquisition and installation of a fixed radio network water meter system, and has considered the extent of objections received from residents or property owners as to said proposal and, accordingly the following action is now considered to be in the best in- terests of the City and residents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: 220 Regular Session, July 16, 2012 Book 142 Section 1. That this Council does hereby institute proceedings and takes additional ac- tion for the authorization of a Loan and Dis- bursement Agreement by and between the City and the Iowa Finance Authority, and the issuance to the Iowa Finance Authority in the manner required by law of not to exceed $3,058,000 Sewer Revenue Capital Loan Notes for the foregoing purpose. Section 2. That this Council does hereby consent to the terms and conditions of the SRF Loan Program, which terms and condi- tions and the disclosures provided with respect thereto are hereby acknowledged, accepted and approved. Section 3. That the Clerk, with the assis- tance of the City Attorney and bond counsel, is hereby authorized and directed to proceed with the preparation of such documents and proceedings as shall be necessary to author- ize the City's participation in the SRF Loan Program, to select a suitable date for final Council authorization of the required Loan and Disbursement Agreement and issuance of the Note to evidence the City's obligations there- under, and to take such other actions as the Clerk shall deem necessary to permit the completion of a loan on a basis favorable to the City and acceptable to this Council. Passed and approved this 16th day of July, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Annexation Request - C3 (Knepper Addition): (This public acted upon under Action Item No. Investments hearing was 6) Upon motion the rules were reinstated lim- iting discussion to the City Council. ACTION ITEMS 2012 All America City Award: Eric Dregne, Director of Programs for the Community Foun- dation of Dubuue, presented a slide presen- tation on the 3� Grade Reading Program and presented the 2012 All America City Award that the City of Dubuque received from the National Civic League. Motion by Jones to receive and file the information. Seconded by Connors. Motion carried 7 -0. Automated Traffic Enforcement: City Man- ager recommending approval of Automated Traffic Enforcement for the City of Dubuque. Motion by Connors to receive and file the doc- uments and consider the first reading of an amended ordinance amending City of Dubu- que Code of Ordinances Title 9 Motor Vehicles and Traffic by adding a New Chapter 17 Au- tomatic Traffic Enforcement, Providing for Au- tomatic Traffic Enforcement and Establishing Penalties for Violations. Seconded by Jones. Motion carried 4 -3 with Lynch, Resnick, and Sutton voting nay. Police Chief Mark Dalsing and Traffic En- gineer Dave Ness each made a slide presen- tation on Automated Traffic Enforcement and City's current traffic management system re- spectively. Mayor Buol allowed public input for citizens to speak for or against the proposed enforcement. The City Council had discussion following each presentation and following pub- lic input. Assistant City Attorney Crenna Brumwell provided information about the fines and associated costs between the ATE - generated municipal infractions and violations generated by a police officer. City Council Member David Resnick provided a slide presentation about what he believes is variable information in the studies, statistics and legal issues surrounding Automated Traffic En- forcement program. One -Way to Two -Way Conversion of 9th, 10th, 11th, Elm and Pine Streets: City Manag- er recommending approval of the conversion of Ninth, Tenth, Eleventh, Elm and Pine Streets from one -way to two -way traffic. Cor- respondence from William Kramer of CueMas- ter Billiards expressing concerns about the traffic conversion. Correspondence and mate- rials from Dubuque Main Street in support of the traffic conversion and Executive Director Dan LoBianco requesting permission to ad- dress the City Council. Motion by Braig to receive and file the doc- uments and adopt Resolution No. 197 -12 Ap- proving the conversion of Ninth, Tenth, Elev- enth, Elm and Pine Streets from one -way to two -way traffic. Seconded by Connors. Julie Neeble of IIW Engineering and Civil Engineer Jon Dienst made a slide presentation on the traffic conversion. City Council discussion in- cluded questions about the impact on parking and project timeline. Motion carried 5 -2 with Lynch and Resnick voting nay. RESOLUTION NO. 197 -12 APPROVING THE CONVERSION OF NINTH, TENTH, ELEVENTH, ELM AND PINE STREETS FROM ONE -WAY TO TWO -WAY TRAFFIC Whereas, the conversion of Ninth, Tenth, Eleventh, Elm and Pine Streets from one -way to two -way traffic is instrumental to the City of Dubuque, Iowa's development of its Intermod- al Transportation Terminal and Parking Facili- ty, the Historic Millwork District and the Down- town Central Business District, and such con- version is part of the Historic Millwork District Master Plan; and Book 142 Regular Session, July 16, 2012 221 Whereas, a traffic study of Ninth, Tenth, Eleventh, Elm and Pine Streets indicates that such streets can sufficiently handle the traffic volume if converted from a one -way to a two - way traffic pattern; and Whereas, improvements necessary for the conversion of Ninth, Tenth, Eleventh, Elm and Pine Streets from one -way to two -way traffic flow have been designed, and a comprehen- sive analysis of the existing traffic signal timing in the Downtown Central Business District has been performed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Subject to the adoption of re- quired amendments to the City of Dubuque Code of Ordinances, the conversation of Ninth, Tenth, Eleventh, Elm and Pine Streets from one -way to two -way traffic is hereby approved. Section 2. The City Attorney is directed to prepare the required amendments to the City of Dubuque Code of Ordinances for considera- tion by the City Council. Passed, approved and adopted this 16th day of July, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Purchase of Service Agreements for Fiscal Year 2013: City Manager recommending ap- proval of Fiscal Year 2013 Purchase of Ser- vices Agreements. Motion by Jones to receive and file and approve the recommendation. Seconded by Connors. Motion carried 7 -0. Final Plat - North Ridge Estates: City Man- ager recommending approval of the final plat of North Ridge Estates subject to waiving the maximum grade of 10% for collector streets. Motion by Jones to receive and file the docu- ments and adopt Resolution No. 198 -12 Au- thorizing approval of the Final Plat of North Ridge Estates in the City of Dubuque, Iowa. Seconded by Braig. Motion carried 7 -0. RESOLUTION NO. 198 -12 AUTHORIZING APPROVAL OF THE FINAL PLAT OF NORTH RIDGE ESTATES IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Final Plat of North Ridge Estates in the City of Dubuque, Iowa; and Whereas, upon said final plat appear streets to be known as Roosevelt Road (Lot A), Marisa Ridge (Lot E), Cayden Court (Lot F) and Peru Road (Lot G) together with certain public utility, storm sewer and water main easements, stormwater detention facility (Lot C) which the owner by said final plat has dedi- cated to the public forever; and Whereas, said plat provides 0 feet of front- age for Lot C, where 50 feet is required by Section 16- 11 -14(B) of the Unified Develop- ment Code; and Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and its approval has been endorsed thereon; and Whereas, said final plat has been reviewed by the City Planner and her approval has been endorsed thereon, subject to the owner's agreeing to the conditions specified herein; and Whereas, said final plat has been exam- ined by the City Council and the City Council find the final plat conforms to the applicable statutes and ordinances, except that streets and public utilities have not yet been complete- ly constructed or installed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Roosevelt Road (Lot A), Marisa Ridge (Lot E), Cayden Court (Lot F), Peru Road (Lot G), and Lot C (detention area) and the easements for public utilities, storm sewer and water mains, as they appear on said final plat, be and the same are hereby accepted; and Section 2. That Section 16- 14 -11(B) of the Unified Development Code is waived to allow Lot C to have 0 feet of frontage, where 50 feet of frontage is required; and Section 3. That the Final Plat of North Ridge Estates is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute their written acceptance of the attached conditions and further agree: (a) To reduce Roosevelt Road (Lot A), Marisa Ridge (Lot E), Cayden Court (Lot F) and Peru Road (Lot G) to grade and to construct longitudinal sub - drain, concrete curb and gutter with asphaltic concrete pavement or Portland Cement concrete pavement with integral curb, all in accord- ance with the City of Dubuque standard specifications in a manner acceptable to the City Engineer, in conformance with construction improvement plans approved by the City Engineer, and inspected and approved by the City Engineer. (b) To install sanitary sewer mains and sewer service laterals into each individual lot, water mains and water service laterals into each individual lot, storm sewers and catch basins, boulevard street lighting, fi- ber optic conduit, and erosion control de- vices all in accordance with the City of Dubuque standard specifications in a man- ner acceptable to the City Engineer, and in accordance with construction improvement plans approved by the City Engineer, and 222 Regular Session, July 16, 2012 Book 142 inspected and approved by the City Engi- neer. (c) To construct accessible sidewalk ramps at the intersections of Marisa Ridge with Cayden Court and Peru Road in accord- ance with City of Dubuque Standards and Specifications. (d) To construct the improvements outlined in (a), (b) and (c) above within two years from the date of acceptance of this resolu- tion, at the sole expense of the owners, or future owner. (e) To maintain the improvements outlined in (a), (b) and (c) above for a period of two (2) years from the date of the acceptance of those improvements by the City Council of the City of Dubuque, Iowa, at the sole fi- nal expense of the owners, or future own- er; (f) To provide security for the performance of the foregoing conditions specified in this Section in such form and with such sure- ties as may be acceptable to the City Man- ager of the City of Dubuque, Iowa. Section 4. That sidewalk installation shall be the responsibility of each lot owner for each lot abutting the public rights -of -way, including lots with multiple frontages, as required by City Code Chapter 10 -1 -2 (Sidewalk Installation and Repair). Section 5. That the owner must continue to maintain Lot C of North Ridge Estates and stormwater detention facility until (1) the facility has been fully completed, (2) 80% of the plat- ted lots on Lots 1 thru 38, inclusive of North Ridge Estates, and subdivisions thereof have been fully developed, and (3) adequate ero- sion control measures, as approved by the City Engineer have been installed on the re- maining 20% of the lots. Acceptance of the detention facility must be by the City Council as required by the Unified Development Code. Upon the City's acceptance of the detention facility, the inspection, administrative and maintenance expenses incurred by the City of Dubuque for the storm water detention facility (Lot C) shall be assessed against the property owners, except the City of Dubuque, of all phases of North Ridge Estates as indicated above and on the preliminary plat, in equal amounts, and the City Manager shall certify such costs to the City Clerk, who in turn shall promptly certify such costs to the Dubuque County Treasurer, and such costs shall then be collected with and in the same manner as general property taxes in accordance with pro- visions of law. Section 6. That the planting of street trees shall be coordinated with the City Forester. Any trees planted within the street right -of -way must be chosen and planted by the City of Dubuque Leisure Services Department at the developer's expense. Section 7. That the final acceptance of the public improvements shall only occur upon certification of the City Engineer to the City Council that the public improvements have been completed in accordance with the ap- proved improvement plans and City standards and specifications and accepted by City Coun- cil Resolution. Section 8. That in the event WE Develop- ment, LLC fails to execute the acceptance and furnish the guarantees provided hereof within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopted this 16th day of July, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Annexation Request - C3 Investments (Knepper Addition): Proof of publication on notice of public hearing to consider the ap- proval of the voluntary annexation request of C3 Investments Trust for 0.063 acres of prop- erty on the south side of the City of Dubuque adjacent to Timber -Hyrst Subdivision, legally described as Lot 3 of the Final Plat of Knepper Addition and the City Manager recommending approval. Upon motion the rules were suspended al- lowing anyone present to address the City Council. Motion by Lynch to receive and file the documents and adopt Resolution No. 199 -12. Approving application for voluntary annexation of territory to the City of Dubuque, Iowa. Se- conded by Braig. Motion carried 7 -0. RESOLUTION NO. 199 -12 APPROVING APPLICATION FOR VOLUN- TARY ANNEXATION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA Whereas, C3 Investments Trust, the prop- erty owner, has submitted a written application for voluntary annexation of approximately 0.063 acre of land to the City of Dubuque, Io- wa; and Whereas, the annexation territory is not subject to an existing annexation moratorium agreement; and Whereas, the annexation territory does not include any State or railroad property; and Whereas, Iowa Code section 368.7 author- izes the extension of City limits in situations of this character by adoption of a resolution after notification and public hearing; and Whereas, this annexation is consistent with the Comprehensive Plan of the City of Dubu- que; and Book 142 Regular Session, July 16, 2012 223 Whereas, the City of Dubuque has the ca- pacity to provide substantial municipal services to the annexation territory; and Whereas, the annexation is in the public in- terest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the application of C3 In- vestments Trust, the property owner, for volun- tary annexation of approximately 0.063 acre of land of territory lying outside of the corporate limits of the City of Dubuque, Iowa, as shown on Exhibit A and legally described as Lot 3 of the Final Plat of Knepper Addition, Section 2, Township 88N, Range 2E of the 5th P.M., Dubuque County, Iowa is hereby approved for annexation to the City of Dubuque, Iowa. Section 2. That, subject to the approval of the Secretary of State, the corporate limits of the City of Dubuque, Iowa, be and they hereby are extended to include the approximately 0.063 acres of annexation territory as shown on Exhibit A. Section 3. That the City Council of Dubu- que, Iowa, does hereby certify that the City of Dubuque has complied with the notice and hearing requirements of the Iowa Code per- taining to voluntary annexation of territory out- side an urbanized area of another city. Section 4. That if Secretary of State ap- proves this annexation, the territory hereby annexed shall become a part of Precinct One of Ward One of the City of Dubuque, Iowa. Section 5. That the City Clerk shall file this resolution, all exhibits and the applications for voluntary annexation with the State of Iowa in accordance with the provisions of Chapter 368 of the Iowa Code. Passed, approved and adopted this 16th day of July, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated lim- iting discussion to the City Council. Dubuque Industrial Center South - Grading & Utilities 2012 Project, Phase 1: City Manager recommending award of the contract for the Dubuque Industrial Center South Grading & Utilities 2012 Project, Phase 1 to the low bid- der, Tom Kueter Construction Co., Inc. Motion by Connors to receive and file the documents and adopt Resolution No. 200 -12 Awarding public improvement contract for the Dubuque Industrial Center South Grading & Utilities 2012 Project, Phase 1. Seconded by Resnick. Attorney Bob Hatillo, 1115 3rd St., Cedar Rap- ids, and Al Taylor of C.J. Moyna & Sons of Elkader, Iowa, spoke in support of the Moyna bid as the responsive bid and further stated that they believe the Kueter Construction bid was nonresponsive due to a discrepancy in the bid documents submitted by Kueter. City At- torney Lindahl stated that it was his judgment that the issue is considered a minor discrep- ancy, which the City Council has the right to waive. Motion carried 6 -1 with Lynch voting nay. RESOLUTION NO. 200 -12 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE DUBUQUE INDUSTRIAL CENTER SOUTH GRADING & UTILITIES — 2012 PROJECT, PHASE I Whereas, sealed proposals have been submitted by contractors for the Dubuque In- dustrial Center South Grading & Utilities — 2012 Project, Phase I (the Project) pursuant to Resolution No. 137 -12 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 8 published day of June, 2012. Whereas, said sealed proposals were opened and read on the 21st day of June, 2012 and it has been determined that Tom Kueter Construction Co., Inc. of Peosta, Iowa with a bid in the amount of $2,325,159.85, is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Tom Kueter Con- struction Co., Inc. of Peosta, Iowa and the City Manager is hereby directed to execute a Pub- lic Improvement Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 16th day of July, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Iowa Finance Authority - Amendment to Loan and Disbursement Agreement: City Manager recommending approval of the sug- gested proceedings for amending the loan and disbursement agreement between the City of Dubuque and the Iowa Finance Authority and authorizing and providing for the issuance of the $74,285,000, Sewer Revenue Capital Loan Note, Series 2010E. Motion by Connors to receive and file the documents and adopt Resolution No. 201 -12 Approving and author- izing Amendment to Loan and Disbursement Agreement by and between the City of Dubu- que and the Iowa Finance Authority, and au- thorizing and providing for the issuance of the $74,285,000 Sewer Revenue Capital Loan Note, Series 2010E, of the City. Seconded by Braig. Motion carried 7 -0. 224 Regular Session, July 16, 2012 Book 142 RESOLUTION NO. 201 -12 APPROVING AND AUTHORIZING AMEND- MENT TO LOAN AND DISBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE AND THE IOWA FINANCE AUTHORITY, AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF THE $74,285,000 SEWER REVENUE CAPITAL LOAN NOTE, SERIES 2010E, OF THE CITY Whereas, the City of Dubuque (hereinafter the 'Issuer ") previously issued its Sewer Rev- enue Capital Loan Note, Series 2010E, dated August 18, 2010, to the extent of $64,885,000 (hereinafter the "Note "), pursuant to a Loan and Disbursement Agreement between Issuer, the Iowa Finance Authority, and Wells Fargo Bank, N.A., dated of like date (the !Agree- ment "), for the purpose of defraying the costs of the Project (as defined in the resolution au- thorizing issuance of the same (hereinafter the 'Resolution ")); and Whereas, the Iowa Finance Authority, as Original Purchaser and current holder of the Note, has authorized an addition "sponsored project" and the exchange of the $64,885,000 Note for a new Note in the principal amount of $74,285,000; and Whereas, an Amendment to the Loan and Disbursement Agreement (hereinafter the "Amendment") has been prepared to reflect said exchange, a copy of which is attached hereto as Exhibit A; and Whereas, pursuant to IRS regulations adoption of the Amendment constitutes a reis- suance of a $64,885,000 portion the Note, and a new issuance of $9,400,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IN THE COUNTY OF DUBUQUE, STATE OF IOWA: Section 1. That the Resolution is hereby amended to reflect the increase of outstanding principal from $64,885,000 to $74,285,000. Section 2. That the Amendment in sub- stantially the form attached to this Resolution is hereby authorized to be executed and is- sued on behalf of the Issuer by the Mayor and attested by the City Clerk. Section 3. Except as amended herein, all of the other terms and conditions of the Reso- lution and Agreement are in all respects rati- fied, confirmed and approved and shall remain in full effect. Passed and approved this 16th day of July, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Taxable General Obligation Bonds Series 2012C Amendment: City Manager recom- mending approval of the suggested proceed- ings for amending Resolution No. 160 -12 au- thorizing issuance of $6,965,000 Taxable General Obligation Bonds, Series 2012C, adopted June 18, 2012. Motion by Jones to receive and file the documents and adopt Resolution No. 202 -12 Amending Resolution No. 160 -12 Authorizing Issuance Of $6,965,000 Taxable General Obligation Bonds, Series 2012C, adopted June 18, 2012. Seconded by Braig. Motion carried 7 -0. RESOLUTION NO. 202 -12 AMENDING RESOLUTION NO. 160 -12 AU- THORIZING ISSUANCE OF $6,965,000 TAXABLE GENERAL OBLIGATION BONDS, SERIES 2012C, ADOPTED JUNE 18, 2012 Whereas, the Council adopted Resolution No. 160 -12, a Resolution Authorizing and Providing for the Issuance of $6,965,000 Tax- able General Obligation Bonds, Series 2012C, and Levying a Tax to Pay Said Bonds, on June 18, 2012; and Whereas, Section 2 of Resolution No. 16- 012 provides for the levy of an annual tax to pay principal and interest on the Bonds; and Whereas, Section 6 of Resolution No. 160- 12 sets forth a maturity schedule for retirement of the Bonds; and Whereas, the Official Statement, dated June 7, 2012, also contains maturity schedule for retirement of the Bonds and this schedule is different than that set out in Section 6 of Resolution No. 160 -12; and Whereas, it is necessary to conform the Resolution No. 160 -12 to that as stated in the Official Statement, and action should now be taken to amend Sections 2 and 6 of said Reso- lution to so conform. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 2 of Resolution No. 160- 12 shall be amended to read as follows: Section 2. Levy and Certification of Annual Tax; Other Funds to be Used. (a) Levy of Annual Tax. That for the pur- pose of providing funds to pay the principal and interest of the Bonds hereinafter au- thorized to be issued, there is hereby lev- ied for each future year the following direct annual tax on all of the taxable property in Dubuque, Iowa, to -wit: Book 142 Regular Session, July 16, 2012 225 iAMOUN T FISCAL YEAR ! (JULY 1 TO JUNE 30)1 OF COLLECTION ; 2012/2013 ;$187,5441 ;$4677501 ;$497,450 ;$501,4501 $495,250! $494,0501 $497,750; $496,2501 $504,485; $506,5561 $492,6751 2013/2014 2014/2015 2015/2016 2016/2017 2017/2018 2018/2019 2019/2020 2020/2021 2021/2022 2022/2023 $493,050! 2023/2024 $497,2501 2024/2025 $495,4381 2025/2026 $497,733! 2026/2027 $498,9331 2027/2028 $499,2001 2028/2029 $498,5051 2029/2030 $501818! 2030/2031 $503,915; 2031/2032 Section 2. The principal amount as set forth in Section 6 of Resolution No. 160 -12 shall be amended to read as follows: Principal Interes1jMaturity Amount Rate ;June 1St $265,00012.000%1 2014 $300,00012.000%; 2015 ; 010, 0c1912...9.9.9.721._2°16 -- 0310,00012.0002/2; 2017 ; 5315,0012.000%1 2018 1 $325,00012.000% 2019 L$330,00q2.050% 2020 !$345,00012.300% 2021 0355,00012.500%; 20221 $350,00012.750 %; 2023 $360,000j3.000% ;_2024 $375,00013.150 %; 2025 ; $385,000;3.300% 2026 $400,00013.450 %; 2027 0415,00013.550 %! 2028 I$430, ITLF3-5;56-611 3. 650%1 20291 0445,00013.750%1 2030 0465,00013.850%1 3031 1 1$485,000;3.900V 3032 Section 3. That all other provisions of Res- olution No. 160 -12 be and the same hereby are ratified, confirmed and approved. Section 4. That the Mayor and City Clerk are hereby authorized to execute such docu- ments as are necessary to effectuate the amendments provided for in this resolution. Passed and approved this 16th day of July, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Request to Rezone - 16th Street and Kerper Boulevard: City Manager recommend- ing rezoning property located at the southwest corner of 16th Street and Kerper Boulevard as requested by the City of Dubuque at the June 18, 2012 public hearing. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Resnick. Motion carried 7 -0. Motion by Connors for final consideration and passage of Ordinance No. 44 -12 Amend- ing Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at the southwest corner of 16th Street and Kerper Boulevard from POS Public Open Space District to C -3 General Commercial District. Seconded by Resnick. Motion carried 7 -0. OFFICIAL PUBLICATION ORDINANCE NO. 44 -12 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLAS- SIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT THE SOUTH- WEST CORNER OF 16TH STREET AND KERPER BOULEVARD FROM POS PUBLIC OPEN SPACE DISTRICT TO C -3 GENERAL COMMERCIAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, is hereby amended by reclassi- fying the hereinafter described property from POS Public Open Space District to C -3 Gen- eral Commercial District, to wit: North 375 feet of Lot 1 Bee Branch Subdivision No. 2, Balance of Lot 1 Block 2 Dubuque Packing Company Lots 444, 445, 446, Balance of Lot 447, Part of Lot 448, Balance Lots 471 & 472 and all of Lot 437 East Dubuque Addition, Lot 2, Sub Lot 587 East Dubuque Addition, and to the centerline of the adjoining public right -of -way, all in the City of Dubu- que, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Io- wa. Section 3. This Ordinance shall take effect upon publications, as provided by law. 226 Regular Session, July 16, 2012 Book 142 Passed, approved and adopted this 16th day of July, 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin S. Firnstahl, City Clerk Social Host Ordinance: City Manager rec- ommending adoption of a Social Host Ordi- nance to prohibit people from hosting events and knowingly allowing underage alcohol pos- session and consumption on the hosts prem- ises. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Responding to questions from City Council, Police Chief Mark Dalsing stated that the Police Depart- ment works with citizens in such situations by referring them to community assistance agen- cies and that this ordinance is for violators who have full knowledge of their actions and know- ingly allow the violation. Motion carried 7 -0. Motion by Jones for final consideration and passage of Ordinance No. 45 -12 City of Dubu- que Code of Ordinances Title 7 Police, Fire and Public Safety, Chapter 5 Offenses by add- ing a new Article E, Social Host Responsibility, Providing for the Regulation of Social Hosts. Seconded by Braig. Motion carried 7 -0. OFFICIAL PUBLICATION ORDINANCE NO. 45 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 7 POLICE, FIRE AND PUBLIC SAFETY, CHAPTER 5 OFFENSES BY ADDING A NEW ARTICLE E, SOCIAL HOST RESPONSIBILITY, PROVIDING FOR THE REGULATION OF SOCIAL HOSTS Whereas, the City of Dubuque is vested with home rule authority pursuant to Article III, Section 38A of the Iowa Constitution and Chapter 364 of the Iowa Code; and, Whereas, the City of Dubuque has a large population of persons under the legal drinking age of twenty -one (21); and, Whereas, the City Council is concerned with the violation of state statutes and City of Dubuque ordinances concerning underage possession and consumption of alcohol by minors; and, Whereas, the City Council is concerned with the dangers of providing alcohol to minors at events, parties, and gatherings by social hosts; and, Whereas, local governments in different parts of the state of Iowa and nation have demonstrated that social host regulation is a mechanism to impact underage possession and consumption of alcohol; and, Whereas, the City Council finds that im- plementation of the enforcement procedures set forth in this Ordinance will promote, pro- tect, and improve the health, safety, and wel- fare of the citizens of the City of Dubuque. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Title 7, Police, Fire and Public Safety, Chapter 5 Offenses of the City of Dubuque Code of Ordinances is amended by adding the following new Article E: ARTICLE E. SOCIAL HOST RESPONSIBILITY 7 -5E -1: PURPOSE OF CHAPTER: The purpose of this chapter is to prohibit the consumption of alcoholic beverages by per- sons under the legal drinking age of twenty - one (21) at gatherings where social hosts know or have reason to know, allow, or permit underage persons to drink alcoholic beverages on property such social hosts own or control. This chapter is enacted to protect and pre- serve the rights, privileges, and property of the residents of the City of Dubuque and to pre- serve and improve the peace, safety, health, welfare, comfort, and convenience of the resi- dents of the City of Dubuque. 7 -5E -2: DEFINITIONS: The following words and phrases, when used in this chapter, have the following meaning: ALCOHOL: Ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, whis- key, rum, brandy, gin, or any other distilled spirits including dilutions and mixtures thereof from whatever source or by whatever process pro- duced. ALCOHOLIC BEVERAGE: Any bev- erage in any form that contains more than one half (' /2) of one percent (1 %) of alcohol by volume including alco- holic liquor, wine, or beer. CITY MANAGER: City manager or the city manager's designee. EMERGENCY RESPONDERS: Fire- fighters, law enforcement officers, emergency medical service person- nel, and other personnel having emergency response duties. ENFORCEMENT SERVICES: The salaries and benefits of emergency responders for the amount of time spent responding to or remaining at an event, gathering, or party and ad- ministrative costs attributable to the incident; the actual costs for medical treatment for any injured emergency responder, and the costs of repairing any damage to equipment or vehi- cles. EVENT, GATHERING, OR PARTY: Any group of three (3) or more per- Book 142 Regular Session, July 16, 2012 227 sons who have assembled or gath- ered together for a social occasion or other activity. LEGAL DRINKING AGE: Twenty -one (21) years of age or older. MINOR: A person under the age of eighteen (18). PARENT: Any person having legal custody of a minor: (A) As a natural parent, adop- tive parent, or step - parent; (B) As a legal guardian; or, (C) As a person to whom legal custody has been given by or- der of the court. PERSON: Any individual, partnership, corporation, or any association of one (1) or more individuals. POSSESSION OR CONTROL: Actu- al possession or constructive posses- sion based on facts, which permits the inference of intent to possess or control alcoholic beverages. PREMISES: Any home, yard, farm, field, land, apartment, condominium, hotel or motel room, other dwelling unit, hall or meeting room, garage, barn, park, tent, camper /RV, or any other place conducive to assembly, public or private, whether occupied on a permanent or temporary basis, whether occupied as a dwelling or specifically for an event, gathering, or party, and whether owned, leased, rented, or used with or without per- mission or compensation. PUBLIC PLACE: The same as de- fined in Iowa Code section 123.3(27). SOCIAL HOST: A. Any person who aids, allows, en- tertains, organizes, supervises, con- trols, or permits an event, gathering, or party. This includes but is not lim- ited to: 1. The person who owns, rents, leases, or otherwise has control of the premises where the event, gathering, or party takes place; 2. The person(s) in charge of the premises; or, 3. The person(s) responsible for organizing the event, gathering, or party. B. If the social host is a minor or un- der the legal drinking age, and the social host's parent(s) are: 1. Present on the premises; 2. Know or reasonably should know of the event, gathering, or party and know or reasonably should know that the consumption of al- cohol is occurring; or, 3. Both the social host and the parent(s) will be held lia- ble for violations of this chapter. UNDERAGE PERSON: Any person under the age of twenty -one (21). 7 -5E -3: SOCIAL HOST DUTIES: It is the duty of the social host of an event, gathering, or party to take all reasonable steps to prevent alcoholic beverages from being possessed or consumed by underage persons on the premises. Reasonable steps include, but are not limited to: A. Controlling underage persons' ac- cess to alcoholic beverages; B. Controlling the quantity of alcoholic beverages; C. Verifying the age of persons being served, in the possession of, or con- suming alcoholic beverages at the event, gathering, or party by inspect- ing driver's licenses or other govern- ment- issued identification cards; D. Supervising the activities of under- age persons at the party; and, E. Notifying law enforcement of un- derage possession or consumption of alcoholic beverages, and allowing law enforcement to enter the premises for the purpose of stopping the posses- sion or consumption by underage persons. 7 -5E -4: PROHIBITED ACTS: A. It is unlawful for any social host of an event, gathering, or party on the social host's premises to knowingly permit or allow underage persons to consume alcoholic beverages, or knowingly permit or allow underage persons to possess alcoholic bever- ages on the premises, whether or not the social host is present on the premises. B. It is unlawful for any social host to host an event, gathering, or party on premises when the person knows or reasonably should know that an un- derage person has consumed an al- coholic beverage, or possesses an alcoholic beverage with the intent to consume it, and the social host fails to take reasonable steps to prevent the possession or consumption by the underage person. A social host who hosts such an event, gathering, or party does not have to be present at the time the prohibited act occurs. 7 -5E -5: EXEMPTION: This chapter does not apply to the excep- tions enumerated in Iowa Code section 123.47(2) for persons possessing alcohol 228 Regular Session, July 16, 2012 Book 142 while under the legal age or to persons pos- sessing alcohol as part of legally protected religious observances, or to situations where underage persons are lawfully in possession of alcoholic beverages during the course and scope of their employment. 7 -5E -6: AFFIRMATIVE DEFENSE: A social host has an affirmative defense if the social host took reasonable steps to pre- vent the possession or consumption of alcohol, or notified law enforcement and allowed law enforcement to enter the premises for the pur- pose of stopping the illegal activities. 7 -5E -7: EVIDENCE OF POSSESSION AND CONSUMPTION: A. A specific legislative finding has been made by the City Council that preliminary breath screening tests (PBT's) which have been approved by the Department of Public Safety for use in public intoxication cases, are accurate in determining the pres- ence or absence of alcohol in a per- son's body. Such devices are valua- ble tools in the investigation of unlaw- ful consumption of alcohol. Therefore, at trial, evidence obtained during the administration of preliminary breath testing, including test results ex- pressed in terms of alcohol concen- tration, are admissible on the issue of whether a person under the legal drinking age consumed alcohol. B. A person under the legal drinking age who has consumed alcohol is presumed to have had the same in his or her possession or control prior to its consumption 7 -5E -8: PENALTIES: A. Violations of section 7 -5E -4 will be punishable as outlined in section 1 -4- 2 of the City Code. B. The City may also seek reim- bursement for enforcement services provided by emergency responders related to the event, gathering, or par- ty. 7 -5E -9: EN FO RCEM ENT: The city manager has primary but not ex- clusive enforcement responsibility for this chapter. 7- 5E -10: SEVERABILITY: If any section, provision, sentence, clause, phrase, or part of this chapter is adjudged in- valid or unconstitutional, such adjudication will not affect the validity of the chapter as a whole or any provision, section, subsection, clause, phrase, or part hereof not adjudged invalid or unconstitutional. Section 2. This Ordinance takes effect upon publication. Passed, approved and adopted this 16th day of July, 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 20th day of July, 2012. /s /Kevin S. Firnstahl, City Clerk Historic Preservation Commission: Com- missioner Chris Wand submitting his resigna- tion from the Historic Preservation Commis- sion effective September 1, 2012 due to a change in residency. Motion by Braig to re- ceive and file the documents and accept the resignation. Seconded by Jones. Motion car- ried 7 -0. Public Safety Software Vendor Selection: City Manager recommending approval of the selection of Sungard OSSI as the provider of the replacement public safety software. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Resnick. Motion carried 7 -0. Catfish Creek Watershed Management Au- thority: City Manager recommending appoint- ment of Planning Services Manager Laura Carstens as the staff representative on the Catfish Creek Watershed Management Au- thority. Motion by Connors to receive and file the documents and approve the recommenda- tion. Seconded by Braig. Motion carried 7 -0. Sustainable Dubuque - Quarterly Work Session Request City Manager requesting approval to schedule the Sustainable Dubuque Quarterly Work Session for Tuesday, Septem- ber 4, 2012 at 5:30 p.m. Motion by Connors to receive and file the document and set the work session as recommended. Seconded by Braig. Motion carried. 7 -0. COUNCIL MEMBER REPORTS Council Member Resnick recognized the recent Art on the River installation and recep- tion and encouraged citizens to vote online for their favorite piece. Mayor Buol provided an update on his re- cent trip to Singapore for the World City Sum- mit, which included 102 countries and 1800 delegates. There being no further business, upon mo- tion the City Council adjourned at 10:58 p. m. /s/Kevin Firnstahl, CMC City Clerk Book 142 Regular Session, August 6, 2012 229 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on August 6, 2012 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut- ton; City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the Council. PLEDGE OF ALLEGIANCE MOMENT OF SILENCE PROCLAMATION(S) Tour de Dubuque Ride for Hospice Day (August 18, 2012) was accepted by Gene Rouske, Kevin Vaassen, and Brian Meloccaro of Custom Riders, Inc. 2885 Davenport Street. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Resnick. Kelly Hingtgen, 3416 Foothill Road, requested No. 14 City Clerk's Salary Compensation be held for separate discussion. No. 18 Request to Accept Donation of 735 Caledonia Place was amended to correct a name change. No. 24 Tower Lease Agreement — Dubuque County 911 and Radio Dubuque was pulled from the agenda. Motion carried 7 -2. Minutes and Reports Submitted: Cable TV Commission of 6/6, City Council Proceedings of 7/16, Civic Center Advisory Commission of 3/5, Civil Service Commission of 7/12, Dubu- que County Emergency Management Com- mission of 5/1, Historic Preservation Commis- sion of 7/19, Housing Commission of 6/26, Human Rights Commission of 6/18, Sister City Relationships Advisory Commission of 7/18, Zoning Advisory Commission of 7/5, Proof of Publication for City Council Proceedings of 6/27 and 7/2. Upon motion the documents were received and filed. Notice of Claims and Suits: Bill and Laura Merritt for vehicle damage, Jennifer Sheldon for property damage. Upon motion the docu- ments were received, filed and referred to the City Attorney. Disposition of Claims: City Attorney advis- ing that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Bill and Laura Merritt for vehicle damage, Jennifer Sheldon for property damage. Upon motion the documents were received, filed and concurred. Smarter Cities Pioneers: Correspondence from Janet Ang, Managing Director of IBM /Singapore, thanking Mayor Buol for his participation in the Evening with Smarter Cities Pioneers held July 3, 2012 in Singapore. Upon motion the document was received and filed. Bell Tower Theater: Correspondence from the Bell Tower Theater thanking the City Council for the 2013 Arts and Culture Grant award for Special Projects. Upon motion the document was received and filed. Civil Service Commission: Civil Service Commission submitting the certified lists for Golf Course Supervisor and Water Plant Op- erator. Upon motion the document was re- ceived, filed and made a Matter of Record. July 12, 2012 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Golf Course Supervisor was administered as a "take home" examination with a June 11, 2012 deadline. We hereby certify that the indi- viduals listed below have passed this "take home" examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. Golf Course Supervisor Travis Dykstra Corey Goedken Tim Gallagher Gregg Mealiff Matthew Hancock Greg Wille Thomas Natzel Jason Barber Gerald Lange Robert Begey Michael Airoldi Katherine Eldrige -Hutton Steven St. James Respectfully Submitted, Daniel White, Chairperson Betty Takes Civil Service Commission 230 Regular Session, August 6, 2012 Book 142 July 3, 2012 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Water Plant Operator was administered on June 12, 2012. We hereby certify that the indi- viduals 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. Water Plant Operator Jonathan Johll Blaine Telford Michael Atterberg Adam Hermsen Richard Habel Brian Cluff Ryan McTaggert Jerome Slusarksi Kevin Edwards Shaun Gilligan Eric Meyer Dan Guzzle Respectfully Submitted, Daniel White, Chairperson Betty Takes Civil Service Commission William Kass Steven Gerardy Ann Everett Bret Stierman Manda Mattoon Rebecca Milum Larry Hoppman Justin Licht Jason Bickal Karl Steichen Garrett Sheldon Mary Sanders Cable TV Commission: Commissioner George Herrig submitting his resignation from the Cable TV Commission. Upon motion the document was received, filed and the resigna- tion accepted. Community Development Advisory Com- mission: Commissioner Abbey Smith submit- ting her resignation from the Community De- velopment Advisory Commission due to a change in residency. Upon motion the docu- ment was received, filed and the resignation accepted. 7th Street Retaining Wall Repair - Project Acceptance: City Manager recommending acceptance of the construction contract for the 7th Street Retaining Wall Reconstruction Pro- ject, as completed by Porten Construction, Inc. Upon motion the documents were re- ceived and filed and Resolution No. 203 -12 Accepting the 7th Street Retaining Wall Re- construction Project and authorizing the pay- ment of the contract amount to the contractor was adopted. RESOLUTION NO. 203 -12 ACCEPTING THE 7th STREET RETAINING WALL RECONSTRUCTION PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRAC- TOR Whereas, the Public Improvement Contract for the 7th Street Retaining Wall Reconstruc- tion Project (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Curb & Catch Basin Replacements, Guardrail, Stone Retaining Walls and Sunset Ridge Sani- tary appropriations for the contract amount of $426,576.72 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 6th day of August, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE 7TH STREET RE- TAINING WALL RECONSTRUCTION PRO- JECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 7th Street Retaining Wall Recon- struction Project, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $463,005.56. Dated this 3d day of August, 2012. /s /City Engineer Filed in the office of the City Clerk on the 3rd day of August, 2012. /s /Kevin S. Firnstahl, City Clerk Request for Proposals - 911 Center Needs Assessment: City Manager recommending approval of the release of a Request for Pro- posal for the 911 Center Needs Assessment. Upon motion the documents were received, filed, and approved. Dubuque Regional Airport T- Hangar Pav- ing: City Manager recommending approval to transfer $3,100 in operating funds to the Dubuque Regional Airport T-Hangar Paving capi- tal improvement project for the local 5% match in the event it is needed. Upon motion the docu- ments were received, filed, and approved. Book 142 Regular Session, August 6, 2012 231 Mediacom: Correspondence from Lee Grassley, Senior Manager of Government Re- lation for Mediacom informing the City of rate adjustments to be implemented on or about September 1, 2012. Upon motion the docu- ment was received and filed. License Agreement - Stone Cliff Winery: City Manager recommending approval to re- new the License Agreement with Stone Cliff Winery through August 31, 2015. Upon motion the documents were received, filed, and ap- proved. City Clerk Salary Compensation: Fiscal Year 2012 City Clerk salary compensation submitted for approval. Motion by Braig to re- ceive and file the document and approve. Se- conded by Jones. Kelly Hingtgen, 3416 Foot- hill Road, questioned the salary increase as compared against the job posting and General Employees Wage Plan. Mayor Buol stated that Ms. Hingtgen would receive a written re- sponse. Motion carried 7 -0. Dubuque Area Convention and Visitors Bu- reau: Dubuque Area Convention and Visitors Bureau (CVB) submitting the minutes from the CVB Advisory Board meeting of July 19, 2012. Upon motion the document was received and filed. Dubuque County Smart Planning Consorti- um Update: City Manager transmitting an up- date on the work of the Dubuque County Smart Planning Consortium on the draft Dubu- que County Regional Smart Plan for sustaina- ble development and upcoming public input meetings. Upon motion the documents were received and filed. Dubuque Jaycees / Radio Dubuque - 2013 Fireworks Request: Correspondence from Thomas Parsley, General Manager of Radio Dubuque, requesting permission to conduct a fireworks display on Tuesday, July 3, 2013 from 9:00 p.m. to 10:30 p.m. on Volunteer Road between Hawthorne and Lime Streets with a rain date of July 4, 2013. Upon motion the documents were received, filed, and ap- proved. Request to Accept Donation of 735 Cale- donia Place: City Manager recommending approval to accept the "as is" donation of 735 Caledonia Place from the James P. Lammers Estate, which will be used as an addition to Hilltop Park. Upon motion the documents were received, filed, and approved. Madison Street Retaining Wall Repair - Project Acceptance: City Manager is recom- mending acceptance of the construction con- tract for the Madison Street Retaining Wall Repair Project, as completed by McAuliffe Excavating, Inc. Upon motion the documents were received and filed and Resolution No. 204 -12 Accepting the Madison Street Retain- ing Wall Repair Project and authorizing the payment of the contract amount to the contrac- tor was adopted. RESOLUTION NO. 204 -12 ACCEPTING THE MADISON STREET RE- TAINING WALL REPAIR PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRAC- TOR Whereas, the Public Improvement Contract for the Madison Street Retaining Wall Repair Project (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be ac- cepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Stone Retaining Walls appropriations for the contract amount of $71,359.20 less any re- tained percentage provided for therein as pro- vided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 6th day of August, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Stipulation of Settlement - Property Tax Appeal: City Attorney recommending approval of the Stipulation of Settlement for Oak Park Place, LLC for 2010 -2012 property tax ap- peals. Upon motion the documents were re- ceived, filed, and approved. Sister City Relationships Advisory Com- mission: Commissioner Jill Connors submitting her resignation from the Sister City Relation- ships Advisory Commission. Upon motion the documents were received, filed and the resig- nation accepted. Project HOPE Core Committee: Corre- spondence from Eric Dregne, Vice President of Programs for the Community Foundation of Greater Dubuque, submitting the Project HOPE Core Committee meeting minutes of 232 Regular Session, August 6, 2012 Book 142 July 19, 2012. Upon motion the documents were received and filed. Purina Drive Weigh Scale House - Project Acceptance: City Manager recommending acceptance of the Purina Drive Weigh Scale House Project, as completed by Stumpf Con- struction. Upon motion the documents were received and filed and Resolution No. 205 -12 Accepting the Purina Drive Weigh Scale House Building Project and authorizing the payment of the final contract amount to the contractor was adopted. RESOLUTION NO. 205 -12 ACCEPTING THE PURINA DRIVE WEIGH SCALE HOUSE BUILDING PROJECT AND AUTHORIZING THE PAYMENT OF THE FI- NAL CONTRACT AMOUNT TO THE CON- TRACTOR Whereas, the Public Improvement Contract for the Purina Drive Weigh Scale House Build- ing Project (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay the Contractor from the Gen- eral Fund appropriation for the final contract amount $127,605.08 less any retained per- centage provided for therein as provided in Iowa Code chapter 573, and to pay such re- tainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 6th day of August, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Tower Lease Agreement - Dubuque Coun- ty 911 and Radio Dubuque, Inc.: City Manager recommending approval of a Tower Lease Agreement among the City of Dubuque, the Dubuque County Joint E911 Board and Radio Dubuque, Inc. to locate Emergency Communi- cations radio and Police MCT radio equipment on the Radio Dubuque, Inc. tower. (This item was removed from the agenda). 2012 Justice Assistance Grant (JAG) Ap- plication: City Manager recommending ap- proval of the 2012 Justice Assistance Grant (JAG) application. Upon motion the documents were received, filed, and approved. InterCity Bus Grant Application: City Man- ager recommending approval to submit an application to the Iowa Department of Trans- portation Office of Public Transit for an Inter - City Bus Assistance Program grant to help with the build -out of the intercity bus portion of the Intermodal Center/Terminal. Upon motion the documents were received, filed, and ap- proved. Beneficial Reuse Management, LLC - Handling Agreement: City Manager recom- mending approval of a storage and handling agreement with Beneficial Reuse Manage- ment, LLC to store gypsoil in the industrial riverfront area. Upon motion the documents were received, filed, and approved. Gavilon Grain, LLC - Salt Handling Con- tract: City Manager recommending approval of a salt handling contract with Gavilon Grain, LLC for the 2012 -2013 Season. Upon motion the documents were received, filed, and ap- proved. Quarterly Investment Report: City Manager transmitting the June 30, 2012 Quarterly In- vestment Report. Upon motion the documents were received and filed. Request for Proposals - Dubuque Regional Airport Utilities Extension: City Manager rec- ommending authorization to release a Request for Proposals for the design of the utility exten- sions to the Dubuque Regional Airport. Upon motion the documents were received, filed, and approved. Mentor Engineering, Inc. - Contract Amendment: City Manager recommending approval of an amended contract with Mentor Engineering, Inc. for ITS equipment purchase and installation for The Jule. Upon motion the documents were received, filed, and approved. Improvement Contracts / Performance, Payment and Maintenance Bonds: Heiar Brothers Fencing contract for the Murphy Park Fencing Project. Upon motion the documents were received and filed. Signed Contracts: Strand Associates Change Order No. 16 for the Water Pollution Control Plant Modifications Project, Ted Stack - is Construction Quotation for the Fire Hydrant Painting Program Phase II, Towing Services Contract Extension with Wenzel Towing. Upon motion the documents were received and filed. Book 142 Regular Session, August 6, 2012 233 Alcohol License Applications: City Manager recommending approval of annual liquor, beer, and wine licenses applications as submitted. Upon motion the documents were received and filed and Resolution No. 206 -12 Approving applications for beer, liquor, and /or wine per- mits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Reg- ulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 206 -12 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND /OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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 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 bonds and otherwise complied with the re- quirements 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 author- ized and directed to cause to be issued the following named applicants and permit types. NEW Holy Spirit Church, 2921 Central Ave., Class C Beer (Sunday) Kwik Stop Food Mart, 2255 Kerper Blvd., Class C Beer, Class B Native Wine (Sunday) Mandolin Inn, The, 199 Loras Blvd., Class B Native Wine (Sunday) National Mississippi River Museum & Aquarium, 350 E Third St., Class C Liquor (Catering) (Outdoor) (Sunday) Ron's Discount Smokes & Bev. Center # 1, 3300 Asbury Rd., Class C Beer, Class B Na- tive Wine (Sunday) Shannon's Bar & Grill, 521 E 22nd St., Class C Liquor (Sunday) Star Restaurant and Ultra Lounge, 600 Star Brewery Dr., Suite 200, Class C Liquor, Class B Wine (Carryout Wine) (Outdoor) (Ca- tering) (Sunday) Texas Roadhouse, 845 Wacker Dr., Class C Liquor (Outdoor) (Catering) (Sunday) Bell Tower Productions, 2728 Asbury Rd., Special Class C Liquor (BeerNVine) (Sunday) The Lift, 180 Main St., Class C Liquor (Sunday) SPECIAL EVENTS American Legion Post #6, 1306 Delhi St., Class C Liquor (Outdoor) Clarke University, Right side of Kehl Cen- ter by tennis courts, Class C Liquor (Outdoor) Camp Albrecht Acres of the Midwest, Al- liant Amphitheatre -Port of Dubuque, Special Class C Liquor (BeerNVine) (Outdoor) Dubuque Jaycees, Inc. (Dubuque Blue- grass Festival), A.Y. McDonald Park, Class B Beer, Class C Native Wine (On- Premise Na- tive Wine)(Includes Wine Coolers)(Outdoor) (Sunday) Summer's Last Blast, Town Clock Plaza, Class B Beer (Outdoor) (Includes Wine Cool- ers) Dubuque Area Labor - Management Coun- cil, Town Clock Plaza, Class C Liquor (Out- door) Dubuque County Fine Arts Society, Voices From The Warehouse District, Special Class C Liquor (BeerNVine) (Outdoor) (Sunday) Passed, approved and adopted this 6th day of August, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ITEMS TO BE SET FOR PUBLIC HEARING Motion by Connors to receive and file the documents, adopt the resolutions, set the pub- lic hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Braig. Motion carried 7 -0 Downtown Urban Renewal District Amendment: City Manager recommending adoption of a Resolution of Necessity that be- gins the process of amending the Urban Re- newal Plan for the Greater Downtown Urban Renewal District to expand the District to in- clude the area generally known as North Kerper Boulevard and that a public hearing on the proposed amendment be set for October 1, 2012. Upon motion the documents were re- ceived and filed and Resolution No. 207 -12 Resolution of Necessity finding that certain areas adjacent to the Greater Downtown Ur- ban Renewal District meet the definition of an Economic Development Area under the Urban Renewal Law, and that development of said areas is necessary in the interest of the resi- dents of the City of Dubuque, Iowa was adopt- ed setting a public hearing for a meeting to commence at 6:30 p.m. on October 1, 2012 in the Historic Federal Building. RESOLUTION NO. 207 -12 OF NECESSITY FINDING THAT CERTAIN AREAS ADJACENT TO THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT MEET THE DEFINITION OF AN ECONOMIC DEVELOPMENT AREA UNDER THE URBAN 234 Regular Session, August 6, 2012 Book 142 RENEWAL LAW, AND THAT DEVELOP- MENT OF SAID AREAS IS NECESSARY IN THE INTEREST OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA. Whereas, the City Council of the City of Dubuque has heretofore approved the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District (the "District") in order to provide rede- velopment opportunities which will further the purposes and objectives of the foregoing Ur- ban Renewal Plan; and Whereas, the City Council has found that certain areas adjacent to the District meet the definition of an economic development area as found in Chapter 403 "Urban Renewal' of the Iowa Code; and Whereas, Chapter 403 of the Iowa Code requires that before urban renewal authority may be exercised, a City Council must adopt a resolution of necessity finding that the area in question is a slum, blighted or economic de- velopment area, and that so designating such area is necessary in the interest of the public health, safety or welfare of the residents of the municipality. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the North Kerper Boulevard Sub -area generally described in Exhibit A to this Resolution, which is proposed to be added to the Greater Downtown Urban Renewal Dis- trict, is an economic development area as de- fined by Chapter 403 of the Iowa Code and is appropriate for an urban renewal project. Section 2. That the combination of the Greater Downtown and Quebecor Urban Re- newal Districts, under a single, comprehensive Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, and the development of such areas under said Amended and Restated Urban Re- newal Plan, are necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning and local community objectives. Section 3. That the City Manager is author- ized and directed to prepare an Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District to accom- plish the foregoing purposes and objectives, to include in such Plan any appropriate project activities and details, to forward said Plan to the City's Long Range Planning Advisory Commission for review and comment, and to begin the consultation process required by law with affected taxing entities. Section 4. That the City Clerk is directed to publish notice of a public hearing on the adop- tion of the proposed Amended and Restated Urban Renewal Plan for the Greater Down- town Urban Renewal District to be held on October 1, 2012 at 6:30 p.m. in the Historic Federal Building, 350 West 6th Street, Dubu- que, Iowa 52001 and that said notice shall generally identify the areas covered by the Amended and Restated Plan, the areas pro- posed to be added to the District, and the gen- eral scope of the urban renewal activities planned for such areas, and that said notice shall be published and available to the public not less than four days nor more than twenty days before the date of said meeting. A copy of the notice of public hearing shall be sent by ordinary mail to the affected taxing entities. Section 5. That the City Clerk is further di- rected to send by ordinary mail a copy of said Plan and notice of public hearing to the Dubu- que Community School District and the County Board of Supervisors, as the affected taxing entities. Passed, approved and adopted this 6th day of August, 2012. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk Sale of Property - 1777 Washington Street: City Manager recommends setting a public hearing be set for August 20, 2012, on the sale of 1777 Washington Street to Alberto Luna. Upon motion the documents were received and filed and Resolution No. 208 -12 Resolu- tion of Intention to Dispose of City -owned property, specifically, Lot 2 of Lot 2 of the East '/% of Lot 90; and Lot 1 of Lot 1 of the East I/2 of Lot 91; in East Dubuque Addition, in the City of Dubuque, Iowa, according to the recorded plat thereof - 1777 Washington Street, was adopt- ed setting a public hearing for a meeting to commence at 6:30 p.m. on August 20, 2012 in the Historic Federal Building. RESOLUTION NO. 208 -12 INTENTION TO DISPOSE OF CITY -OWNED PROPERTY, SPECIFICALLY, LOT 2 OF LOT 2 OF THE EAST 1/2 OF LOT 90; AND LOT 1 OF LOT 1 OF THE EAST 1/2 OF LOT 91; IN EAST DUBUQUE ADDITION, IN THE CITY OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF — 1777 WASH- INGTON STREET Whereas, the City of Dubuque, implement- ing the Washington Neighborhood Revitaliza- tion Strategy, has acquired certain properties for the purpose of their rehabilitation and re- sale to income - qualifying owner- occupants; and Whereas, the Historic Washington Row Houses were acquired for this purpose; and Whereas, by accepting an offer to pur- chase for this property the City's objective for providing first -time home ownership to a quali- fying buyer can be achieved. Book 142 Regular Session, August 6, 2012 235 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa, intends to dispose of its interest in the follow- ing legally- described property: Lot 2 of Lot 2 of the East '/% of Lot 90; and Lot 1 of Lot 1 of the East I/2 of Lot 91; in East Dubuque Addition. Section 2. That the City of Dubuque, Iowa, proposes to dispose of its interest in the above - described real property to Alberto Luna, for the sum of $85 000. Section 3. That the City Clerk is hereby au- thorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 for a public hearing on the City's intent to dispose of the above - described property, to be held on August 20, 2012, at 6:30 pm at the Federal Building, 350 West 6th St., Dubuque, Iowa. Passed, approved and adopted this 6th day of August, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Sale of Property - 2312 Washington Street: City Manager recommending setting a public hearing for August 20, 2012, on the sale of 2312 Washington Street to Judie E. Root. Up- on motion the documents were received and filed and Resolution No. 209 -12 Resolution of intention to dispose of City -owned property, Lot 1 Bee Branch Sub. No. 4, in the City of Dubuque, Iowa according to the recorded plat thereof - 2312 Washington Street, was adopt- ed ssetting a public hearing for a meeting to commence at 6:30 p.m. on August 20, 2012 in the Historic Federal Building. RESOLUTION NO. 209 -12 INTENTION TO DISPOSE OF CITY -OWNED PROPERTY, LOT 1 BEE BRANCH SUB. NO. 4, IN THE CITY OF DUBUQUE, IOWA, AC- CORDING TO THE RECORDED PLAT THEREOF — 2312 WASHINGTON STREET Whereas, the City of Dubuque, has ac- quired certain real properties in connection with the Bee Branch Creek Re- Alignment Pro- ject; and Whereas, THE City has received an offer to purchase this property from Judie E. Root; and Whereas, by accepting an offer to pur- chase for this property the City's objective for providing homeownership to a qualifying buyer can be realized. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa, intends to dispose of its interest in the follow- ing legally- described property: "Lot 1 Bee Branch Sub. No. 4 in the City of Dubuque, Iowa, according to the recorded plat thereof." Section 2. That the City of Dubuque, Iowa, proposes to dispose of its interest in the above - described real property to Judie E. Root, for the sum of $75 000. Section 3. That the City Clerk is hereby au- thorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 for a public hearing on the City's intent to dispose of the above - described property, to be held on 20th day of August, 2012, at 6:30 pm at the Federal Build- ing, 650 West Locust, Dubuque, Iowa. Passed, approved and adopted this 6th day of August, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Vacating Petition - 2500 Kerper Blvd.: City Manager recommending approval of a request to vacate a portion of Kerper Blvd abutting Key City Plating at 2500 Kerper Blvd. for a pur- chase price of $3,915, plus platting, publication and filing fees, and recommends that a public hearing be set for August 20, 2012, on the disposal of this property. Upon motion the documents were received and filed and Reso- lution No. 210 -12 Approving a plat of the pro- posed vacating of a portion of Kerper Boule- vard; and Resolution No. 211 -12 Resolution of intent to vacate and dispose of city interest in a portion of Kerper Boulevard, to be known as Lot 2A of McGraw -Hill Key City Plating Re -Plat in the City of Dubuque, Dubuque, County, Io- wa were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 20, 2012 in the Historic Federal Building. RESOLUTION NO. 210 -12 APPROVING A PLAT OF THE PROPOSED VACATING OF A PORTION OF KERPER BOULEVARD Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated July 23, 2012 prepared by Schnei- der Land Surveying & Planning, Inc., describ- ing a proposed vacated portion of Kerper Boulevard to be known as Lot 2A of McGraw - Hill, Key City Plating Replat in the City of Dubuque, Dubuque, County, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated July 23, 2012 prepared by Schneider Land Surveying & Planning Inc., relative to the real estate here - inabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to 236 Regular Session, August 6, 2012 Book 142 execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining a storm sewer, as may be authorized by the City of Dubuque, Iowa as shown on the plat of Lot 2A of McGraw -Hill, Key City Plating Replat in the City of Dubuque, Dubuque, County, Iowa Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 6th day of August, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 211 -12 INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN A PORTION OF KERPER BOULEVARD, TO BE KNOWN AS LOT 2A OF MCGRAW -HILL KEY CITY PLATING REPLAT IN THE CITY OF DUBUQUE, DUBUQUE, COUNTY, IOWA Whereas, Rich Conlon has requested the vacating and disposal of a portion of Kerper Boulevard; and Whereas, Schneider Land Surveying & Planning, Inc. has prepared and submitted to the City Council a plat showing a proposed vacated portion of Kerper Boulevard and as- signed a lot number thereto, which hereinafter shall be known and described as Lot 2A of McGraw -Hill, Key City Plating Replat in the City of Dubuque, Dubuque, County, Iowa in the City of Dubuque, Dubuque County, Iowa, should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque in- tends to vacate and dispose of its interest in Lot 2A of McGraw -Hill, Key City Plating Replat in the City of Dubuque, Dubuque, County, Io- wa. Section 2. That the conveyance of Lot 2A of McGraw -Hill, Key City Plating Replat in the City of Dubuque, Dubuque, County, Iowa to Rick Conlon, L.L.C. be contingent upon the payment of $3915.00, plus platting, publica- tion, and filing fees. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to vacate and dispose of said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this 6th day of August, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS /COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions; applicant ap- pointments will be made at the next City Council meeting. Airport Commission: One 4 -year term through September 14, 2016 (Expiring term of Wagner). Applicants: Amy Wagner, 4555 Camelot Dr.; Robert J. Blocker, 880 Kane St. Mr. Blocker spoke in support of his appoint- ment. Historic Preservation Commission: Three 3 -year terms: One Architect At -Large term (vacant term of Wand effective September 1, 2012) through July 1, 2014; One At -Large term (expired term of Krueger) through July 1, 2015; One Cathedral District term (vacant interim term of Krey) through July 1, 2014. Applicants: Otto Krueger, 2521 Wheatland Drive (qualifies for At -Large or Interim Cathedral District); Julie Schlarman, 1599 Bluff St. (qualifies for At- Large or Interim Cathedral District); Benjamin Beard, 1854 Churchill St. (qualifies for all three positions). Ms. Schlarman, Mr. Beard, and Ms. Monk spoke in support of their respective ap- pointments. Housing Commission: Three 3 -year terms through August 17, 2015 (Expiring terms of Culbertson and Holz and vacant term of Ron - ek). Applicants: Dorothy Culbertson, 2095 Uni- versity Ave.; Anna S. Fernandes, 2191 Broad - lawn Rd.; Jim Holz, 3010 Indiana Court PUBLIC HEARINGS Upon motion the rules were suspended al- lowing anyone present to address the City Council. 5 Points Signal Reconstruction Project Re- bid: Proof of publication on notice of public hearing to consider approval of the plans and specifications, form of contract and estimated cost for the 5 Points Traffic Signal Reconstruc- tion Project and the City Manager recommend- ing approval. Motion by Connors to receive and file the documents and adopt Resolution No. 212 -12 Approval of plans, specifications, form of contract, and estimated cost for the 5 Points Traffic Signal Reconstruction Project — Rebid. Seconded by Lynch. Connors ex- pressed concerns to Traffic Engineer Dave Ness about increased traffic on Elm Street approaching the 5 Points intersection resulting Book 142 Regular Session, August 6, 2012 237 from redevelopment of the Historic Millwork District. Motion carried 7 -0. RESOLUTION NO. 212 -12 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE 5 POINTS TRAFFIC SIG- NAL RECONSTRUCTION PROJECT - REBID NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the 5 Points Traffic Signal Reconstruction Project, in the estimated amount $180,215.30, are hereby approved. Passed, adopted and approved this 6th day of August, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ARC Transfer Center Phase I Project: Proof of publication on notice of public hearing to consider the approval of the plans, specifi- cations, form of contract and the estimated cost for the ARC Transfer Center Phase I Canopy — 2012 Project and the City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 213 -12 Approval of plans, specifications, form of contract, and estimated cost for the ARC Transfer Center Phase I Canopy - 2012 Project. Seconded by Braig. Motion carried 7 -0. RESOLUTION NO. 213 -12 ARC TRANSFER CENTER PHASE I CANO- PY — 2012 PROJECT APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATED COST FOR THE ARC TRANSFER CENTER PHASE I CANO- PY — 2012 PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the ARC Transfer Center Phase I Canopy - 2012 Pro- ject, in the estimated amount of $223,516, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 6th day of August, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated lim- iting discussion to the City Council. ACTION ITEMS Automated Traffic Enforcement (Second Reading): City Manager recommending ap- proval of Automated Traffic Enforcement for the City of Dubuque. Mayor Buol read from a prepared statement. Motion by Braig to table indefinitely a pro- posed ordinance amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic by adding a New Chapter 17 Automatic Traffic Enforcement, Providing for Automatic Traffic Enforcement and Establishing Penalties for Violations. Seconded by Jones. Respond- ing to questions from City Council, City Attor- ney Lindahl stated that while this item is tabled to a date uncertain, a Council Member may request that it be brought back before the Council at any time. Motion carried 7 -0. Meter District Amendment - Historic Mill- work District: City Manager recommending approval of an ordinance expanding the Down- town Meter District to include White Street from 5th Street to 11th Street on both sides, 8th Street both sides White Street to Washington, 9th Street both sides White Street to Elm Street, 10th Street both sides from White Street to Elm Street, 11th Street both sides from White Street to Elm Street, Jackson Street both sides from 8th Street to 11th Street, and Washington Street both sides from 8th Street to 11th Street. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Motion failed 5 -2 with Lynch and Sutton voting nay. Motion by Connors to consider the first reading of a proposed ordinance amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Park- ing, Section 9 -14- 321.666 Municipal Parking Meter District Established by Expanding the Downtown Meter District. Seconded by Braig. Motion carried 5 -2 with Lynch and Sutton vot- ing nay. Request for Proposals - Financial Advisor: City Manager recommending approval of Piper Jaffray for financial advisor services for City of Dubuque in connection with issuing bonds for future projects, bond refundings, and debt ca- pacity, debt structuring and cashflow analysis. Motion by Connors to receive and file and ap- prove the recommendation. Seconded by Braig. Responding to questions from City Council, Budget Director Jenny Larson stated that the City's previous financial advisor was PFM whose contract expired in May. Motion carried 7 -0. Iowa Economic Development Authority (IEDA) and Rousselot, Inc. Contract: City Manager recommending approval of the sub- 238 Regular Session, August 6, 2012 Book 142 mission of a Financial Assistance Application to the Iowa Economic Development Authority (IEDA) on behalf of Rousselot, Inc. Motion by Jones to receive and file the documents and adopt Resolution No. 214 -12 Authorizing the filing of an application for state financial assis- tance on behalf of Rousselot, Inc. Seconded by Braig. Motion carried 7 -0. RESOLUTION NO. 214 -12 AUTHORIZING THE FILING OF AN APPLI- CATION FOR STATE FINANCIAL ASSIS- TANCE ON BEHALF OF ROUSSELOT, INC. Whereas, Rousselot, Inc. has proposed a $16 million expansion of its Dubuque facility; and Whereas, the City Council of Dubuque, Io- wa has considered said proposal and has de- termined that the proposed project will contrib- ute to the local economy through the creation of 10 additional jobs; and Whereas, the Iowa Economic Development Authority's Financial Assistance Program was designed to assist in the economic develop- ment efforts of local jurisdictions; and Whereas, the City of Dubuque, Iowa is eli- gible to apply for funding from the Iowa Eco- nomic Development Authority's Financial As- sistance Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the filing of an application for participation in the Iowa Economic Devel- opment Authority's Financial Assistance Pro- gram on behalf of Rousselot, Inc. is hereby approved. Section 2. That a ten year tax increment fi- nancing local match identified in the applica- tion will be provided, subject to approval by the Iowa Economic Development Authority and further action by the City Council. Section 3. That the Mayor is hereby au- thorized to execute and the City Manager is hereby directed to submit said application to the Iowa Economic Development Authority together with such documents as may be re- quired. Passed, approved, and adopted this 6th day of August, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Intermodal Transportation Design Award: City Manager recommending authorization to contract with Neumann Monson for the final design and for construction oversight of the Intermodal Transportation Campus. This item was removed from the agenda. REAP Annual Plan, Representative, and Grant Application: City Manager recommend- ing approval of the City of Dubuque's Fiscal Year 2013 update to the Dubuque County Re- source Enhancement and Protection (REAP) Plan and grant application for development of the E.B. Lyons Interpretive Area Addition at the Mines of Spain. Motion by Connors to re- ceive and file the documents and adopt Reso- lution No. 215 -12 Authorizing REAP grant ap- plication to the Iowa Department of Natural Resources for E. B. Lyons Interpretive Area Addition at the Mines of Spain. Seconded by Jones. Motion carried 7 -0. RESOLUTION NO. 215 -12 AUTHORIZING REAP GRANT APPLICA- TION TO THE IOWA DEPARTMENT OF NATURAL RESOURCES FOR DEVELOP- MENT OF E. B. LYONS INTERPRETIVE AR- EA ADDITION AT THE MINES OF SPAIN Whereas, the Iowa Department of Natural Resources (IDNR) has allocated grant funds in the REAP (Resource Enhancement and Pro- tection) Program for the development of recre- ational areas; and Whereas, the City of Dubuque 2008 Com- prehensive Plan includes an objective for ex- pansion of the E.B. Lyons Interpretive Area and the Mines of Spain. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor hereby is authorized to sign and the Planning Services Manager is hereby authorized to submit an application to the IDNR for REAP funds for development of the E. B. Lyons Interpretive Area Addition at the Mines of Spain. Section 2. That in the event said applica- tion is approved, the City Council hereby pro- vides its written assurance that the completed project will be adequately maintained for its intended use in accordance with state re- quirements. Passed, approved and adopted this 6th day of August, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Mullen Road Name Change: Citizen corre- spondence related to changing the spelling of Mullen Road to Mullin Road. Motion by Jones to receive and file the documents and proceed with changing the name and street signs. Se- conded by Lynch. Motion carried 7 -0. PUBLIC INPUT Mike Heitz, 2891 North Ridge Road; Laura Bies, 17136 Cedar Cross Road; and Shane Duggan, 2005, Simpson Street, each spoke in support of updating the current skate park at McAleece Park and adding more parks around Book 142 Special Session, August 20, 2012 239 the city. They believed that the current park is outdated and unsafe and should be updated with technology which has improved since the park opened. They asked that the expense be considered in the upcoming budget process and Council goal setting. Leo Broughton, Tour Dubuque, 195 Main Street, provided information on Tour Dubu- que's green form of Trikke transportation ask- ing that it be considered for use by other enti- ties in the City including government. There being no further business, upon mo- tion the City Council adjourned at 7:27 p.m. Kevin S. Firnstahl, CMC City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 4:30 p.m. on August 20, 2012 at the Water & Resource Recovery Center, 795 Ju- lien Dubuque Drive. Present: Mayor Buol; Council Members Braig, Lynch, Sutton; City Manager Van Milli - gen. Council Members Jones and Resnick, and City Attorney Lindahl joined at 4:40 p.m. Absent: Council Member Connors Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a work session tour of the Water & Resource Recovery Center Renovation Project. WORK SESSION Tour — Water & Resource Recovery Center Water & Resource Recovery Center Man- ager Jonathon Brown and Adam Klass of Unison Solutions provided a tour of portions of the interior and exterior areas of the W &RRC and provided an overview of the functions of each area. Highlights included the laboratory, recovered waste water used for the heat- ing /cooling system and the anaerobic digester and methane gas processing systems. There being no further business, upon mo- tion the City Council adjourned at 5:15 p.m. Kevin S. Firnstahl, CMC City Clerk 240 Regular Session, August 20, 2012 Book 142 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on August 20, 2012 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig (joined at 6:36 p.m.), Connors, Jones, Lynch, Resnick, Sutton; City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the Council. PLEDGE OF ALLEGIANCE MOMENT OF SILENCE PROCLAMATIONS Irish Hooley Day (August 25, 2012) was accepted by Mayor Buol; Civic Awareness Month (September 2012) was accepted by Mayor Buol; Life Insurance Awareness Month (September 2012) was accepted by Ron McDonald of Bradley Beck & McDonald and the Dubuque Association of Insurance and Financial Advisors; and Rod Bremer of North- western Mutual Life Insurance Company; Unit- ed Way Campaign Time (September 2012) was accepted by Campaign Co -Chair Judy Wolf, 215 W. 6th Street. PRESENTATION City Manager Van Milligen introduced Alvin Nash, the newly appointed Housing and Community Development Department Director. Mr. Nash spoke regarding his background and qualifications. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Resnick. Scott Kunde of Wenzel Towing, 3195 Hughes Court requested ( #16) 2013 -2015 Towing Contract Recommendation be held for separate discus- sion. Motion carried 7 -0. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 6/26, City Council proceedings of 8/6, Investment Oversight Advisory Commission of 7/25, Li- brary Board of Trustees of 6/8, Park and Rec- reation Advisory Commission of 12/13/11 through 7/10/12 and Work Session of 7/24, Zoning Advisory Commission of 8/1, Zoning Board of Adjustment of 7/26, Proof of publica- tion for City Council proceedings of 7/16. Upon motion the documents were received and filed. Notice of Claims and Suits: Melissa and Chad Driscoll for property damage and Spahn & Rose Lumber, Co. vs. City of Dubuque for property damage at 925 Kerper Blvd. Upon motion the documents were received, filed and referred to the City Attorney. Disposition of Claims: City Attorney advis- ing that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Melissa Driscoll for property damage. Upon motion the documents were received, filed and concurred. U.S. Department of Housing and Urban Development (HUD): Correspondence from Yolanda Chaves, Deputy Assistant Secretary for Grant Programs with HUD, requesting that the City resolve all open Community Develop- ment Block Grant (CDBG) activities as identi- fied in the Inspector General's 2011 audit of the CDBG program. Upon motion the docu- ments were received, filed and referred to the City Manager. Dubuque Arboretum and Botanical Gar- dens: Correspondence from Jack Frick, Board President of the Dubuque Arboretum and Bo- tanical Gardens thanking the City for the grant that was received through the Dubuque Met- ropolitan Area Solid Waste Agency (DMASWA) applied toward materials and labor of six recycling bins. Upon motion the docu- ment was received and filed. Sustainable Dubuque Project Status Up- date: City Manager submitting the Sustainable Dubuque Project Status Update for July 2012. Upon motion the documents were received and filed. 5 Points Traffic Signal Reconstruction Pro- ject Rebid Award: City Manager recommend- ing bid award of the 5 Points Traffic Signal Reconstruction Project to the low bidder, Porten Construction. Upon motion the docu- ments were received and filed and Resolution No. 216 -12 Awarding construction contract for 5 Points Traffic Signal Reconstruction Rebid Project was adopted. Book 142 Regular Session, August 20, 2012 241 RESOLUTION NO. 216 -12 AWARDING CONSTRUCTION CONTRACT FOR 5 POINTS TRAFFIC SIGNAL RECON- STRUCTION REBID PROJECT Whereas, sealed proposals have been submitted by contractors for the 5 Points Traf- fic Signal Reconstruction Rebid Project pursu- ant to Resolution No. 212 -12 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 20th day of July, 2012.; and Whereas, said sealed proposals were opened and read in the on the 9th day of Au- gust, 2012, and it has been determined that Portzen Construction, Inc. of Dubuque, Iowa with a bid in the amount of $149,432.00, is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Contract for the Project is hereby awarded to, Portzen Construction, Inc. and the City Manager is hereby directed to execute a Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 20th day of August, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk Citizen Correspondence — That's My Dog: Correspondence from Robin MacFarlane, President of That's My Dog, in favor of repeal- ing the ban on dogs in City parks. Upon motion the documents were received and filed. Phase VI Historical /Architectural Survey and Evaluation Grant Application: City Manag- er recommending approval of a State Historic Preservation Office for Historic Resource De- velopment Program grant funds application for the Phase VI Historic /Architectural Survey and Evaluation. Upon motion the documents were received and filed and Resolution No. 217 -12 Authorizing HRDP Grant Application to the State Historical Society of Iowa for Phase VI Historic /Architectural Survey and Evaluation was adopted. RESOLUTION NO. 217 -12 AUTHORIZING HRDP GRANT APPLICA- TION TO THE STATE HISTORICAL SOCIE- TY OF IOWA FOR PHASE VI HISTOR- IC /ARCHITECTURAL SURVEY AND EVAL- UATION. Whereas, the State Historical Society of Iowa has determined historic /architectural sur- veys and evaluations are eligible for Historic Resource Development Program (HRDP) funds; and Whereas, the City of Dubuque is a Certi- fied Local Government (CLG) in good standing and has approved a phased program for his- toric /architectural surveys and evaluations in the community. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is authorized to sign and submit the application to the State Historical Society of Iowa for HRDP Grant Funds for the Phase VI Historic /Architectural Survey and Evaluation project Section 2. That the City of Dubuque agrees to abide by all local, state and federal require- ments applicable to the proposed budget. Passed, approved and adopted this 20th day of August, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Dubuque County Multi- Jurisdictional Haz- ard Mitigation Plan: City Manager recommend- ing adoption of the Dubuque County -Wide Multi - Jurisdictional Hazard Mitigation Plan, as completed by the East Central Intergovern- mental Association. Upon motion the docu- ments were received and filed and Resolution No. 218 -12 Approving the adopting of the Dubuque County Multi - Jurisdictional Hazard Mitigation Plan, and requesting approval of Plan at the federal level was adopted. RESOLUTION 218 -12 APPROVING THE ADOPTING OF THE DUBUQUE COUNTY MULTI - JURISDICTIONAL HAZARD MITIGATION PLAN, AND REQUEST APPROVAL OF PLAN AT THE FEDERAL LEVEL Whereas, the Federal Disaster Mitigation Act of 2000 was signed in to law October 30, 2000, placing new emphasis on state and local mitigation planning for natural hazards and requiring communities to adopt a hazard miti- gation action plan to be eligible for pre- disaster and post- disaster federal funding for mitigation purposes; and Whereas, a Multi - jurisdictional Hazard Mit- igation Plan was prepared by Dubuque County with assistance from East Central Intergov- ernmental Association (ECIA) of Dubuque, Iowa, which includes the City of Dubuque.; and Whereas, the purpose of the mitigation plan was to lessen the effects of disasters by increasing the disaster resistance of the Coun- ty and participating jurisdictions located within the planning boundary by identifying the haz- ards that affect the County and prioritize miti- gation strategies to reduce potential loss of life and property damage from those hazards, and Whereas, FEMA regulations require docu- mentation that the plan has been formally adopted by the governing body of the City of Dubuque in the form of a resolution and further 242 Regular Session, August 20, 2012 Book 142 requesting approval of the plan at the Federal Level. NOW, THEREFORE, the governing body of the City of Dubuque does herewith adopt the Dubuque County Multi- jurisdictional Haz- ard Mitigation Plan in its entirety and request approval of the plan at the Federal Level. Passed and approved this 20th day of Au- gust, 2012. Roy D. Buol, Mayor Attest: Ken Firnstahl, City Clerk Explosives Detection K9 Acquisition: City Manager recommending acquisition of an ex- plosives detection K9. Upon motion the docu- ments were received, filed, and approved. Human Rights Commission: Commissioner Kurt Hansen submitting his resignation from the Human Rights Commission. Upon motion the document was received, filed and the res- ignation accepted. Final Plat - Patricia Ann Acres Subdivision No. 3: Zoning Advisory Commission recom- mending approval of the Final Plat of Patricia Ann Acres Subdivision No. 3 subject to waiv- ing lot frontage for Lot 6. Upon motion the documents were received and filed and Reso- lution No. 219 -12 Approving the Final Plat of Patricia Ann Acres Subdivision No. 3 in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 219 -12 APPROVING THE FINAL PLAT OF PATRI- CIA ANN ACRES SUBDIVISION NO. 3 IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk the Final Plat of Patricia Ann Acres Sub- division No. 3 in the City of Dubuque, Iowa; and Whereas, said Final Plat provides 0 feet of frontage for Lot 6 on a public street or an ap- proved private street, where 50 feet is required by Section 11 -14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code; and Whereas, said Final Plat has been exam- ined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Final Plat has been exam- ined by the City Council and they find that it conforms to the statues and ordinances relat- ing to it. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 11 -14 of Title 16 of the City of Dubuque Code of Ordinances, Uni- fied Development Code, is waived to allow 0 feet of frontage on a public street or an ap- proved private street for Lot 6. Section 2. That the Final Plat of Patricia Ann Acres Subdivision No. 3 is hereby ap- proved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said final plat. Passed, approved and adopted this 20th day of August, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Smart Growth Development Funding: City Manager recommending that the City contrib- ute $2,000 from the Economic Development Department Federal Initiatives budget to statewide Smart Growth Development as they try to improve the funding levels for historic rehabilitation projects. Upon motion the docu- ments were received, filed, and approved. AmeriCorps Partners in Learning Grant Award 12 -13 (Grant 12- AC -13): City Manager recommending approval of the grant agree- ment with the Iowa Commission on Volunteer Service for the City of Dubuque AmeriCorps Program. Upon motion the documents were received, filed, and approved. 2013 -2015 Towing Contract — Recommen- dation: City Manager recommending the award of the City of Dubuque 2013- 2015 Towing Contract to Burt Steve and Son Garage, Inc. Restated motion by Connors to receive and file the documents and approve the recommenda- tion. Seconded by Lynch. Scott Kunde of Wenzel Towing, 3195 Hughes Court, cited several concerns he had with the evaluation process and why he believed the selected vendor did not meet the required bid criteria. Assistant Police Chief Terry Tobin responded to questions from City Council and explained the selection committee's evaluation process and reasoning. Motion carried 7 -0. Ramona Street - Project Acceptance: City Manager recommending acceptance of the public improvement and authorization of the final payment for the Ramona Street and Pamela Court Panel Replacement Project. Upon motion the documents were received and filed and Resolution No. 220 -12 Accepting the Ramona Street Panel Replacement, from Mt. Loretta to Adeline Street Project, and au- thorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 220 -12 ACCEPTING THE RAMONA STREET PAN- EL REPLACEMENT, FROM MT LORETTA TO ADELINE STREET PROJECT AND AU- THORIZING THE PAYMENT OF THE CON- TRACT AMOUNT TO THE CONTRACTOR Book 142 Regular Session, August 20, 2012 243 Whereas, the Public Improvement Contract for the Ramona Street Panel Replacement, from Mt. Loretta to Adeline Street Project (the Project) has been completed and the City En- gineer has examined the work and filed a cer- tificate stating that the Project has been com- pleted according to the terms of the Public Improvement Contract and that the City Engi- neer recommends that the Project be accept- ed. 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 Ra- mona /Pamela Joint Repair Capital Improve- ment Project appropriations for the contract amount of $81,483.21 less any retained per- centage provided for therein as provided in Iowa Code chapter 573, and to pay such re- tainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 20th day of August, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk Improvement Contracts / Performance, Payment and Maintenance Bonds: Tom Kueter Construction, Co., Inc. for Dubuque Industrial Center South Grading and Utilities 2012 Phase I Rebid. Upon motion the documents were received and filed. University of Dubuque "Light Up Chalmers" - 2012 Fireworks Request: Correspondence from Ross Salwolke, Security Officer for The University of Dubuque, requesting permission to conduct a fireworks display on September 1, 2012 at starting approximately 9:25 p.m. on the baseball field at the south point of the left field line. Upon motion the document was re- ceived, filed, and approved. Business License Refund: Request of Mi- chael Schmidt for a refund of the liquor license for Bowling & Beyond in the amount of $422.50. Upon motion the documents were received, filed, and approved. 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. 221 -12 Approving applications for beer, liquor, and /or wine permits, as re- quired 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 was adopted. RESOLUTION NO. 221 -12 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND /OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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 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 bonds and otherwise complied with the re- quirements 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 author- ized and directed to cause to be issued the following named applicants and permit types. RENEWALS Bandana's Bar -B -Q, 2035 JFK Rd., Special Class C Liquor (BeerNVine) (Sunday) Chances R, 1046 Central Ave., Class C Liquor (Outdoor) (Sunday) Courtside Sports Bar & Grill, 2095 Holliday Dr., Class C Liquor (Outdoor) (Sunday) Family Mart, Inc., 3201 Central Ave., Class C Beer, Class B Wine (Carryout Wine) (Sun- day) Mystique Community Ice Center, 1800 Admiral Sheehey Dr., Class C Liquor (Sunday) Tri -State Independent Blind Society Inc., 3333 Asbury Rd., Special Class C Liquor (BeerNVine) Dubuque Quick Stop Mart LLC, 1401 Cen- tral Ave., Class C Beer (Sunday) NEW My Brother's Place, 1850 Central Ave., Class C Liquor (Sunday) SPECIAL EVENT Dubuque County Fine Arts Society, 275 East 10� St., Special Class C Liquor (BeerNVine) (Outdoor) (Sunday) Dubuque County Fine Arts Society, 275 East 10� St., Special Class C Liquor (BeerNVine) (Outdoor) (Sunday? Riverfest Special Events, 7h and Main St., Class B Beer (Includes Wine Coolers) (Out- door) Clarke University of Dubuque IA, 1550 Clarke Dr., Class B Beer (Includes Wine Cool- ers) (Outdoor) Passed, approved and adopted this 20th day of August, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 244 Regular Session, August 20, 2012 Book 142 ITEMS TO BE SET FOR PUBLIC HEARING Motion by Connors to receive and file the documents, adopt the resolutions, set the pub- lic hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Lynch. Motion carried 7 -0. SEP Green Alley Project: City Manager recommending that public hearing be set for September 4, 2012 to consider the preliminary approval of plans and specifications for the SEP Green Alley Project (between Jackson and Washington Streets from 16th to 17th and between Jackson and White Streets from 17th to 18th . Upon motion the documents were received and filed and Resolution No. 222 -12 Preliminary 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 SEP Green Alley Project (between Jackson and Washing- ton Streets from 16th to 17th Streets and be- tween Jackson and White Streets from 17th to 18th Streets) was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 4, 2012 in the Historic Federal Building. RESOLUTION NO. 222 -12 SEP GREEN ALLEY PROJECT (BETWEEN JACKSON AND WASHINGTON STREETS FROM 16TH to 17TH (BETWEEN JACKSON AND WHITE STREETS FROM 17TH to 18TH PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECI- FICATIONS, 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 plans, specifications, form of contract and estimated cost for the SEP Green Alley Permeable Pavers Project — Between Jackson & Washington Streets from 16th to 17th and Between Jackson & White Streets from 17th to 18th in the estimated amount $345,468.97, are hereby preliminarily ap- proved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 4th day of September, 2012, at 6:30 p.m. in the Histor- ic Federal Building Council Chambers at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general cir- culation 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 inter- ested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The SEP Green Alley Permeable Pavers Project — Between Jackson & Washington Streets from 16th to 17th and Between Jackson & White Streets from 17th to 18th is hereby ordered to be advertised for bids for construc- tion. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bid- ders hereby approved. The City Clerk is hereby directed to adver- tise for bids for the construction of the im- provements 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 2:00 p.m. on the 6th day of September, 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 17tn day of September, 2012, in the Histor- ic Federal Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa. Passed, adopted and approved this 20th day of August, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk FedEx - Vacate of Storm Sewer: City Man- ager recommending that a public hearing be set for September 4, 2012 to consider vacating a Storm Sewer Easement and Blanket Access Easement - Lot 1 Dubuque Industrial Center North Second Addition. Upon motion the doc- uments were received and filed and Resolution No. 223 -12 Resolution of Intent to vacate and dispose of City interest in storm sewer and access easements over and across a part of Lot 1 of Dubuque Industrial Center North Sec- ond Addition in the City of Dubuque, Iowa, was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 4, 2012 in the Historic Federal Building. RESOLUTION NO. 223 -12 INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN STORM SEWER AND ACCESS EASEMENTS OVER AND ACROSS LOT 1 DUBUQUE INDUSTRIAL CENTER NORTH SECOND ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. Book 142 Regular Session, August 20, 2012 245 Whereas, 2013 Dubuque, LLC is the cur- rent owner of Lot 1 Dubuque Industrial Center North Second Addition in the City of Dubuque, Iowa; and Whereas, a storm sewer easement and a blanket access easement are currently platted on said Lot 1; and Whereas, development of said Lot 1 has established a more restricted location for storm sewer and access necessary to maintain pub- lic improvements and other City properties; and Whereas, Carl Ruedebusch representing 2013 Dubuque, LLC, has petitioned to vacate a portion of the storm sewer easement and the blanket access easement and established new easements over and across said Lot 1. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, on September 4, 2012, intends to vacate and dispose of its interest in a portion of a storm sewer easement and the blanket access easement over Lot 1 Dubuque Industrial Cen- ter North Second Addition in the City of Dubu- que, Dubuque County, Iowa, as shown on the attached Exhibit A. Section 2. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said interest to be published in the manner as prescribed by law. Passed, approved and adopted this 20th day of August, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS /COMMISSIONS Appointments made at this meeting: Airport Commission: One 4 -year term through September 14, 2016 (Expiring term of Wagner). Applicants: Amy Wagner, 4555 Camelot Dr.; Robert J. Blocker, 880 Kane St. Upon unanimous roll call vote, Amy Wagner was appointed to the Airport Commission for a 4 -year term through September 14, 2016. Historic Preservation Commission: Three 3 -year terms: One Architect term (vacant term of Wand effective September 1, 2012) through July 1, 2014; One At -Large term (expired term of Krueger) through July 1, 2015; One Cathe- dral District term (vacant interim term of Krey) through July 1, 2014. Applicants: Otto Krueger, 2521 Wheatland Drive; Julie Schlarman, 1599 Bluff St.; Benjamin Beard, 1854 Churchill St.; Christina Monk, 2005 North Main St.. Upon roll call vote Julie Schlarman (Buol, Connors, Resnick, Braig) was appointed to the Interim Cathedral Historic District position, Otto Krue- ger (Buol, Jones, Lynch, Sutton) was appoint- ed to the At -Large Position, and Christina Monk (Buol, Connors, Jones, Lynch, Resnick, Braig) was appointed to the Architect position. Housing Commission: Three 3 -year terms through August 17, 2015 (Expiring terms of Culbertson and Holz and Vacant term of Ron - ek). Applicants: Dorothy Culbertson, 2095 Uni- versity Ave.; Anna S. Fernandes, 2191 Broad - lawn Rd.; and Jim Holz, 3010 Indiana Court. Motion by Connors to appoint Dorothy Cul- bertson, Anna Fernandes, and Jim Holz to the Housing Commission for 3 -year terms through August, 17, 2015. Seconded by Braig. Motion carried 7 -0. PUBLIC HEARINGS Upon motion the rules were suspended al- lowing anyone present to address the City Council. Sale of Property - 1777 Washington Street: Proof of publication on notice of public hearing to consider the sale of property located at 1777 Washington Street to Alberto Luna and the City Manager recommending approval. Motion by Braig to receive and file the docu- ments and adopt Resolution No. 224 -12 Ap- proving the sale of real estate located at 1777 Washington Street, in the City of Dubuque, Iowa. Seconded by Jones. Motion carried 7 -0. RESOLUTION NO. 224 -12 APPROVING THE SALE OF REAL ESTATE LOCATED AT 1777 WASHINGTON STREET, IN THE CITY OF DUBUQUE, IOWA Whereas, the City acquired the property at 1777 Washington Street for the purpose of its restoration and re -sale for owner- occupied housing in the Washington Neighborhood; and Whereas, such purpose supports the Washington Neighborhood Revitalization Strategy as approved by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the sale of the following legally - described property: Lot 2 of Lot 2 of the East '/% of Lot 90; and Lot 1 of Lot 1 of the East I/2 of Lot 91; In East Dubuque Addition, In the City of Dubuque, Iowa, according to the recorded plat thereof — 1777 Washington Street at the cost of $85 000. Section 2. That the City of Dubuque be and is hereby authorized to provide a Special War- ranty Deed to the buyer, conveying the City's interest to Alberto Luna for the herein - described real estate. Section 3. That the City Clerk be and is hereby authorized and directed to cause said 246 Regular Session, August 20, 2012 Book 142 Special Warranty Deed to be recorded in the Office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and is hereby directed to forward a copy of this Reso- lution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 20th day of August, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Sale of Property - 2312 Washington Street: Proof of publication on notice of public hearing to consider the sale of property located at 2312 Washington Street to Jude E. Root and the City Manager recommending approval. Motion by Connors to receive and file the doc- uments and adopt Resolution No. 225 -12 Ap- proving the sale of real estate located at 2312 Washington Street, in the City of Dubuque, Iowa. Seconded by Braig. Motion carried 7 -0. RESOLUTION NO. 225 -12 APPROVING THE SALE OF REAL ESTATE LOCATED AT 2312 WASHINGTON STREET, IN THE CITY OF DUBUQUE, IOWA Whereas, the City acquired the property at 2312 Washington Street for the purpose of its restoration and re -sale for owner- occupied housing as part of the Bee Branch re- alignment project; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the sale of the following legally - described property: Lot 1 Bee Branch Sub. No. 4 in the City of Dubuque, Iowa, according to the recorded plat thereof — 2312 Washington Street at the cost of $75 000. Section 2. That the City of Dubuque be and is hereby authorized to provide a Special War- ranty Deed to the buyer, conveying the City's interest to Judie E. Root for the herein - described real estate. Section 3. That the City Clerk be and is hereby authorized and directed to cause said Special Warranty Deed to be recorded in the Office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and is hereby directed to forward a copy of this Reso- lution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 20th day of August, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated lim- iting discussion to the City Council. ACTION ITEMS Project HOPE Update: Eric Dregne, Vice President of Programs for the Community Foundation of Greater Dubuque, provided a slide presentation on the activities of Project HOPE. Motion by Connors to receive and file the information. Seconded by Braig. Motion carried 7 -0. Meter District Amendment - Historic Mill- work District (Second Reading): City Manager recommending approval of an Ordinance ex- panding the Downtown Meter District to in- clude White Street from 5th Street to 11th Street on both sides, 8th Street both sides White Street to Washington, 9th Street both sides White Street to Elm Street, 10th Street both sides from White Street to Elm Street, 11th Street both sides from White Street to Elm Street, Jackson Street both sides from 8th Street to 11th Street, and Washington Street both sides from 8th Street to 11th Street. Motion by Jones to consider the second reading of a proposed ordinance amending City of Dubu- que Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Parking, Section 9 -14- 321.666 Municipal Parking Meter District Es- tablished by Expanding the Downtown Meter District. Seconded by Braig. Resnick stated that he believes the City will be reasonable with the service and install meters only as de- velopment dictates. Motion carried 5 -2 with Lynch and Sutton voting nay. Dubuque Peace and Justice: Correspond- ence from Richard Fischer of Dubuque Peace and Justice requesting the City of Dubuque apply for membership in Mayors for Peace, which supports the abolition of nuclear weap- ons by August 6, 2020. Motion by Connors to receive and file the documents and accept the invitation to apply for membership. Seconded by Braig. Richard Fischer of Dubuque Peace and Justice, 656 Molony Road, Bernard, spoke regarding the mission of the Mayor for Peace. Motion carried 7 -0. Social Host Ordinance Amendment: City Manager recommending the addition of a ref- erence to City Code Section 1 -4 -1 to the ordi- nance allowing for a criminal penalty for viola- tions of the ordinance. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Resnick. Motion carried 7 -0. Book 142 Regular Session, August 20, 2012 247 Motion by Connors for final consideration and passage of Ordinance No. 46 -12 Amend- ing Ordinance 45 -12 which amended City of Dubuque Code of Ordinances Title 7 Police, Fire and Public Safety, Chapter 5 Offenses by adding a new Article E, Social Host Responsi- bility, clarifying the definition of Social Host as defined in Section 7 -5E -2 and establishing that a violation of Section 7 -5E -4 is a Municipal Infraction or Misdemeanor. Seconded by Res- nick. Motion carried 7 -0. OFFICIAL PUBLICATION ORDINANCE NO. 46 -12 AMENDING ORDINANCE 45 -12 WHICH AMENDED CITY OF DUBUQUE CODE OF ORDINANCES TITLE 7 POLICE, FIRE AND PUBLIC SAFETY, CHAPTER 5 OFFENSES BY ADDING A NEW ARTICLE E, SOCIAL HOST RESPONSIBILITY, CLARIFYING THE DEFINITION OF SOCIAL HOST AS DEFINED IN SECTION 7 -5E -2 AND ESTABLISHING THAT A VIOLATION OF SECTION 7 -5E4 IS A MUNICIPAL INFRACTION OR MISDEMEANOR NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 7 -5E -2 of the City of Dubuque Code of Ordinances is amended as follows: 7 -5E -2: DEFINITIONS: The following words and phrases, when used in this chapter, have the following meaning: SOCIAL HOST: A. Any person who aids, allows, entertains, organizes, supervises, controls, or permits an event, gathering, or party. This includes but is not limited to: 1. The person who owns, rents, leas- es, or otherwise has control of the premises where the event, gathering, or party takes place; 2. The person(s) in charge of the premises; or, 3. The person(s) responsible for or- ganizing the event, gathering, or party. B. If the social host is a minor or under the legal drinking age, and the social host's parent(s) are present on the premises and know or reasonably should know of the event, gathering, or party and know or rea- sonably should know that the consumption of alcohol is occurring, the parents are also social hosts. Section 2. Section 7 -5E -8 of the City of Dubuque Code of Ordinances is amended as follows: 7 -5E -8: PENALTIES: A. A violation of section 7 -5E -4 will be pun- ishable as outlined in either section 1 -4 -1 or 1 -4 -2 of the City Code. B. The City may also seek reimbursement for enforcement services provided by emergency responders related to the event, gathering, or party. Section 3. This Ordinance takes effect upon publication. Passed, approved, and adopted the 20th day of August, 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin S. Firnstahl, CMC, City Clerk Published officially in the Telegraph - Herald newspaper on the 24th day of August, 2012. /s/Kevin S Firnstahl, CMC, City Clerk Control of Vehicle Ordinance Amendment: City Manager recommending City Code Sec- tion 9 -7- 321.288 Control of Vehicle be amend- ed so that the word "bridge" will be deleted from Section B3 and the designation "road work zone," will replace descriptive terminolo- gy in Section B6 making the ordinance con- sistent with State Code. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Motion carried 7 -0. Motion by Connors for final consideration and passage of Ordinance No. 47 -12 Amend- ing City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 7 Opera- tion, Section 9 -7- 321.288 Control of Vehicle to mirror the Iowa Code revision which removes bridge from B(3) and modifies the provision on construction to use road work zone for con- sistency as a term defined by the Iowa Code. Seconded by Braig. Motion carried 7 -0. OFFICIAL PUBLICATION ORDINANCE NO. 47 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHICLES AND TRAFFIC, CHAPTER 7 OPERATION, SECTION 9 -7- 321.288 CONTROL OF VEHI- CLE TO MIRROR THE IOWA CODE REVI- SION WHICH REMOVES BRIDGE FROM B(3) AND MODIFIES THE PROVISION ON CONSTRUCTION TO USE ROAD WORK ZONE FOR CONSISTENCY AS A TERM DE- FINED BY THE IOWA CODE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 9 -7- 321.288 of the City of Dubuque Code of Ordinances is amended to read as follows: 9 -7- 321.288: CONTROL OF VEHICLE: A. A person operating a motor vehicle shall have the same vehicle under control at all times. 248 Regular Session, August 20, 2012 Book 142 B. A person operating a motor vehicle shall reduce the speed to a reasona- ble and proper rate: 1. When approaching and passing a person walking in the traveled portion of the public street. 2. When approaching and passing an animal which is being led, ridden, or driven upon a public street 3. When approaching and traversing a crossing or in- tersection of public streets, or a sharp turn, curve, or steep descent in a public street. 4. When approaching and passing a fusee, flares, red reflector electric lanterns, red reflectors, or red flags, or an emergency vehicle displaying a revolving or flashing light. 5. When approaching and passing a slow moving vehi- cle displaying a reflective device as provided by sec- tion 321.383, code of Iowa. 6. When approaching and passing through a road work zone. Section 2. This Ordinance takes effect on publication. Passed, approved, and adopted the 20th day of August, 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin Firnstahl, CMC, City Clerk Published officially in the Telegraph - Herald newspaper on the 24th day of August, 2012. /s/Kevin S. Firnstahl, CMC, City Clerk Dubuque Metropolitan Area Solid Waste Agency Landfill Cell #9 Project: City Manager recommending scheduling a City Council work session for September 17, 2012, at 4:30 p.m. to tour the Dubuque Metropolitan Area Solid Waste Agency Landfill Cell #9 Project. Motion by Braig to receive and file the documents and set the work session as recommended. Se- conded by Jones. Motion carried 7 -0. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 7:47 p.m. regarding pending litigation and property acquisition pursuant to Chapter 21.5(1)(c)(j) Code of Iowa. Seconded by Braig. Motion carried 7 -0. Upon motion, the City Council reconvened in open session at 7:55 p.m. stating that staff had been given proper direction. There being no further business, upon mo- tion the City Council adjourned at 7:56 p.m. Kevin S. Firnstahl, CMC City Clerk Book 142 Special Sessions, August 27 & 28, 2012 249 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS SPECIAL SESSION The City Council met in special session at 4:30 p.m. on Monday, August 27, 2012 in Room 4 at the Grand River Center, 500 Bell 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 special session of the City Council to con - duct the annual City Council Goal Setting. CITY COUNCIL GOAL SETTING SESSION FISCAL YEAR 2014 (1 of 2) Lyle Sumek, Lyle Sumek and Associates, facilitated the FY 2014 City Council's goal set- ting. Discussion was given to the challenges and opportunities for the following: • Community Goal 1 — Economic Pros- perity • Community Goal 2 — Environmen- tal/Ecological Integrity • Community Goal 3 — Social /Cultural Vibrancy Sumek facilitated Council discussion on a review of and additions to the Governance Guidelines from the January 2008 session. Motion by Jones to adjourn at 9:06 p.m. Seconded by Resnick. Motion carried 7 -0. /s /Kevin S. Firnstahl, CMC City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS SPECIAL SESSION The City Council met in special session at 5:00 p.m. on Tuesday, August 28, 2012 in Room 4 at the Grand River Center, 500 Bell 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 special session of the City Council to con - duct the annual City Council Goal Setting. CITY COUNCIL GOAL SETTING SESSION FISCAL YEAR 2014 (2 of 2) Lyle Sumek, of Sumek and Associates, Heathrow, FL, facilitated the second session of the FY 2014 City Council's goal setting. Fol- lowing discussion, the City Council reached consensus on the following goals and priorities for 2012 -2018. 15 -YEAR VISION STATEMENT • The city of Dubuque is a progressive, sustainable city with a strong diversified economy and expanding global connec- tions; • the Dubuque community is an inclusive community celebrating culture and heritage and has actively preserved our Master- piece on the Mississippi; • Dubuque citizens experience healthy liv- ing and active retirement through quality, livable neighborhoods and an abundance of fun things to do and they are engaged in the community, achieving goals through partnerships; and • Dubuque City government is financially sound and providing services with citizens getting value for their tax dollars. CITY MISSION STATEMENT The City's mission is to deliver excellent municipal services that support urban living, and contribute to a sustainable city. The City plans for the community's future, and facili- tates access to critical human services. The result is a financially sound city government and citizens getting services and value for their tax dollar. 250 Special Session August 28, 2012 Book 142 FIVE -YEAR COMMUNITY GOALS FOR A SUSTAINABLE DUBUQUE • Economic Prosperity • Social /Cultural Vibrancy • Environmental Integrity FIVE -YEAR CITY GOALS • Planned and Managed Growth • Partnering for a Better Dubuque • Improved Connectivity — Transportation and Telecommunications POLICY AGENDA 2012 — 2014 Top Priorities: On alphabetical order) • Arts and Culture Strategy: Evaluation, Di- rection, Goals, City Action, City Funding - Complete Smarter Sustainable Dubuque Community Engagement Pilot on the Arts - Initiatives for inclusiveness • Community Organizations: City Support and Funding - Every Child / Every Promise, Project HOPE, DubuqueWorks, Distinctively Dubuque, Dubuque Concierge Welcoming Program, and initiatives for inclusiveness • Dubuque Millwork District Master Plan: Projects, Parking Solutions • Mystique Casino: Evaluation and Direc- tion • Southwest Arterial Project: Funding High Priorities: On alphabetical order) • Greater Dubuque Development Corpora- tion: City Support • Indoor Aquatic Center: Evaluation, Direc- tion, and School Partnership • Master Plan for Chaplain Schmitt Island: Development • Safe Community Initiative: Monitoring and Next Steps • Skate Parks • Street Improvement Program • Third -Grade Reading Strategy: Direction and Implementation MANAGEMENT AGENDA 2012 — 2014 ECONOMIC PROSPERITY GOAL • Dubuque Initiatives: Next Step • Green Jobs Training Program • Workforce Market Rate Housing Strategy • NICC Job Training Grant • Renewable Energy Program ENVIRONMENTAL / ECOLOGICAL IN- TEGRITY GOAL • Sustainability Purchasing Policy and Pro- cedures • Energy Efficiency Community Block Grant (EECBG) Implementation • Automatic Vehicle Location (AVL) for Transit • Grand River Center Electric Meters Pro- ject • University of Iowa Initiative for Sustaina- ble Communities Projects • Green Team Work Plan: Implementation • Sustainability Curriculum in School Sys- tem • City Operations: Sustainability Perfor- mance Measures • Dubuque Regional Smart Plan: Develop- ment • Department of Energy Smart Grid Grant • FEMA Flood Plain Maps: Amendment • Sustainable Design Standards and Incen- tives • DMASWA Landfill: Methane, Next Cell Approval, Compost: Quality and Quantity SOCIAL /CULTURAL VIBRANCY GOAL • City Workforce Diversity: Recruitment and Selection • Territory Accountability Design: Targeted Actions • Multicultural Family Center Building Ex- pansion • Local Foods Program: Implementation • Urban Gardens: Development • Citizen Academy: Development • Intercultural Competency Program within City Government: Self- Assessment, Training • Police Explorer Program: Support • Police -Race Dialogue • Sustainable Dubuque Indicators Software Tool: Implementation PLANNED AND MANAGED GROWTH GOAL • Housing Program: Direction (including Section 8) • Inflow and Infiltration Program /Home In- spections: EPA Consent Decree Implementa- tion • Surveillance and Security Camera Strat- egy: Design, Funding, Implementation • City Comprehensive Plan: Update • Census Count Resolution • Flood Wall: Funding, Evaluation, Cell Pro- tection • Statewide Urban Design and Specifica- tions (SUDAS) City Engineering Standards: Update • Bee Branch Creek Restoration Project: Railroad Resolution, Upper Branch Design, Land Acquisition, Funding PARTNERING FOR A BETTER DUBU- QUE GOAL • Parks - School Joint Projects and Services: City Actions • City Volunteer Program: Development Book 142 Special Session, September 4, 2012 251 • Sister City Program: Delegation to Poten- tial City • All- America City Award • Dog Park Concept Plan: Development, Direction • Veterans Memorials: Marshall Park, Mil- ler- Riverview Park, Chaplain Schmitt Island • Handicap Accessible for Parks: Direction • AmeriCorps Program: Training • Green Vision - Education • Bridges Out of Poverty Program: City Support IMPROVED CONNECTIVITY: TRANS- PORTATION AND TELECOMMUNICATIONS • Smart Transportation Program • Transit for College Routes: Implementa- tion • Trolley Upgrades: Grant Funding • Traffic Signal Synchronization: Citywide OTHER CITY ACTIONS: • Quarterly Budget Monitoring Process: Implementation • Performance Measures: Implementation • Budget and Financial Report: Re -write • Website Content Management (CivicPlus) • Citizen Response Management System (WebQA) • 900 MHz Data System: Expansion • Employee Wellness Program: Five -Year Goals, City Internet Posting • Employee Involvement Teams. Expan- sion • Healthcare Cost Containment: Modified Prescription Drugs Program, Agreement with Hospitals • Police Officer Recruitment and Retention: Actions • Bond Rating Review Motion by Jones to adjourn at 8:53 p.m. Seconded by Resnick. Motion carried 7 -0. /s /Kevin S. Firnstahl, CMC City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:30 p.m. on September 4, 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 (joined at 5:38 p.m.) Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on the Sustainable Dubuque Project Update. WORK SESSION Sustainable Dubuque Coordinator Cori Burbach, Raki Gianakorous and Jason Schatz of Green Dubuque, Dan McDonald of Greater Dubuque Development Corporation, and Smarter Sustainable Dubuque Project Manag- er David Lyons provided a slide presentation, which highlighted the following topics. City Council had discussion with the speakers fol- lowing the presentation. • Growing Sustainable Communities Conference, October 2 & 3, 2012; www.gscdubuque.com • Alternative Energy Asset Map (Uni- versity of Iowa Student Project) • Community & Business Engagement • Innovation Consortium • Community Climate Action Plan o Green House Gas Reduc- tion and Resiliency: strate- gies & sectors o Business Partners: input, survey & goals o Community Input: students, public events, focus groups • Smarter Travel Project o economic and services im- pact: transportation savings o health and wellness impact air pollution o safety o delivery to activity centers o history of transit in Dubuque: impact of changes, im- provement process o Smart Travel: devices, data collection and analysis 252 Regular Session, September 4, 2012 Book 142 o Impact of Changes There being no further business, upon mo- tion the City Council adjourned at 6:19 p.m. Kevin S. Firnstahl, CMC City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on September 4, 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 SWEARING IN Mayor Buol Swore In Mayor Pro Tem Kevin Lynch (September 2012 -April 2013) PROCLAMATIONS Voices from the Warehouse — Innov8; Break the Paradigm Days (September 8- October 5, 2012) was accepted by Voices Co- Chair Geri Shafer and team representatives. Dubuque Oktoberfest Day (September 15, 2012) was accepted by Terry Mozena for co- sponsor Premier Bank. PRESENTATION 2012 K9 Olympics Performance Awards: Police Chief Mark Dalsing presented the 2012 K9 Olympics Performance Awards to K9 han- dler Officer Brian Wullweber and his K9 part- ner"." CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Braig. Motion carried 7 -0. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission 7/24, City Council proceedings of 8/20, Community Development Advisory Commission of 8/15, Historic Preservation Commission 8/16, Hu- man Rights Commission of 7/9, Library Board Book 142 Regular Session, September 4, 2012 253 of Trustees minutes of 7/26 and Board update of 7/26 and 8/23, Long Range Planning Advi- sory Commission of 8/15, Mechanical Board of 8/9, Safe Community Advisory Committee of 5/9, Proof of Publication for City Council pro- ceedings of 8/6. Upon motion the documents were received and filed. Notice of Claims and Suits: American Con- cessions for property damage, Monica Halver- son for vehicle damage, and Steven Kaiser for property damage, and James Schueller for vehicle damage. Upon motion the documents were received, filed and referred to the City Attorney. Disposition of Claims: City Attorney advis- ing that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Americana Concessions for property damage, Monica Halverson for vehicle dam- age, Steven Kaiser for property damage, and James Schueller for vehicle damage. Upon motion the documents were received, filed and concurred. City of Hamilton, Ohio: Correspondence and proclamation from Joshua Smith, City Manager of Hamilton, Ohio, thanking the City of Dubuque for welcoming their delegation and providing a tour of Dubuque on July 28 -30, 2012. Upon motion the documents were re- ceived and filed. Flexsteel Industries - Acceptance of Side- walk Easement: City Manager recommending acceptance of the easement for a sidewalk across Flexsteel Industries, Inc., at the south- west corner of Bell and 5th Streets. Upon mo- tion the documents were received and filed and Resolution No. 226 -12 Accepting the Grant of Easement for sidewalk through, under and across part of Lot 1 of 1 of Adams Com- pany's 4th Addition in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 226 -12 ACCEPTING THE GRANT OF AN EASE- MENT FOR SIDEWALK THROUGH, UNDER AND ACROSS PART OF LOT 1 OF 1 OF ADAMS COMPANY'S 4TH ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, Flexsteel, Industries, Inc., have executed a Grant of Easement for Sidewalk through under and across parts of Lot 1 of 1 of Adams Company's 4th Addition in the City of Dubuque, Dubuque County, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grant of Easement for Sidewalk through, under and across parts of Lot 1 of 1 of Adams Company's 4th Addition the City of Dubuque, Dubuque County, Iowa from Flexsteel, Industries, Inc., a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 4th day of September, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Alcohol Compliance Civil Penalty for Alco- hol License Holders - Fischer Lanes: City Manager recommending approval of the Ac- knowledgment/Settlement Agreement for an alcohol compliance violation for Fischer Lanes, 880 Locust Street. Upon motion the docu- ments were received, filed, and approved. Dubuque Industrial Center North - Ac- ceptance of Storm Sewer and Access Ease- ments: City Manager is recommending ac- ceptance of storm sewer and access ease- ments from 2013 Dubuque, LLC for existing storm sewer and access across Lot 1 Dubu- que Industrial Center North Second Addition. Upon motion the documents were received and filed and Resolution No. 227 -12 Accepting the grant of an easement for storm sewer and access through, over and across a part of Lot 1 of Dubuque Industrial Center North Second Addition in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 227 -12 ACCEPTING THE GRANT OF AN EASE- MENT FOR STORM SEWER AND ACCESS THROUGH, OVER AND ACROSS A PART OF LOT 1 OF DUBUQUE INDUSTRIAL CENTER NORTH SECOND ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, 2013 Dubuque LLC has execut- ed an Easement for Storm Sewer and Access through, over and across Lot 1 of Dubuque Industrial Center North Second Addition in the City of Dubuque, Dubuque County, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grant of Easement for Storm Sewer and Access through, over and across Lot 1 of Dubuque Industrial Center North Second Addition in the City of Dubuque, Dubuque County, Iowa from 2013 Dubuque LLC, a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on 254 Regular Session, September 4, 2012 Book 142 behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 4th day of September, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk Collective Bargaining Agreement Amend- ment - International Union of Operating Engi- neers, Local #234: City Manager recommend- ing approval of a ten hour per day and four day work week for full -time Public Safety Dispatch- ers through September 30, 2013. Upon motion the documents were received and filed. Dubuque Regional Airport - Land Acquisi- tion Plat: City Manager recommending ap- proval of the land acquisition plat for the land acquired from Ronald and Ellen Hartman. Up- on motion the documents were received and filed and Resolution No. 228 -12 Approving Plat of Survey of Lot 1 and Lot 2 of the Northwest Quarter of the Northwest Quarter of Section 27, Township 88 North, Range 2 East of the Fifth Principal Meridian, Dubuque County, Io- wa; and Resolution No. 229 -12 Approving Plat of Survey of Lot 1 and Lot 2 of the Southwest Quarter of the Southwest Quarter of Section 22, Township 88 North, Range 2 East of the Fifth Principal Meridian, Dubuque County, Io- wa, were adopted. RESOLUTION NO. 228 -12 APPROVING PLAT OF SURVEY OF LOT 1 AND LOT 2 OF THE NORTHWEST QUAR- TER OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE FIFTH PRINCIPAL MERIDIAN, DUBUQUE COUNTY, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 1st of August, 2012, prepared by WHKS & Co., describing the Northwest Quar- ter of the Northwest Quarter of Section 27, Township 88 North, Range 2 East of the Fifth Principal Meridian, Dubuque County, Iowa to be hereinafter known as Lot 1 and Lot 2 of the Northwest Quarter of the Northwest Quarter of Section 27, Township 88 North, Range 2 East of the Fifth Principal Meridian, Dubuque Coun- ty, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated the 1st of August, 2012 prepared by WHKS & Co., rela- tive to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 4th day of September, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 229 -12 APPROVING PLAT OF SURVEY OF LOT 1 AND LOT 2 OF THE SOUTHWEST QUAR- TER OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE FIFTH PRINCIPAL MERIDIAN, DUBUQUE COUNTY, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 1st of August, 2012, prepared by WHKS & Co., describing the Southwest Quar- ter of the Southwest Quarter of Section 22, Township 88 North, Range 2 East of the Fifth Principal Meridian, Dubuque County, Iowa to be hereinafter known as Lot 1 and Lot 2 of the Southwest Quarter of the Southwest Quarter of Section 22, Township 88 North, Range 2 East of the Fifth Principal Meridian, Dubuque County, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated the 1st of August, 2012 prepared by WHKS & Co., rela- tive to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 4th day of September, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Consent Decree Semiannual Report: City Manager recommending submittal of the Sep- tember 2012 Semiannual Report for the U.S. Environmental Protection Agency Consent Decree. Upon motion the documents were received, filed, and approved. Gallagher Benefit Services - Consulting and Actuarial Services Agreement: City Man- Book 142 Regular Session, September 4, 2012 255 ager recommending approval of an amend- ment to the Administrative Services Agree- ment with Gallagher Benefit Services for bene- fit consulting and actuarial services effective July 1, 2012, through June 30, 2014, and au- thorize the City Manager to sign the Amend- ment. Upon motion the documents were re- ceived, filed, and approved. Statewide Program for Monitoring Post - Construction Controls - Letter of Support: City Manager recommending that the City send a letter of general support for a statewide effort to help track and inspect post- construction controls and to create an on -line database that all inspectors can use. Upon motion the docu- ments were received, filed, and approved. Volunteer Generation Fund Grant: City Manager recommending that the City accept a Volunteer Generation Fund Grant Award from the Iowa Commission on Volunteer Service, which will allow the City to use volunteering as a strategy to meet some of the Safe Communi- ty Task Force recommendations. Upon motion the documents were received, filed, and ap- proved. Fiscal Year 2012 City Street Financing Re- port: City Manager recommending approval of the City Street Financing Report for Fiscal Year 2012. Upon motion the documents were received and filed and Resolution No. 230 -12 Approving the City of Dubuque Fiscal Year 2012 City Street Financing Report was adopt- ed. RESOLUTION NO. 230 -12 APPROVING THE CITY OF DUBUQUE FIS- CAL YEAR 2012 CITY STREET FINANCING REPORT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Street Finance Report for the period of July 1, 2011, to June 30, 2012, is hereby approved and that the City Clerk is hereby authorized and directed to file said report with the Iowa Department of Transportation. Passed, approved and adopted this 4th day of September, 2012 Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Purchase of Services Agreement - Green and Healthy Homes Initiative: City Manager recommending execution of a contract with the Community Foundation of Greater Dubuque to provide a Home Advocate for the Green and Healthy Homes Initiative. Upon motion the documents were received, filed, and approved. Iowa Mississippi River Parkway Commis- sion (MRPC) - 2012 Annual Report: Iowa MRPC Chair John Goodmann submitting the 2012 Iowa Mississippi River Parkway Com- mission's annual report. Upon motion the doc- uments were received and filed. Federal Emergency Management Agency (FEMA): Correspondence from Luis Rodgriguez of the Federal Emergency Man- agement Agency (FEMA), Engineering Man- agement Branch, providing the City with infor- mation on the appeals process and notification of publication for the Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) determinations. Upon motion the documents were received, filed and referred to the City Manager. Arts and Cultural Affairs Advisory Commis- sion / Investment Oversight Commission: Commissioner John King submitting his resig- nation to the Arts and Cultural Affairs Advisory Commission and the Investment Oversight Advisory Commission due to a change in resi- dency. Upon motion the document was re- ceived, filed and the resignation accepted. Housing Commission: Commissioner Dave Kapler submitting his resignation to the Hous- ing Commission. Upon motion the document was received, filed and the resignation accept- ed. Iowa Municipal Professionals Academy: Correspondence from Cindy Kendall of the ISU Extension and Outreach, Office of State and Local Programs thanking the City for sup- porting the attendance of City Clerk Kevin Firnstahl and Assistant City Clerk Trish Gleason at the 2012 Iowa Municipal Profes- sionals Academy. Upon motion the document was received and filed. U.S. Department of Housing and Urban Development (HUD): Correspondence from Shannon Steinbauer, Government Technical Representative for the U.S. Department of Housing and Urban Development advising that the City's Healthy Homes and Lead Hazard Control Program has received an overall per- formance rating of 100 out of 100 and provid- ing some instruction on the program's relation- ship to the Green and Healthy Homes Initia- tives. Upon motion the documents were re- ceived and filed. Code of Ordinances - Adoption of Supple- ment No. 10: City Clerk recommending adop- tion of Supplement No. 10 to the City of Dubu- que Code of Ordinances, which adopts Ordi- nance Nos. 35 -12, 36 -12, 37 -12, 38 -12, 39 -12, 40 -12, and 41 -12 as adopted by the City 256 Regular Session, September 4, 2012 Book 142 Council through August 20, 2012. Upon motion the documents were received and filed and Resolution No. 231 -12 Adopting Supplement No. 10 to the Code of Ordinances of the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 231 -12 ADOPTING SUPPLEMENT NO. 10 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance No. 43 -09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entirety; and Whereas, since August 17, 2009 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances; and Whereas, Section 380.8 of the Code of Io- wa provides that supplements, by resolution, become part of the Code of Ordinances. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 10 of the Code of Ordinances of the City of Dubuque, Iowa, covering Ordinances 35 through 41, 2012 passed by Council and enacted through August 20, 2012 prepared by the Sterling Cod - ifiers, Inc., and filed in the Office of the City Clerk of the City of Dubuque, Iowa is hereby adopted and becomes part of the Code of Or- dinances of the City of Dubuque, Iowa. Passed, approved and adopted this 4th day of September, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk Dubuque Main Street - Resolution of Sup- port: City Manager recommending approval of the Program Agreement between Dubuque Main Street, the City of Dubuque, and the Iowa Department of Economic Development Upon motion the documents were received and filed and Resolution No. 232 -12 Resolution of sup- port and financial commitment for the Main Street Program in Dubuque was adopted. RESOLUTION NO. 232 -12 OF SUPPORT AND FINANCIAL COMMIT- MENT FOR THE MAIN STREET PROGRAM IN DUBUQUE Whereas, an Agreement between the Iowa Economic Development Authority, Dubuque Main Street, and the City of Dubuque for the purpose of continuing the Main Street Iowa program in Dubuque; and Whereas, this Agreement is pursuant to contractual agreements between the National Trust for Historic Preservation and the Iowa Economic Development Authority to assist in the revitalization of the designated Main Street project area of Dubuque, Iowa; and Whereas, the City Council of Dubuque en- dorses the goal of economic revitalization of the historic commercial district within the con- text of preservation and rehabilitation of its historic buildings and supports the continuation of the Main Street Four Point Approach® as developed by the National Trust for Historic Preservation and espoused by Main Street Iowa. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, meeting in regular session on September 4, 2012, that the City of Dubuque hereby agrees to support both financially and philosophically the work of Dubuque Main Street and desig- nates the Main Street Board to supervise the Program Director. Passed, approved, and adopted this 4th day of September 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk IBM Research - Amendment to Joint De- velopment Agreement: City Manager recom- mending an amendment to the existing Joint Development Agreement with IBM Research to support a Department of Energy Smart Grid Data Access Grant. Upon motion the docu- ments were received, filed, and approved. Improvement Contracts / Performance, Payment and Maintenance Bonds: Contract with A &G Electric for the North End Neighbor- hood Trail Lighting Project and Stackis Con- struction for the Fire Hydrant Repainting Pro- ject Phase II 2012. Upon motion the docu- ments were received, filed, and approved. Signed Contracts: Contract with Davis Construction for the Allison- Henderson Park Building Remodel and Digital Designs for exte- rior bus decal advertising production. Upon motion the documents were received and filed. Alcohol License Applications: City Manager recommending approval of annual beer, liquor and wine license applications as submitted. Upon motion the documents were received and filed and Resolution No. 233 -12 Approving applications for beer, liquor, and /or wine per- mits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Reg- ulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. Book 142 Regular Session, September 4, 2012 257 RESOLUTION NO. 233 -12 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND /OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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 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 bonds and otherwise complied with the re- quirements 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 author- ized and directed to cause to be issued the following named applicants and permit types. RENEWALS Eagle Country Market, 1800 Elm St., Class E Liquor, Class B Wine, Class C Beer (Car- ryout) (Sunday) Los Aztecas Mexican Rest., 2700 Dodge St., Class C Liquor License cLC) (Commercial) Lucky 13 Tap, 385 E 13 h St., Class C Liq- uor (Sunday) Wal -Mart Supercenter #2004, 4200 Dodge St., Class E Liquor, Class B Wine, Class C Beer (Carryout) (Sunday) NEW Fly DBQ Cafe, 1100 Airport Rd., Class B Beer (BB) (Includes Wine Coolers) Hy -Vee Club Room, 2395 NW Arterial, Special Class C (BeerNVine) (Sunday) Passed, approved and adopted this 4th day of September, 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 pub- lic hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Connors. Motion carried 7 -0. Vacate of Property - 2500 Kerper Blvd. (Key City Plating): City Manager recommend- ing setting a public hearing for September 17, 2012, to consider vacation of a lot known as Lot 2A of McGraw -Hill, Key City Plating Replat. Upon motion the documents were received and filed a public hearing was set for a meet- ing to commence at 6:30 p.m. on September 17, 2012 in the Historic Federal Building. Fiscal Year 2013 First Budget Amendment: City Manager recommending the first Fiscal Year 2013 Budget Amendment be set for pub- lic hearing for September 17, 2012. Upon mo- tion the documents were received and filed and Resolution No. 234 -12 Setting the date for the public hearing on Amendment No. 1 to the Fiscal Year 2013 Budget for the City of Dubu- que was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on Sep- tember 17, 2012 in the Historic Federal Build- ing. RESOLUTION NO. 234 -12 SETTING THE DATE FOR THE PUBLIC HEARING ON AMENDMENT NO. 1 TO THE FISCAL YEAR 2013 BUDGET FOR THE CITY OF DUBUQUE Whereas, Iowa Code Section 384.16 pro- vides that the City Council shall set a time and place for a public hearing on amendments to the budget and publish notice before the hear- ing as provided in Iowa Code Section 362.3. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall con- duct a public hearing on proposed Amendment No. 1 to the Fiscal Year 2013 budget for the City of Dubuque at the City Council Chambers at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, on Monday, Septem- ber 17, 2012, beginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish no- tice of the public hearing, according to law, together with the required budget information. Passed, approved and adopted this 4th day of September 2012. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk BOARDS /COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards /Commissions: Cable Television Commission: One 3 -year term through July 1, 2015 (Vacant term of Her - rig). Applicant: Kathleen McMullen, 1308 Cur- tis St. Civic Center Commission: One 3 -year term through June 29, 20123 (Vacant term of Field). Applicant: Kirstin Pope, 5388 Park Place. Ms. Pope spoke in support of her appointment. Housing Commission: One 3 -year terms through August 17, 2014 (Vacant Term of Krey). Applicant: Rick J. Baumhover, 601 Gar- field Ave. #104. Mr. Baumhover spoke in sup- 258 Regular Session, September 4, 2012 Book 142 port of his appointment. Human Rights Commission: Two 3 -year terms through January 1, 2013 and January 1, 2015 (Vacant Terms of Krey and Hansen). Applicants: Rick J. Baumhover, 601 Garfield Ave. #104. Howard Lee III, 516 Lincoln Ave. Mr. Baumhover spoke in support of his ap- pointment. Zoning Advisory Commission: Two 3 -year terms through July 1, 2015 (Vacant terms of Hardie and Miller). Applicants: Rick Baum - hover, 601 Garfield Ave. #104; Stephen Har- die, 62 Freemont Ave.; Charles Miller, 7010 Asbury Rd. Mr. Miller spoke in support of his appointment. Mr. Baumhover requested that his application be withdrawn from considera- tion for this commission. PUBLIC HEARINGS Request to Amend Planned Unit Develop- ment - Asbury Plaza (Tabled from June 18, 2012): Proof of publication on notice of public hearing to consider a request by O'Connor & Thomas, P.C., Asbury Dubuque, LC, and Richardson Investments, LLC to amend the Asbury Plaza Planned Unit Development to allow for a right -in /right -out access to the Northwest Arterial and to amend the list of permitted uses, height and sign regulations and the Zoning Advisory Commission recom- mending approval. Correspondence from O'Connor & Thomas on behalf of the developers requesting that the application be withdrawn from consideration. City Manager advising that City staff has no objection to the request for withdrawal. Motion by Connors to remove from the table. Second- ed by Jones. Motion carried 7 -0. Motion by Connors to receive and file the documents and accept the withdrawal. Se- conded by Resnick. Motion carried 7 -0. Upon motion the rules were suspended al- lowing anyone present to address the City Council. 2013 Dubuque, LLC (FedEx) - Vacate Storm Sewer Easement and Blanket Ease- ment: Proof of publication on notice of public hearing to consider the vacation of a blanket access easement and a portion of storm sewer easement on Lot 1 Dubuque Industrial Center North Second Addition, as requested by Carl Ruedebusch, representing the purchasers of the lot, 2013 Dubuque, LLC, and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 235 -12 Disposing of City interest in storm sewer and access easements on Lot 1 Dubuque Industrial Center North Second Addition in the City of Dubuque, Dubuque County, Iowa. Seconded by Jones. Motion carried 7 -0. RESOLUTION NO. 235 -12 DISPOSING OF CITY INTEREST IN STORM SEWER AND ACCESS EASEMENTS ON LOT 1 DUBUQUE INDUSTRIAL CENTER NORTH SECOND ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and pub- lished notice of time and place of hearing, pub- lished in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 24th day of August, 2012, the City Council of the City of Dubuque, Iowa met on the 4th day of September, 2012, at 6:30 p.m. in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, to con- sider the disposal of City interest in storm sewer and access easements over and across real estate described as: Lot 1 Dubuque Industrial Center North Second Addition in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the proposal to dispose of City interest in said easement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the release of City of Dubuque interest in a portion of a storm sewer easement and a blanket access easement over and across real property described as Lot 1 Dubuque Industrial Center North Second Addition in the City of Dubuque, Dubuque County, Iowa, as shown on the attached Ex- hibit A, to 2013 Dubuque, LLC, be and the same is hereby approved for the cost of publi- cation and filing fees, with the owner agreeing to pay the cost to regrade the northwest corner of the site as shown on an approved site plan. Section 2. That the Mayor be authorized and directed to execute a Release of a Portion of a Storm Sewer Easement and a Blanket Access Easement, and the City Clerk be and is hereby authorized and directed to deliver said Release to 2013 Dubuque, LLC upon receipt of the publication and filing fees and regrading of the northwest corner of the site to provide access to the easement area. Section 3. 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 Recorder and Dubuque County Auditor. Passed, approved and adopted this 4th day of September, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Book 142 Regular Session, September 4, 2012 259 RELEASE OF A PORTION OF A STORM SEWER EASEMENT AND A BLANKET AC- CESS EASEMENT OVER AND ACROSS LOT 1 DUBUQUE INDUSTRIAL CENTER NORTH SECOND ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, the Final Plat of Dubuque Indus- trial Center North First Addition in the City of Dubuque, Iowa, was filed in the Office of the Recorder of Dubuque County, Iowa, as File No. 2010 -20302 established a blanket access easement over Lot 4 of Dubuque Industrial Center North First Addition; and Whereas, the plat of Lot 1 Dubuque Indus- trial Center North Second Addition in the City of Dubuque, Iowa, was filed in the office of the Recorder of Dubuque County, Iowa, as File No. 2012 -3793, established a storm sewer easement over said Lot 1; and Whereas, the Developer of Lot 1 Dubuque Industrial Center North Second Addition, 2013 Dubuque, LLC, has agreed to regrade a por- tion of the site and provide an additional ac- cess easement on the south side of said Lot 1; and Whereas, a portion of the storm sewer easement and the blanket access easement designated on said Lot 1 will no longer be re- quired after development of the site. NOW, THEREFORE, for valuable consid- eration, the undersigned, City of Dubuque, Iowa, does hereby forever release, vacate, abandon, and discharge a portion of the storm sewer easement and a blanket access ease- ment over Lot 1 Dubuque Industrial Center North Second Addition in the City of Dubuque, Iowa, as shown the attached Easement Exhibit A to 2013 Dubuque, LLC; however, this Re- lease in no way releases, vacates, abandons, or discharges any other easement shown on the Final Plats of Dubuque Industrial Center North First Addition and Dubuque Industrial Center North Second Addition in the City of Dubuque, Iowa, filed in the office of the Re- corder of Dubuque County, Iowa, as File Numbers 2010 -20302 and 2012 -3793, respec- tively. Passed, approved and adopted this 4th day of September, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Green Alley Permeable Pavers Supple- mental Environmental Project (SEP): Proof of publication on notice of public hearing to con- sider approval of plans specifications, form of contract and estimated cost for the Green alley Permeable Pavers Supplemental Environmen- tal Project (SEP) between Jackson and Wash- ington Streets from 16th to 17th and between Jackson and White Streets from 17th to 18th and the City Manager recommending approv- al. Motion by Braig to receive and file the doc- uments and adopt Resolution No. 236 -12 Ap- proval of plans, specifications, form of con- tract, and estimated cost for the Green Alley Permeable Pavers Supplemental Environmen- tal Project (Between Jackson and Washington Streets from 16th to 17th and between Jackson and White Streets from 17th to 18th). Seconded by Lynch. Dorothy Krayer, 1205 Park Street, spoke in support of the project on behalf of Emmanuel Congregational United Church of Christ at 1795 Jackson Street. Motion carried 7 -0. RESOLUTION NO. 236 -12 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE GREEN ALLEY PERMEA- BLE PAVERS SUPPLEMENTAL ENVIRON- MENTAL PROJECT (BETWEEN JACKSON AND WASHINGTON STREETS FROM 16TH to 17TH STREETS AND BETWEEN JACK- SON AND WHITE STREETS FROM 17TH to 18TH STREETS) 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 Green Alley Permeable Pavers Supplemental Environmental Project between Jackson & Washington Streets from 16th to 17th Streets and Between Jackson & White Streets from 17th to 18th Streets, in the estimated amount $378,359.60, are hereby approved. Passed, adopted and approved this 4th day of September, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk Upon motion the rules were reinstated lim- iting discussion to the City Council. ACTION ITEMS Meter District Amendment - Historic Mill- work District (Third Reading): City Manager recommending approval of an Ordinance ex- panding the Downtown Meter District to in- clude White Street from 5th Street to 11th Street on both sides, 8th Street both sides White Street to Washington, 9th Street both sides White Street to Elm Street, 10th Street both sides from White Street to Elm Street, 11th Street both sides from White Street to Elm Street, Jackson Street both sides from 8th Street to 11th Street, and Washington Street both sides from 8th Street to 11th Street. Correspondence from the Dubuque Police Protective Association in opposition to the Me- ter District Amendment. Motion by Jones to receive and file the documents and adopt Ordinance No. 48 -12 260 Regular Session, September 4, 2012 Book 142 Amending City of Dubuque Code of Ordinanc- es Title 9 Motor Vehicles and Traffic, Chapter 14 Parking, Section 9 -14- 321.666 Municipal Parking Meter District Established by Expand- ing the Downtown Meter District. Seconded by Resnick. Responding to questions from City Council, Parking System Supervisor Tim Hors - field reiterated that meters would be installed as residential, retail and unexpected demands in the area dictated. He also stated that instal- lations would be done through onsite assess- ments and communication with property own- ers. Motion carried 5 -2 with Lynch and Sutton voting nay. OFFICIAL PUBLICATION ORDINANCE NO. 48 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHICLES AND TRAFFIC, CHAPTER 14 PARKING, SECTION 9 -14- 321.666 MUNICIPAL PARK- ING METER DISTRICT ESTABLISHED BY EXPANDING THE DOWNTOWN METER DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 9 -14- 321.666 of the City of Dubuque Code of Ordinances is amended to read as follows: 9 -14- 321.666: MUNICIPAL PARKING ME- TER DISTRICT ESTABLISHED: There is hereby established a municipal parking meter district to be comprised of streets and /or portions thereof as follows: East -west streets: • 1st Street, both sides, between Locust Street and extending to the connector east of Main Street. • 2od Street, both sides, between the connector east of Main Street and Locust Street. • 3rd Street, both sides, between Locust Street and Bluff Street. • 4th Street, both sides, from Central Avenue to Locust Street. • 4th Street, north side, between Locust Street and Bluff Street. • 4th Street, south side, between Locust Street and Bluff Street, months of December through March only. • 5th Street, both sides, between White Street and Bluff Street. • 5th Street, north side, from Bluff Street to a point one hundred ninety six feet (196') west of Bluff Street. • 6th Street, both sides, between White Street and Central Avenue. • 6th Street, both sides, from Locust Street to Bluff Street. • 7th Street, both sides, between White Street and Iowa Street. • 7th Street, north side from the alley west to Bluff Street, between Locust Street and Bluff Street. • 8th Street, both sides, between Locust Street and Hill Street. • 8th Street, both sides, between Locust Street and Main Street. • 8th Street, both sides, between Main Street and Iowa Street, except where posted "No Parking ". • 8th Street, both sides, between White Street and Central Avenue. • 8th Street, both sides, between White Street and Washington Street. • 9th Street, both sides, between White Street and Central Avenue. • 9th Street, both sides, between White Street and Elm Street. • 9th Street, north side, from Iowa Street to Locust Street. • 9th Street, south side, between Iowa Street and the alley east of Iowa Street. • 9th Street, south side, between Locust Street and Bluff Street. • 9th Street, south side, between Locust Street and Main Street. • 10th Street, both sides, between White Street and Elm Street. • 10th Street, north side, between White Street and Locust Street. • 10th Street, south side, between Iowa Street and Locust Street. • 10th Street, south side, between White Street and Central Avenue. • 11th Street, both sides, between White Street and Bluff Street. • 11th Street, both sides, between White Street and Elm Street. • 11th Street, south side, between White Street and Washington Street. • 12th Street, both sides, between Cen- tral Avenue and Bluff Street. • 12th Street, both sides, between Main Street and Bluff Street. • 13th Street, both sides, between White Street and Locust Street. • 15th Street, both sides, between White Street and the alley east of Io- wa Street. • 15th Street, south side, between Iowa Street and the alley west of Central Avenue. • 16th Street, both sides, between the alley east of Central Avenue and the alley west of Central Avenue. • 17th Street, south side, between the alley east of Central Avenue and the alley west of Central Avenue. • 18th Street, south side, between Cen- tral Avenue and the alley east of Cen- Book 142 Regular Session, September 4, 2012 261 tral Avenue. North -south streets: • Bluff Street, both sides, between 3rd Street and 8th Street. • Bluff Street, both sides, between 10th Street and 12th Street. • Bluff Street, west side, between 8th Street and 9th Street. • Central Avenue, both sides, between 4th Street and 19th Street. • Iowa Street, both sides, between 4th Street and Loras Boulevard. • Iowa Street, west side of median, be- tween 5th Street and 9th Street. • Jackson Street, both sides, between 8th Street and 11th Street. • Locust Street, both sides, between 1st Street and Loras Boulevard. • Main Street, both sides, between 1st Street and 5th Street. • Main Street, both sides, between 8th Street and 10th Street, except where posted "NO PARKING ". • Main Street, both sides, between 9th Street and Loras Boulevard. • Main Street, both sides, from 1st Street to a point two hundred twenty feet (220') south of 1st Street. • Main Street, both sides, from 5th Street to 8th Street. • Washington Street, both sides, from 8th Street to 11th Street. • White Street, both sides, from 5th Street to 11th Street. • White Street, west side, between 11th Street and 13th Street. • White Street, west side, between 13th Street and 14th Street. • White Street, west side, between East 14th Street and East 15th Street. • 1st to 2nd Street connector, east of Main Street, east side, between 1st and 2nd Section 2. This Ordinance takes effect up- on publication. Passed, approved and adopted the 4th day of September, 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 7th day of September, 2012. /s /Kevin S. Firnstahl, City Clerk Grand River Center - Floor Settlement Remediation Project: City Manager recom- mending that a public hearing be set for Sep- tember 17, 2012, for the Grand River Conven- tion Center - Floor Settlement Remediation Project and to authorize advertisement for proposals. Motion by Jones to receive and file the documents, adopt Resolution No. 237 -12 Preliminary 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 (Grand River Convention Center Floor Settlement Remedia- tion Project), and set a public hearing for a meeting to commence at 6:30 p.m. on Sep- tember 17, 2012. Seconded by Resnick. Mo- tion carried 7 -0. RESOLUTION NO. 237 -12 GRAND RIVER CONVENTION CENTER FLOOR SETTLEMENT REMEDIATION PRO- JECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, 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 plans, specifications, form of contract and estimated cost for the Grand Riv- er Convention Center - Floor Settlement Re- mediation Project, in the estimated amount $250,000.00, are hereby preliminarily ap- proved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held 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, Iowa, at which time interested persons may appear and be heard for or against the pro- posed plans and specifications, form of con- tract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be 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 plans, specifications, form of contract, or esti- mated cost of the Project. The Grand River Convention Center - Floor Settlement Remediation Project is hereby or- dered to be advertised for bids for construc- tion. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bid- ders hereby approved. The City Clerk is hereby directed to adver- tise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be published in a 262 Special Session, September 17, 2012 Book 142 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 2:00 p.m. on the 20th day of September, 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 1st day of October, 2012, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 4th day of September, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Intermodal Transportation Campus - De- sign Award: City Manager recommending award of the multi - phased final design and construction oversight of the Intermodal Transportation Campus Phase I contract to Neumann - Monson of Iowa City, IA. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Resnick. Responding to questions from City Council, Economic Development Director Dave Heair and Parking System Supervisor Tim Horsfield provided information on the breakdown of design fees paid to date and for components of the final design. Motion carried 6 -1 with Braig voting nay. Citizen Correspondence: Correspondence from Amy Spiegelhalter, 3739 Inwood Avenue, requesting the City install a sidewalk on Peru Road from the Casey's General Store to the Heritage Trail. Motion by Connors to receive and file the documents and refer to the City Manager for staff to explore and pre- sent information at a future meeting. Seconded by Resnick Motion carried 7 -0. COUNCIL MEMBER REPORTS Buol reported on being contacted by Bud Isen- hart wkro thanked the Mayor and City staff for the many little projects such as neighborhood parks that the City has completed and is working on. CLOSED SESSION Motion by Jones to convene in closed session at 7:32 p.m. regarding pending litigation pursuant to Chapter 21.5(1)(c), Code of Iowa. Seconded by Resnick Motion carried 7 -0. Upon motion the City Council reconvened in open session at 7:50 p. m. stating that staff had been given proper direction. There being no further business upon motion the City Council adjourned at 7:51 p.m. Kevin S. Fimstahl, CMC, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 4:30 p.m. on September 17, 2012 at the Dubuque Regional Landfill, 14501 U.S. Hwy 20 W. Present: Mayor Buol; Council Members Braig, Connors, Jones, Resnick, Sutton; City Manager Van Milligen; and Dubuque County Supervisor Eric Manternach Absent: Council Member Lynch, City Attor- ney Lindahl Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a tour of the Dubu- que Metropolitan Area Solid Waste Agency — Landfill Cell #9. WORK SESSION TOUR Dubuque Metropolitan Area Solid Waste Agency — Landfill Cell #9 at the Dubuque Regional Landfill, 14501 U.S. Hwy 20 W. Public Works Director Don Vogt led a bus tour of the Dubuque Regional Landfill with focus on the opening and configuration of Cell #9. Bev Wagner, Brian Christianson, Bob Ramsey, Chris Lawn, Chuck Goddard, and Doug Hughes provided information on the var- ious areas, functions and lifespan of the landfill and responded to questions. Other highlights included Regional Recycling Center, yard waste and shingling recycling processing sites, flare station, and rock crushing area. There being no further business, upon mo- tion the City Council adjourned at 5:27 p.m. /s /Kevin S. Firnstahl, CMC City Clerk Book 142 Regular Session, September 17, 2012 263 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on September 17, 2012 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Resnick, Sutton; City Manager Van Milligen, City Attorney Lindahl Absent: Council Member Lynch 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. Presentation of the Colors by the Dubuque Honor Guard in honor of the 175th Anniversary of the Dubuque Police Department PLEDGE OF ALLEGIANCE MOMENT OF SILENCE PROCLAMATION(S) Dubuque Police Department 175th Anni- versary Week (September 23 -29, 2012) was accepted by Police Chief Mark Dalsing, Cap- tain Kevin Klein, and Corporal Travis Kramer. Day of Peace (September 21, 2012) was accepted by Clarke University Chaplain Amy Golm and representatives of the Day of Peace Committee. Kiwanis Peanut Days (September 28 & 29, 2012) was accepted by Kevin Stevens, Dubu- que Kiwanis Club Peanut Days Co- Chair. CONSENT ITEMS Motion by Connors to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Resnick. Motion carried 6 -0. Minutes and Reports Submitted: City Council proceedings of 8/27, 8/28, and 9/4, Civil Service Commission of 8/27 and 9/6, Community Development Advisory Commis- sion of 9/5, Historic Preservation Task Force of 9/5, Housing Trust Fund Advisory Committee of 9/4, Human Rights Commission of 8/13, Park and Recreation Commission of 8/14, Zoning Advisory Commission of 9/5, Zoning Board of Adjustment of 8/23, Proof of Publica- tion for City Council proceedings of 8/20. Upon motion the documents were received and filed. Notice of Claims and Suits: Nicole Haver - land for vehicle damage, Gary Pitzen for vehi- cle damage, Christine Putnam for personal injury. Upon motion the documents were re- ceived, filed and referred to the City Attorney. Disposition of Claims: City Attorney advis- ing that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Nicole Haverland for vehicle damage, Gary Pitzen for vehicle damage. Upon motion the documents were received, filed and con- curred. Government Finance Officers Association (GFOA): City Manager advising that the Gov- ernment Finance Officers Association (GFOA) has awarded the City a Certificate of Achieve- ment for Excellence in Financial Reporting for the 2011 Certified Annual Financial Report (CAFR). Upon motion the documents were received and filed. Community Development Block Grant Re- covery (CDBG -R): City Manager recommend- ing authorization for the Mayor to sign docu- ments to close out the Community Develop- ment Block Grant Recovery (CDBG -R) associ- ated with the American Recovery and Rein- vestment Act of 2009. Upon motion the docu- ments were received and filed and Resolution No. 238 -12 Authorizing execution of a Com- munity Development Block Grant Recovery (CDBG -R) Grant Closeout Agreement with the U.S. Department of Housing and Urban De- velopment was adopted. RESOLUTION NO. 238 -12 AUTHORIZING EXECUTION OF A COMMU- NITY DEVELOPMENT BLOCK GRANT RE- COVERY (CDBG -R) GRANT CLOSEOUT AGREEMENT WITH THE U.S. DEPART- MENT OF HOUSING AND URBAN DEVEL- OPMENT Whereas, the City of Dubuque has award- ed a $328,269 Community Development Block Grant Recovery (CDBG -R) grant from the U.S. Department of Housing and Urban Develop- ment (HUD) for the in August 2009; and Whereas, the City has completed all eligi- ble activities for the CDBG -R program and expended all funds; and Whereas, a grant closeout agreement for the CDBG -R grant needs to be transmitted to U. S. Department of Housing and Urban De- velopment to close out the CDBG -R grant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 264 Regular Session, September 17, 2012 Book 142 Section 1. That the Grant Closeout Agree- ment for the Community Development Block Grant Recovery (CDBG -R) grant in the amount of $328,269 and identified as Grant Number B- 09 -MY -19 -0004 is hereby accepted. Section 2. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute said Grant Closeout Agreement on behalf of the City of Dubuque, Iowa as per the grant requirements. Section 3. That the City Manager is hereby authorized and directed to submit the Grant Closeout Agreement and related documents for the Community Development Block Grant Recovery Grant to the U.S. Department of Housing and Urban Development. Passed, approved and adopted this 17th day of September 2012. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk Consolidated Annual Performance and Evaluation Report (CAPER): City Manager recommending submission of the Consolidated Annual Performance and Evaluation Report (CAPER) to the U.S. Department of Housing and Urban Development Department (HUD) for the period of July 1, 2011 through June 30, 2012. Upon motion the documents were re- ceived and filed and Resolution No. 239 -12 Authorizing the submission of a Consolidated Annual Performance and Evaluation Report (CAPER) for the period commencing July 1, 2011 and concluding June 30, 2012 was adopted. RESOLUTION NO. 239 -12 AUTHORIZING THE SUBMISSION OF A CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR THE PERIOD COMMENCING JULY 1, 2011 AND CONCLUDING JUNE 30, 2012 Whereas, the City of Dubuque, Iowa, is an entitlement grant recipient under the Commu- nity Development Block Grant (CDBG) Pro- gram of the U.S. Department of Housing and Urban Development (HUD); and Whereas, the City of Dubuque, Iowa was awarded Homelessness Prevention and Rapid Re- Housing Program (HPRP) funds in FY 2009; and Whereas, the CDBG regulations require that no later than ninety (90) days after the completion of a program year, each entitle- ment recipient must submit a performance and evaluation report, Consolidated Annual Per- formance and Evaluation Report (CAPER); and, Whereas, the City has 1) prepared a CA- PER for the program year commencing July 1, 2011 and concluding June 30, 2012; 2) pub- lished notice of availability of the CAPER in the Telegraph Herald and City of Dubuque website on August 17,2012; 3) made copies of the CAPER available for public review at the Car- negie Stout Public Library, City Hall, Housing and Community Development Department and City of Dubuque website; 4) held a public hear- ing pursuant to published notice before the Community Development Advisory Commis- sion on September 5, 2012; and Whereas, the Community Development Advisory Commission has voted to approve the CAPER and to recommend City Council approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Consolidated Annual Performance and Evaluation Report (CAPER) for the period commencing July 1, 2011 and concluding June 30, 2012 is hereby approved for submission. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute the Consolidated Annual Performance and Evaluation Report (CAPER) on behalf of the City of Dubuque, Iowa. Section 3. That the City Manager is hereby authorized and directed to submit the Consoli- dated Annual Performance and Evaluation Report (CAPER) to the U.S. Department of Housing and Urban Development. Passed, approved and adopted this 17th day of September 2012. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk Iowa Finance Authority - Housing Trust Fund Application: City Manager recommend- ing submittal of a grant request to the Iowa Finance Authority to support home ownership activities in the Washington Neighborhood and to commit the matching funds. Upon motion the documents were received and filed and Resolution No. 240 -12 Approving commitment of matching funds for an application to the Iowa Finance Authority (IFA) for state housing trust funds was adopted. RESOLUTION NO. 240 -12 APPROVING COMMITMENT OF MATCHING FUNDS FOR AN APPLICATION TO THE IOWA FINANCE AUTHORITY (IFA) FOR STATE HOUSING TRUST FUNDS Whereas, the Iowa Finance Authority has recognized Dubuque's Housing Trust Fund Committee as a certified Local Housing Trust Fund; and Whereas, IFA has made funding available in state -wide competition to local trust funds for State Housing Trust Fund grants, in amounts based on population size; and Book 142 Regular Session, September 17, 2012 265 Whereas, a 25% local match is required for receipt of a funding award; and Whereas, the Housing Trust Fund Commit- tee has authorized an application to IFA for a Housing Trust Fund award, in the amount of $147,637; and Whereas, General Funds committed to the Washington Neighborhood revitalization initia- tive are available in the current year Housing Department budget in sufficient amount to meet the matching funds requirement; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves commitment of $37,000 in current year General Funds as a match to the applica- tion for IFA State Housing Trust Funds. Section 2. That the Housing Trust Fund Committee, in accordance with Sec. 2 -5D -7 of the Code of Ordinances, shall have final au- thority to direct how such funds shall be used in support of revitalization activities in the Washington Neighborhood. Passed, approved and adopted this 17th day of September, 2012. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk City Council Goals and Priorities 2012- 2014: Submission of the 2012 -2014 City Council goals and priorities from the August 27 and 28, 2012 City Council Goal Setting Ses- sion. Upon motion the documents were re- ceived and filed. Housing Trust Fund Advisory Committee: Correspondence from the Housing Commis- sion requesting approval for Commissioners Amy Eudaley and Jim Holz to be appointed as the Commission's representatives on the Housing Trust Fund Advisory Committee. Up- on motion the documents were received, filed, and approved. Childhood Lead Poisoning Prevention Pro- grams: City Manager recommending approval of a contract with the Dubuque County Board of Health and the Iowa Department of Public Health for continued funding of the Childhood Lead Poisoning Prevention Program (CLPPP) and a renewed agreement with the Visiting Nurse Association for services related to the CLPPP and Healthy Homes Program. Upon motion the documents were received, filed, and approved. Housing and Community Development Di- rector - Limited Account Authorization: City Manager recommending that Housing and Community Development Department Director Alvin Nash be granted authority to sign checks for specialized City of Dubuque bank ac- counts. Upon motion the documents were re- ceived and filed and Resolution No. 241 -12 Authorizing certain designated employees of the City of Dubuque authorization to execute checks on behalf of the City of Dubuque was adopted. RESOLUTION NO. 241 -12 AUTHORIZING CERTAIN DESIGNATED EMPLOYEES OF THE CITY OF DUBUQUE AUTHORIZATION TO EXECUTE CHECKS ON BEHALF OF THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque deposits certain funds for specific use in local commer- cial banking institutions; and Whereas, the commercial banking institu- tions require authorization by the City Council for City employees and others to sign checks and drafts drawn on such banking institutions; and Whereas, the City Council has determined that the City employees who may sign checks and drafts drawn on designated accounts on behalf of the City of Dubuque are Housing and Community Development Director for checks issued for the City of Dubuque Section 8 Rental Assistance program drawn on account number 70 -262 -5 at American Trust and Sav- ings Bank in Dubuque and Housing and Community Development Director for checks issued for the City of Dubuque Housing Reha- bilitation Loan program drawn on account number 80 -965 -9 at American Trust and Sav- ings Bank in Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Housing and Community Development Director is hereby authorized to sign checks and drafts on behalf of the City of Dubuque for the Section 8 Rental Assistance program drawn on account number 70 -262 -5 at American Trust and Savings Bank in Dubu- que. Section 2. The Housing and Community Development Director is hereby authorized to sign checks and drafts on behalf of the City of Dubuque for checks issued for the City of Dubuque Housing Rehabilitation Loan pro- gram account drawn on account number 80- 965-9 at American Trust and Savings Bank in Dubuque. Section 3. The Finance Director and Assis- tant Finance Director would also be authorized to sign checks and drafts for both accounts. Passed, approved and adopted this 17th day of September, 2012. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk 266 Regular Session, September 17, 2012 Book 142 Housing Enterprise Zone Program Agree- ment - Wilmac Property Company: City Man- ager recommending approval of a Housing Enterprise Zone Program Agreement by and among the Iowa Economic Development Au- thority, the City of Dubuque and Wilmac Prop- erty Company related to the redevelopment of the former Betty Building located at 151 East 9th Street. Upon motion the documents were received and filed and Resolution No. 242 -12 Approving a Housing Enterprise Zone Program Agreement by and among the Iowa Economic Development Authority, the City of Dubuque and Wilmac Property Company was adopted. RESOLUTION NO. 242 -12 APPROVING A HOUSING ENTERPRISE ZONE PROGRAM AGREEMENT BY AND AMONG THE IOWA ECONOMIC DEVELOP- MENT AUTHORITY, THE CITY OF DUBU- QUE AND WILMAC PROPERTY COMPANY Whereas, the City of Dubuque has estab- lished two Enterprise Zones and an Enterprise Zone Commission, and Whereas, the Enterprise Zone Commission on June 21, 2012 approved the application of Wilmac Property Company for Housing Enter- prise Zone benefits; and Whereas, Wilmac Property Company's ap- plication 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 Wilmac Property Company, a copy of which is at- tached hereto and by this reference made a part hereof; and Whereas, the City Council finds that the proposed agreement is acceptable and neces- sary 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 Devel- opment Authority Housing Enterprise Zone Program Agreement, Number 12 -HEZ -078, is hereby approved. Section 2. That the Mayor is hereby au- thorized 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 approv- al. Passed, approved and adopted this 17th day of September, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Plat of Survey - North Fork Trails #4: Zon- ing Advisory Commission recommending ap- proval of the Plat of Survey of North Fork Trails No. 4 (3400 Keymont Drive) subject to waiving the lot frontage requirements for Lot 2. Upon motion the documents were received and filed and Resolution No. 243 -12 Approving the Plat of Survey of North Fork Trails No. 4 in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 243 -12 APPROVING THE PLAT OF SURVEY OF NORTH FORK TRAILS NO. 4 IN CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Plat of Survey of North Fork Trails No. 4 in the city of Dubuque, Iowa; and Whereas, said Plat of Survey provides 16 feet of frontage for Lot 2 on a public or ap- proved private street, where 50 feet of street frontage is required by Section 11 -14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code; and Whereas, said Plat of Survey has been ex- amined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Plat of Survey has been ex- amined by the City Council and they find that it conforms to the statutes and ordinances relat- ing thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 11 -14 of Title 16 of the City of Dubuque Code of Ordinances, Uni- fied Development Code, is waived to allow 16 feet of frontage on a public street or an ap- proved private street for Lot 2. Section 2. That the Plat of Survey of North Fork Trails No. 4 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Plat of Sur- vey. Passed, approved and adopted this 17th day of September 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Final Plat - Harvest View Estates 11th Ad- dition: Zoning Advisory Commission recom- mending approval of the Final Plat of Harvest View Estates 11th Addition (Millstone Drive). Upon motion the documents were received and filed and Resolution No. 244 -12 Approving the Final Plat of Harvest View Estates 11th Addition in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 244 -12 APPROVING THE FINAL PLAT HARVEST VIEW ESTATES ELEVENTH ADDITION IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk the Final Plat Harvest View Estates Book 142 Regular Session, September 17, 2012 267 Eleventh Addition the City of Dubuque, Iowa; and Whereas, said Final Plat has been exam- ined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Final Plat has been exam- ined by the City Council and they find that it conforms to the statues and ordinances relat- ing to it. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Final Plat Harvest View Estates Eleventh Addition is hereby approved and the Mayor and City Clerk are hereby au- thorized and directed to endorse the approval of the City of Dubuque, Iowa upon said final plat. Passed, approved and adopted this 17th day of September 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Department of Education - Smart Grid Data Access Grant: City Manager recommending acceptance of a Smart Grid Data Access Grant from the U.S. Department of Energy for the Smarter Electricity Iowa Project. Upon mo- tion the documents were received, filed, and approved. Volunteer Solutions Software - Memoran- dum of Agreement: City Manager recommend- ing approval of a Memorandum of Agreement for agencies who post their volunteer opportu- nities on -line using the City managed Volun- teer Solutions Software. Upon motion the doc- uments were received, filed, and approved. Fire Hydrant Painting Program Phase I — Acceptance: City Manager recommending acceptance of the Phase I Fire Hydrant Paint- ing Program as completed by Ted Stackis Construction. Upon motion the documents were received and filed and Resolution No. 245 -12 Accepting Phase 1 of the fire Hydrant Painting Program and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 245 -12 ACCEPTING PHASE 1 OF THE FIRE HY- DRANT PAINTING PROGRAM AND AU- THORIZING THE PAYMENT OF THE CON- TRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for Phase 1 of the Fire Hydrant Painting Pro- gram (the Project) has been completed and the City's Consultant Engineer, IIW Engineer- ing of Dubuque, Iowa has examined the work and filed a certificate stating that phase 1 of the program has been completed according to the terms of the Public Improvement Contract and that the Consultant 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 Consultant Engineer is approved and the Pro- ject is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Fire Hydrant Painting Program appropriation for the phase 1 contract amount of $57,476.00 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 17th day of September, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Healthy Homes Demonstration Grant Pro- gram: Correspondence from the U.S. Depart- ment of Housing and Urban Development ad- vising that the City's Healthy Homes Demon- stration Work Plan Program has received an overall performance rating of 90 out of 100 and a Green designation. Upon motion the docu- ments were received and filed. Greater Dubuque Development Corpora- tion (GDDC) - Annual Report 2011 -2012: Greater Dubuque Development Corporation President and CEO Rick Dickinson submitting GDDC's 2011 -2012 Annual Report. Upon mo- tion the documents were received and filed. Arbor Estates Phase 3 - Acceptance of De- tention Facilities & Warranty Deed: City Man- ager recommending acceptance of the storm water detention facilities that the developer, Kivlahan Farms, L.C., has recently completed in Arbor Estates - Phase 3, and a warranty deed for the detention area and sanitary sewer lift station lot. Upon motion the documents were received and filed and Resolution No. 246 -12 Accepting stormwater detention facili- ties in Arbor Estates Phase 3; and Resolution No. 247 -12 Accepting a conveyance of proper- ty described as Lot 12 of Block 9 and Lot 15 of the replat of Lot 15 in Block 7 all in Arbor Es- tates in the City of Dubuque, Dubuque County, Iowa, was adopted. RESOLUTION NO. 246 -12 ACCEPTING STORMWATER DETENTION FACILITIES IN ARBOR ESTATES - PHASE 3 Whereas, pursuant to Resolution 450 -05, certain public improvements including storm - water detention facilities were installed by the developer of Arbor Estates — Phase 3; and Whereas, the stormwater detention facili- ties have been completed and the City Man- 268 Regular Session, September 17, 2012 Book 142 ager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans ap- proved by the City Council and in conformance with City specifications, and has recommend- ed that the stormwater detention facilities be accepted by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said stormwater detention facilities in Arbor Estates — Phase 3 be and the same is hereby accept- ed. Section 2. That maintenance of said stormwater detention facilities shall be per- formed by the City of Dubuque and assessed to the property owners in all phases of Arbor Estates as outlined in Resolution No. 450 -05. Passed, adopted and approved this 17th day of September, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk RESOLUTION NO. 247 -12 ACCEPTING A CONVEYANCE OF PROP- ERTY DESCRIBED AS LOT 12 OF BLOCK 9 AND LOT 15 OF THE REPLAT OF LOT 15 IN BLOCK 7 ALL IN ARBOR ESTATES IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, as part of the development of Arbor Estates — Phase 3, in the City of Dubu- que, Dubuque County, Iowa Kivlahan Farms, L.C. agreed to dedicate lots to the City for use as detention facilities and a sanitary sewer lift station; and Whereas, Kivlahan Farms, L.C., has exe- cuted a conveyance of said property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts, and consents to the Warranty Deed from Ki- vlahan Farms L.C. copies of which are at- tached hereto, as required by lowa Code Sec- tion 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, adopted and approved this 17th day of September, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk 2012 Sidewalk Assessment Program: City Manager recommending approval of a resolu- tion establishing the final assessment sched- ule for the 2012 Sidewalk Assessment Pro- gram. Upon motion the documents were re- ceived and filed and Resolution No. 248 -12 Adopting the final Schedule of Assessments for the 2012 Public Right -of -Way Sidewalk Repair Assessment Project was adopted. RESOLUTION NO. 248 -12 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE 2012 PUBLIC RIGHT - OF -WAY SIDEWALK REPAIR ASSESS- MENT PROJECT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: After full consideration, the Final Schedule of Assessments as shown on the attached sheet(s), Page 1 to Page 2 inclusive; is hereby approved for the Public Right -of -Way Sidewalk Repair Assessment Project. There is hereby assessed and levied as a special tax against and upon each of the bene- fited properties, the respective sums indicated. The amounts shown in said Final Schedule of Assessments as deficiencies are found to be proper and levied conditionally against the respective properties benefited by the im- provements as shown in the Final Schedule of Assessments, subject to the provisions of Iowa Code § 384.63. Said assessments against said lots are hereby declared to be in propor- tion to the special benefits conferred and not in excess of twenty -five percent of the value of same. The City Clerk be and is hereby directed to certify the Final Schedule of Assessments to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the Final Schedule of Assessments. On or before the date of the second publication of the no- tice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the office of the City Treasurer, City Hall, 50 W. 13th Street, Dubu- que, Iowa, at any time within 30 days after the date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid assessments of $100.00 or more are payable in 10 annual installments at the County Treasurer's Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual interest at nine percent (9 %) computed to De- cember 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its Book 142 Regular Session, September 17, 2012 269 due date on July 1 of each year. However, when the last day of September is a Saturday or Sunday, that amount shall be delinquent from the second business day of October. De- linquent installments will draw the same delin- quent interest as ordinary taxes. Property owners may elect to pay any annual install- ments semi - annually in advance. Passed, approved and adopted this 17th day of September, 2012. Roy D. Buol, Mayor Attest: Kevin Firnstahl, CMC, City Clerk Schedule of Assessments The 2012 Public Right -of -Way Sidewalk Repair Assessment Project PROPERTY OWNER NAME, LOT DE- SCRIPTION, PARCEL NUMBER, MAILING ADDRESS, CITY, STATE, ZIP, STREET ADDRESS, VALUATION WITH IMPROVE- MENT, SIDEWALK ASSESSMENT, ADMIN- ISTRATIVE FEE, TOTAL NET ASSESS- MENT Jerry S. & Rose M. Thill, LOT 8 GLEN - DALE ADD, 1013154008, 2916 Jackson St., Dubuque, IA 52001, 2916 Jackson St., $ 58,100.00, $1,398.00, $ 202.20, $1,620.20 Thomas P. & Mary V. Schwartz, LOT 24 TIVOLI ADD, 1024128024, 2231 Francis St., Dubuque, IA 52001 2231 Francis St., $ 101,600.00, $1,075.00, $153.75, $1,228.75 2012 Brick Manhole Replacement Project — Acceptance: City Manager recommending acceptance of the public improvements for the 2012 Brick Manhole Replacement Project, Bid Package 1, as completed by Drew Cook & Sons. Upon motion the documents were re- ceived and filed and Resolution No. 249 -12 Accepting the 2012 Brick Manhole Replace- ment Project and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 249 -12 ACCEPTING THE 2012 BRICK MANHOLE REPLACEMENT PROJECT AND AUTHOR- IZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the 2012 Brick Manhole Replacement Pro- ject (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 Engi- neer recommends that the Project be accept- ed; 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 2012 Brick Manhole Replacement Project appropria- tions for the contract amount of $95,792.15 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 17th day of September 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk Mystique Casino Re- Roofing Request: City Manager recommending approval of Mystique Casino's request to re -roof the original struc- ture of the Mystique Casino. Upon motion the documents were received, filed, and approved. Dubuque County Safe Youth Coalition: Dubuque County Safe Youth Coalition submit- ting an informational packet regarding drug and alcohol management and training in part- nership with Helping Services of Northeast Iowa and the State of Iowa Alcoholic Beverag- es Division. Upon motion the documents were received, filed and referred to the City Clerk. Eleventh Street Stair and Hand Railing Repair Project: City Manager recommending that the costs of the 11th Street Stair and Handrail Repair Project be officially recorded in the minutes of the City Council. Upon mo- tion the documents were received, filed and made a Matter of Record. City Utility Extensions to the Airport - De- sign Consultant Selection: City Manager rec- ommending the selection of WHKS as the pro- fessional design consultant to complete the design for the utility extensions to the Dubuque Regional Airport. Upon motion the documents were received, filed, and approved. Volunteer Generation Fund Grant Agree- ment: City Manager recommending approval of the Volunteer Generation Fund Grant agreement. Upon motion the documents were received, filed, and approved. Improvement Contracts / Performance, Payment and Maintenance Bonds: Porten Construction for the 5 Points Traffic Signal Reconstruction Project. Upon motion the doc- uments were received, filed, and approved. Signed Contracts: Iowa Department of Transportation Supplemental Agreements for Lighting and Primary Road Maintenance; Miron Construction Co. Change Order No. 17 270 Regular Session, September 17, 2012 Book 142 for the Water Pollution Control Plant Modifica- tions project. Upon motion the documents were received and filed. Alcohol License Applications: City Manager recommending approval of annual liquor, beer, and wine licenses as submitted. Upon motion the documents were received and filed and Resolution No. 250 -12 Approving applications for beer, liquor, and /or wine permits, as re- quired 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 was adopted. RESOLUTION NO. 250 -12 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND /OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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 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 bonds and otherwise complied with the re- quirements 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 author- ized and directed to cause to be issued the following named applicants and permit types. RENEWALS Bell Tower Productions, 2728 Asbury Rd., Special Class C Liquor (BeerNVine) (Sunday) Fat Tuesdays, 1121 University Ave., Class C Liquor (Sunday) Phillips 66 /Arby's, 10 South Main St., Class C Beer (Sunday) Happy's Place, 2323 Rockdale Rd., Class C Liquor (Sunday) Red Robin America's Gourmet Burgers & Spirits, 2775 NW Arterial, Class C Liquor (Outdoor) (Sunday) NEW Europa Cafe of Dubuque, 4031 Pennsyl- vania Ave., Special Class C Liquor (BeerNVine) SPECIAL EVENTS Dubuque Main Street, 1000 Jackson St, Class B Beer (Outdoor) (Includes Wine Cool- ers) Clarke University, 1550 Clarke Dr., Class B Beer (Outdoor) (Includes Wine Coolers) Mystique Community Ice Center, 1800 Admiral Sheehey Dr., Adding Outdoor Service for 9 -28 -12 Passed, approved and adopted this 17th day of September, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk ITEMS TO BE SET FOR PUBLIC HEARING Motion by Jones to receive and file the documents, adopt the resolutions, set the pub- lic hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Connors. Motion carried 6 -0. General Obligation Refunding Bonds: City Manager recommending that a public hearing be set for October 1, 2012, on the proposition of selling not to exceed $950,000 in General Obligation Refunding Bonds. Upon motion the documents were received and filed and Reso- lution No. 251 -12 Fixing Date for a meeting on the proposition of the issuance of not to ex- ceed $950,000 General Obligation Refunding Bonds, Series 2012G, (for an Essential Corpo- rate Purpose) 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 1, 2012 in the Historic Federal Building. RESOLUTION NO. 251 -12 FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $950,000 GENERAL OBLIGA- TION REFUNDING BONDS, SERIES 2012G, (FOR AN ESSENTIAL CORPORATE PUR- POSE) OF THE CITY OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF Whereas, it is deemed necessary and ad- visable that the City of Dubuque, State of Io- wa, should issue General Obligation Refund- ing Bonds, Series 2012G, to the amount of not to exceed $950,000, as authorized by Section 384.25, of the City Code of Iowa, for the pur- pose of providing funds to pay costs of carry- ing out an essential corporate purpose project as hereinafter described; and Whereas, before the bonds may be issued, it is necessary to comply with the provisions of the Code, and to publish a notice of the pro- posal to issue such bonds and of the time and place of the meeting at which the Council pro- poses to take action for the issuance of the bonds and to receive oral and /or written objec- tions from any resident or property owner of the City to such action. Book 142 Regular Session, September 17, 2012 271 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 1st day of October, 2012, for the purpose of taking action on the matter of the issuance of not to exceed $950,000 General Obligation Refund- ing Bonds, Series 2012G, for an essential cor- porate purpose of the City, the proceeds of which bonds will be used to provide funds to pay costs of refunding and refinancing of cer- tain outstanding City indebtedness, including the General Obligation Bonds, Series 2002C, dated December 1, 2002. 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 Division III of the City Code of Iowa, the Council hereby elects the "essential corporate purpose" classification and procedure with respect to each such pro- ject 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 language, pub- lished at least once weekly, and having gen- eral 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 meet- ing on the issuance of the bonds. Section 4. The notice of the proposed ac- tion to issue the bonds shall be in substantially the [Provided] form: Passed and approved this 17th day of Sep- tember, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Port of Dubuque Watermain Extension Project: City Manager recommending initiation of the public bidding procedure for the Port of Dubuque Watermain Extension Project, and that a public hearing be set for October 1, 2012. Upon motion the documents were re- ceived and filed and Resolution No. 252 -12 Preliminary 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 (Port of Dubuque Watermain Extension Project) was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on October 1, 2012 in the Historic Federal Building. RESOLUTION NO. 252 -12 PORT OF DUBUQUE WATERMAIN EXTEN- SION PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SET- TING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATED COST; AND OR- DERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: the proposed plans, specifications, form of contract and estimated cost for the Port of Dubuque Watermain Extension Project, 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 1st day of October, 2012, at 6:30 p.m. in the Historic Federal Building Council Chambers at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general cir- culation 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 inter- ested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The Port of Dubuque Watermain Extension 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 Bid- ders hereby approved. The City Clerk is hereby directed to adver- tise for bids for the construction of the im- provements 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 2:00 p.m. on the 4th day of October, 2012. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Citx Council for final action at 6:30 p.m. on the 15 day of October, 2012, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 17th day of September, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk Request to Vacate - Peosta Street (Giese Companies): City Manager recommending that a public hearing be set for October 1, 2012 to consider a request by Giese Companies to vacate a portion of Peosta Street abutting their 272 Regular Session, September 17, 2012 Book 142 property at 2125 Kerper Blvd. Upon motion the documents were received and filed and Reso- lution No. 253 -12 Resolution of Intent to va- cate and dispose of City interest in a portion of Peosta Street to be known as Lot A of Giese Subdivision in the City of Dubuque, Iowa; and Resolution No. 254 -12 Approving Plat of Pro- posed Vacated Peosta Street were adopted setting a public hearing for a meeting to com- mence at 6:30 p.m. on October 1, 2012 in the Historic Federal Building. RESOLUTION NO. 253 -12 INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN A PORTION OF PEOSTA ST, TO BE KNOWN AS LOT A OF GIESE SUBDIVISION IN THE CITY OF DUBUQUE, IOWA Whereas, Giese Companies has requested the vacating and disposal of a portion of Pe- osta Street; and Whereas, IIW, P.C. has prepared and submitted to the City Council a plat showing a proposed vacated portion of Peosta Street and assigned a lot number thereto, which hereinaf- ter shall be known and described as Lot A of Giese Subdivision in the City of Dubuque, Io- wa, should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque in- tends to vacate and dispose of its interest in Lot A of Giese Subdivision in the City of Dubu- que, Iowa. Section 2. That the conveyance of Lot A of Giese Subdivision in the City of Dubuque, Io- wa to Giese Companies be contingent upon the payment of $1540.00, plus platting, publi- cation, and filing fees. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to vacate and dispose of said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this 17th day of September, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 254 -12 APPROVING PLAT OF PROPOSED VA- CATED PEOSTA STREET Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated September 7, 2012 prepared by IIW, P.C., describing the proposed vacated portion of Peosta Street to be known as Lot A of Giese Subdivision in the City of Dubuque, Dubuque County, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated September 7, 2012 prepared by IIW, P.C. relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining storm and sanitary sewer lines and appurtenances as may be authorized by the City of Dubuque, Iowa. Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 17th day of September, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk BOARDS /COMMISSIONS Appointments were made to the following board /commissions: Cable Television Commission: One 3 -year term through July 1, 2015 (Vacant term of Her - rig). Applicant: Kathleen McMullen, 1308 Cur- tis Street. Motion by Jones to appoint Kathleen McMullen to the Cable Television Commission for a 3 -year term through July 1, 2015. Se- conded by Braig. Motion carried 6 -0. Civic Center Commission: One 3 -year term through June 29, 20123 (Vacant term of Field). Applicant: Kirstin Pope, 5388 Park Place — Application withdrawn for residency reasons. Housing Commission: One 3 -year terms through August 17, 2014 (Vacant term of Krey). Applicant: Rick J. Baumhover, 601 Gar- field Ave. #104. Motion by Connors to appoint Rick Baumhover to the Housing Commission for a 3 -year term through August 17, 2014. Seconded by Resnick. Motion carried 6 -0. Human Rights Commission: Two 3 -year terms through January 1, 2013 and January 1, 2015 (Vacant terms of Krey and Hansen). Ap- plicants: Rick J. Baumhover, 601 Garfield Ave. #104; and Howard Lee III, 516 Lincoln Ave. Motion by Connors to appoint Rick Baumhover and Howard Lee, III to the Human Rights Commission for 3 -year terms through January Book 142 Regular Session, September 17, 2012 273 1, 2013 and 2015 respectively. Motion failed for lack of a second. Motion by Connors to appoint Howard Lee, III to the Human Rights Commission for a 3- year term through January 1, 2015. Seconded by Resnick. Motion carried 6 -0. Zoning Advisory Commission: Two 3 -year terms through July 1, 2015 (Vacant terms of Hardie and Miller). Applicants: Stephen Har- die, 62 Freemont Ave.; Charles Miller, 7010 Asbury Rd. Motion by Braig to appoint Ste- phen Hardie and Charles Miller to the Zoning Advisory Commission for 3 -year terms through July 1, 2015. Seconded by Jones. Motion car- ried 6 -0. PUBLIC HEARINGS Upon motion the rules were suspended al- lowing anyone present to address the City Council. Vacate of Property - 2500 Kerper Blvd. (Key City Plating): Proof of publication on no- tice of public hearing to consider vacating a portion of Kerper Blvd. abutting property at 2500 Kerper Blvd. (Key City Plating) and the City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 255 -12 Vacating a portion of Kerper Boulevard abutting Lot 2 of McGraw -Hill, Key City Plating Replat in the City of Dubuque, Iowa, at 2500 Kerper Boule- vard; and Resolution No. 256 -12 Disposing of City interest in Lot 2A of McGraw -Hill, Key City Plating Replat in the City of Dubuque, Dubu- que County, Iowa. Seconded by Braig. Motion carried 6 -0. RESOLUTION NO. 255 -12 VACATING A PORTION OF KERPER BOULEVARD ABUTTING LOT 2 OF McGRAW -HILL, KEY CITY PLATING RE- PLAT IN THE CITY OF DUBUQUE, IOWA AT 2500 KERPER BOULEVARD Whereas, Rich Conlon has requested the vacating of a portion of Kerper Boulevard abut- ting Lot 2 of McGraw -Hill, Key City Plating Replat in the City of Dubuque, Dubuque Coun- ty, Iowa; and Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 27th day of August, 2012, pre- pared by Schneider Land Surveying & Plan- ning, Inc. describing the proposed vacated portion of Kerper Boulevard abutting Lot 2 of McGraw -Hill, Key City Plating Replat; and Whereas, pursuant to resolution and pub- lished notice of time and place of hearing, pub- lished in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on this 7th 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 Buildinp, Council Chambers (second floor), 350 West 6 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 Kerper Boulevard abutting Lot 2 of McGraw -Hill, Key City Plating Replat to be known as Lot 2A of McGraw -Hill, Key City Plating Replat 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 2A of McGraw -Hill, Key City Plating Replat in the City of Dubuque, Dubuque Coun- ty, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 17th day of September, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk RESOLUTION NO. 256 -12 DISPOSING OF CITY INTEREST IN LOT 2A OF McGRAW -HILL, KEY CITY PLATING REPLAT IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and pub- lished notice of time and place of hearing, pub- lished in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on this 7th 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 Buildinp, Council Chambers (second floor), 350 West 6 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real es- tate described as: Lot 2A of McGraw -Hill, Key City Plating Replat in the City of Dubuque, Dubuque Coun- ty, 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 not- ed. 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 2A of McGraw - Hill, Key City Plating Replat in the City of Dubuque, Dubuque County, Iowa, to Rich Conlon, LLC be and the same is hereby ap- proved for the sum of $3,915.00 plus the cost 274 Regular Session, September 17, 2012 Book 142 of platting, publication, and filing fees. Con- veyance 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, constructing, reconstructing, repairing, owning, operating, and maintaining storm sewer as may be au- thorized 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 convey- ance to Rich Conlon, LLC 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 Recorder and Dubuque County Auditor. Passed, approved and adopted this 17th day of September, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk Fiscal Year 2013 First Budget Amendment: Proof of publication on notice of public hearing to consider approval of the Fiscal Year 2013 First Budget Amendment, which amends the Fiscal Year 2013 budget for City Council ac- tions since the beginning of the Fiscal Year, and the City Manager recommending approv- al. Motion by Connors to receive and file the documents and adopt Resolution No. 257 -12 Amending the current budget for Fiscal Year Ending June 30, 2013. Seconded by Jones. Motion carried 6 -0. RESOLUTION NO. 257 -12 A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2013 (AS AMENDED LAST ON 4- 16 -2012 .) Be it Resolved by the Council of the City of Dubuque Section 1. Following notice published 9 -18- 2012 and the public hearing held, 09/17/2012 the current budget (as previously amended) is amended as set out herein and in the detail by fund type and activity that supports this resolu- tion which was considered at that hearing: (continued) Book 142 Regular Session, September 17, 2012 275 Passed this 17 "' day of September 2012 Roy D. Buol, Mayor Kevin S. Firnstahl, City Clerk As Certified Or Last Amended Current Amendment After Current Amendment Revenues & Other Financing Sources 22,007,300 0 22,007,300 Taxes Levied on Property 1 Less: Uncollected Property Taxes -Levy Year 2 0 0 0 Net Current Property Taxes 3 22,007,300 0 22,007,300 Delinquent Property Taxes 4 0 0 0 TIF Revenues 5 10,289,639 0 10,289,639 Other City Taxes 6 14,922,012 0 14,922,012 Licenses & Permits 7 1,339,574 0 1,339,574 Use of Money and Property 8 12,365,425 0 12,365,425 Intergovernmental 9 50,224,931 40,859,160 91,084,091 Charges for Services 10 34,178,789 33,000 34,211,789 Special Assessments 11 74,273 1,769,541 1,843,814 Miscellaneous 12 6,759,820 1 ,789,648 8,549,468 Other Financing Sources 13 92,703,315 6,207,492 98,910,807 Total Revenues and Other Sources 14 244,865,078 50,658,841 295,523,919 Expenditures & Other Financing Uses 25,339,063 506,630 25,845,693 Public Safety 15 Public Works _ 16 12,049,060 398,928 12,447,988 Health and Social Services _ 17 1,030,919 105,134 1,136,053 Culture and Recreation _ 18 10,546,195 128,007 10,674,202 Community and Economic Development 19 12,781,522 282,850 13,064,372 General Government 20 7,317,526 269,393 7,586,919 Debt Service 21 6,994,075 0 6,994,075 Capital Projects 22 44,312,974 56,145,710 100,458,684 Total Government Activities Expenditures 23 120,371,334 57,836,652 178,207,986 Business Type • Enterprises 24 94,088,699 38,999,733 133,088,432 Total Gov Activities & Business Ex- penditures 25 214,460,033 96,836,385 311,296,418 Transfers Out 26 32,464,076 - 3,067,539 29,396,537 Total Expenditures /Transfers Out 27 246,924,109 93,768,846 340,692,955 Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out Fiscal Year 28 - 2,059,031 - 43,110,005 - 45,169,036 29 Beginning Fund Balance July 1 30 22,279,858 43,110,005 65,389,863 Ending Fund Balance June 30 31 20,220,827 0 20,220,827 Passed this 17 "' day of September 2012 Roy D. Buol, Mayor Kevin S. Firnstahl, City Clerk 276 Regular Session, September 17, 2012 Book 142 Grand River Center - Floor Settlement Remediation Project: Proof of publication on notice of public hearing to consider approval of the plans, specifications, form of contract and the estimated cost for the Grand River Con- vention Center Floor Settlement Remediation Project and the City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 258- 12 Approval of plans, specifications, from of contract, and estimated cost for the Grand River Center floor Settlement Remediation Project. Seconded by Resnick. Motion carried 6 -0. RESOLUTION NO. 258 -12 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE GRAND RIVER CENTER FLOOR SETTLEMENT REMEDIATION PRO- JECT 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 Grand River Center Floor Settlement Project, in the estimated amount $363,500.00, are hereby approved. Passed, adopted and approved this 17th day of September, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk Upon motion the rules were reinstated lim- iting discussion to the City Council. ACTION ITEMS Green Alley Permeable Pavers Supple- mental Environmental Project (SEP) - Project Award: City Manager recommending award of the contract for the SEP Green Alley Permea- ble Pavers Project (between Jackson and Washington Streets from 16th to 17th; and between Jackson and White Streets from 17th to 18th) to the low bidder, Drew Cook and Sons Excavating. Motion by Braig to receive and file the documents and adopt Resolution No. 259 -12 Awarding public improvement con- tract for the SEP Green Alley Permeable Pav- ers Project - Between Jackson & Washington Streets from 16th to 17th and between Jackson & White Streets from 17th to 18th Seconded by Jones. Motion carried 6 -0. RESOLUTION NO. 259 -12 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE SEP GREEN ALLEY PERMEABLE PAVERS PROJECT — BE- TWEEN JACKSON & WASHINGTON STREETS FROM 16TH TO 17TH AND BE- TWEEN JACKSON & WHITE STREETS FROM 17TH TO 18TH Whereas, sealed proposals have been submitted by contractors for the SEP Green Alley Permeable Pavers Project — Between Jackson & Washington Streets from 16th to 17th and Between Jackson & White Streets from 17th to 18th (the Project) pursuant to Res- olution No. 222 -12 and Notice to Bidders pub- lished in a newspaper published in the City of Dubuque, Iowa on the 24th day of August, 2012. Whereas, said sealed proposals were opened and read on the 6th day of September, 2012 and it has been determined that Drew Cook & Sons Excavating of Dubuque, Iowa, with a bid in the amount of $247,488.10, is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Drew Cook and Sons Excavating. and the City Manager is hereby directed to execute a Public Improve- ment Contract on behalf of the City of Dubu- que for the Project. Passed, approved and adopted this 17th day of September, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk ARC Transfer Center Phase I Project - Re- jection of Bids: City Manager recommending rejection of all bids received for the construc- tion of the Area Residential Care Jule Transfer Center Phase I Project and recommends the project go through value engineering and re- design because all bids exceeded the budget. Motion by Jones to receive and file the docu- ments and approve the recommendation. Se- conded by Connors. Motion carried 6 -0. Code of Ordinances Amendment - Alcohol Violations: City Manager recommending that an ordinance amendment be adopted to refer all contested alcohol violations to the Iowa Alcoholic Beverages Division. Motion by Con- nors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Motion carried 6 -0. Motion by Connors for final consideration and passage of Ordinance No. 49 -12 Amend- ing 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, Section 4 -2B -15 Book 142 Regular Session, September 17, 2012 277 Suspension and Revocation Generally; Grounds, Section 4 -2B -16 Suspension and Revocation; Specific Terms; and Section 4 -2B- 17 Appeal and Hearing by Providing a Notice of Violation; Opportunity for Settlement or Hearing with the Iowa Alcoholic Beverages Division. Seconded by Jones. Motion carried 6 -0. OFFICIAL PUBLICATION ORDINANCE NO. 49 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PER- MITS, SECTION 4 -2B -15 SUSPENSION AND REVOCATION GENERALLY; GROUNDS, SECTION 4 -2B -16 SUSPENSION AND REV- OCATION; SPECIFIC TERMS; AND SEC- TION 4 -2B -17 APPEAL AND HEARING BY PROVIDING A NOTICE OF VIOLATION; OP- PORTUNITY FOR SETTLEMENT OR HEAR- ING WITH THE IOWA ALCOHOLIC BEVER- AGES DIVISION NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 4 -2B -15 of the City of Dubuque Code of Ordinances is amended to read as follows: 4- 2B -15: SUSPENSION AND REVOCA- TION GENERALLY; GROUNDS: A. A license or permit issued under this chapter may be suspended or revoked or a civil penalty may be imposed on the licen- see or permittee for any of the following: 2. Violation of any of the provisions of this chapter or Iowa Code Chapter 123. 7. The conviction of any liquor control licensee or wine or beer permittee for a violation of any of the provisions of this chapter is grounds for the sus- pension or revocation of the license or permit by the State of Iowa Alco- holic Beverages Division or the city. 8. If any liquor control licensee or wine or beer permittee is convicted of any violation of the Iowa Code, the liquor control license or wine or beer permit must be revoked and must be immediately surrendered by the hold- er and the bond of the licensee or permittee must be forfeited to the State of Iowa Alcoholic Beverages Division. B. A criminal conviction is not a prerequi- site to suspension, revocation, or imposi- tion of a civil penalty pursuant to this sec- tion. Section 2. Section 4 -2B -16 of the City of Dubuque Code of Ordinances is amended to read as follows: 4- 2B -16: SUSPENSION AND REVOCA- TION; NOTIFICATION; SPECIFIC TERMS: A. If any licensee, wine or beer permittee, or an employee of such licensee or permit - tee is convicted of a violation of this chap- ter or chapter 123 of the code of Iowa, the city must notify the licensee, wine or beer permittee of the violation. B. The city manager and the city attorney may enter into an agreement with the li- censee or permittee for the days for which a licensee or permittee may serve a sus- pension of a license or permit. C. The notice of violation must provide the licensee, wine or beer permittee a sum- mary of the violation, the penalties, and the available options, which include admitting the violation and accepting assessment of a penalty as follows: 2. Second violation (within a period of 2 years): The licensee or permittee must pay a one thousand five hun- dred dollar ($1,500.00) civil penalty and serve a thirty (30) day suspen- sion of the license or permit; howev- er, in lieu of the fine and suspension, the licensee or permittee may: a. Pay a five thousand dollar ($5,000.00) civil penalty and serve a thirty (30) day suspension of which sixteen (16) days will be suspended, on the condition that the licensee or permittee receive no further violations for a twelve (12) consecutive month probationary period. If there is a viola- tion within the twelve (12) month pro- bationary period, upon service of no- tice by the city, the sixteen (16) days which were suspended must be served by the licensee or permittee as agreed upon by the chief of police; or b. Pay a seven thousand five hundred dollar ($7,500.00) civil penalty and serve a thirty (30) day suspension of which twenty three (23) days will be suspended, on the condition that the licensee or permittee receive no fur- ther violations for a twelve (12) con- secutive month probationary period, together with two (2) of the following conditions selected by the licensee or permittee with the approval of the chief of police: (1) Terminate the employee who acted illegally. (2) Purchase and use identi- fication scanners for use on all alcohol sales. 278 Regular Session, September 17, 2012 Book 142 (3) All employees at the time of the violation who may serve alcohol and continue their employment with the li- censee or permittee must be trained in training for inter- vention procedures (TIPS) or other training approved by the city within ninety (90) days and all new employees hired within two (2) years who may serve alcohol must receive training within thirty (30) days of their hire date. (4) Use wristbands for pa- trons twenty one (21) years of age and older. (5) Hire staff to check the identification of all patrons as they enter the establish- ment for days of the week and hours as determined by the chief of police. (6) Purchase, install, and use a system which scans photo identifications and records a photograph of the identification and the indi- vidual using the identification to secure entrance into the business, or other electronic system as approved by the chief of police. (7) Such other conditions as agreed upon between the li- censee or permittee and the chief of police. If there is a violation within the twelve (12) month period following a settlement agree- ment between the licensee or permittee and the city, upon service of notice by the city, the twenty three (23) days which were suspend- ed must be served by the licensee or permit - tee as agreed upon by the chief of police. For purposes of the probationary period, the rein- statement of the suspension does not require a conviction; or c. Pay a fifteen thousand dollar ($15,000.00) civil penalty and serve a thirty (30) day suspension of which thirty (30) days will be suspended, on the condition that the licensee or permittee receive no further violations for a twelve (12) consecutive month probationary period, together with three (3) of the following conditions selected by the licensee or permittee with the approval of the chief of po- lice: (1) Terminate the employee who acted illegally. (2) Purchase and use identi- fication scanners for use on all alcohol sales. (3) All employees at the time of the violation who may serve alcohol and continue their employment with the li- censee or permittee must be trained in training for inter- vention procedures (TIPS) or other training approved by the city within ninety (90) days and all new employees hired within two (2) years who may serve alcohol must receive the training within thirty (30) days of their hire date. (4) Use wristbands for pa- trons twenty one (21) years of age and older. (5) Hire staff to check the identification of all patrons as they enter the establish- ment for days of the week and hours as determined by the chief of police. (6) Purchase, install, and use a system which scans photo identifications and records a photograph of the identification and the indi- vidual using the identification to secure entrance into the business, or other electronic system as approved by the chief of police. (7) Such other conditions as agreed upon between the li- censee or permittee and the chief of police. If there is a violation within the twelve (12) month period following a settlement agreement between the licensee or permittee and the city, upon service of notice by the city, the thirty (30) days which were suspended must be served by the licensee or permittee as agreed upon by the chief of police. For purposes of the probationary period, the reinstatement of the suspension does not require a conviction. 3. Third violation (within a period of 2 years): The licensee or permittee must pay a one thousand five hundred dollar ($1,500.00) civil penalty and serve a sixty (60) day suspension of the license or permit; however, in lieu of the fine and suspension, the licensee or permittee may: a. Pay a fifteen thousand dollar ($15,000.00) civil penalty and serve a sixty (60) day suspension of which thirty (30) days will be suspended, on Book 142 Regular Session, September 17, 2012 279 the condition that the licensee or permittee receive no further violations for a twelve (12) consecutive month probationary period, together with the following conditions: (1) Terminate the employee who acted illegally. (2) Purchase and use identifica- tion scanners for use on all alco- hol sales. (3) All employees at the time of the violation who may serve al- cohol and continue their em- ployment with the licensee or permittee must be trained in training for intervention proce- dures (TIPS) or other training approved by the city within ninety (90) days and all new employees hired within two (2) years who may serve alcohol must receive the training within thirty (30) days of their hire date. (4) Use wristbands for patrons twenty one (21) years of age and older. (5) Hire staff to check the identi- fication of all patrons as they en- ter the establishment for days of the week and hours as deter- mined by the chief of police. (6) Purchase, install, and use a system which scans photo identi- fications and records a photo- graph of the identification and the individual using the identification to secure entrance into the busi- ness, or other electronic system as approved by the chief of po- lice. (7) Such other conditions as agreed upon between the licen- see or permittee and the chief of police. If there is a violation within the twelve (12) month period following a settlement agreement between the licensee or permittee and the city, upon service of notice by the city, the thirty (30) days which were suspended must be served by the licensee or permittee as agreed upon by the chief of police. For purposes of the probationary period, the reinstatement of the suspension does not require a conviction. D. Any licensee, wine or beer permittee convicted of a violation of this chapter or chapter 123 of the code of Iowa, may con- test the violation and request a hearing with the State of Iowa Alcoholic Beverages Division as provided in Chapter 123 of the Iowa Code. Section 3. Section 4 -2B -17 of the City of Dubuque Code of Ordinances is amended to read as follows: 4- 2B -17: HEARING: The right to a hearing with the State of Io- wa Alcoholic Beverages Division as provided in Chapter 123 of the Iowa Code shall be af- forded a liquor control licensee, wine permit - tee, or beer permittee whose license or permit has been proposed for suspension, revocation, or denial. Section 4. This Ordinance takes effect on publication. Passed, approved, and adopted the 17th day of September, 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 22od day of September, 2012. /s/Kevin S. Firnstahl, CMC, City Clerk Code of Ordinances Amendment - Parking Violations and Fines: City Manager recom- mending approval to amend City Ordinance 9- 14- 321.621: Parking Violations; Fines: to in- clude language allowing the City Manager to waive fines on vehicles ticketed while the owner was involved in providing emergency response services to the City. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Motion carried 6 -0. Motion by Jones. for final consideration and passage of Ordinance No. 50 -12 Amend- ing City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Park- ing, Section 9 -14- 321.621 Parking Violations; Fines by adding a provision which allows the City Manager to waive parking violation fines for emergency responders. Seconded by Braig. Motion carried 6 -0. OFFICIAL PUBLICATION ORDINANCE NO. 50 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHICLES AND TRAFFIC, CHAPTER 14 PARKING, SECTION 9 -14- 321.621 PARKING VIOLA- TIONS; FINES BY ADDING A PROVISION WHICH ALLOWS THE CITY MANAGER TO WAIVE PARKING VIOLATION FINES FOR EMERGENCY RESPONDERS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 9 -14- 321.621 of the City of Dubuque Code of Ordinances is amended to read as follows: 9 -14- 321.621: PARKING VIOLATIONS; FINES: A. The owner or operator of any vehicle who shall receive notice, either personally or by the attaching of such notice to said 280 Regular Session, September 17, 2012 Book 142 vehicle, that said vehicle is parked in such manner, in such a place or for such a time as to violate the provisions of this chapter relating to the parking of vehicles, shall pay to the city treasurer as a penalty for such violation the following sum: B. Payment of the above fine by mail to the city treasurer shall be deemed paid as of the date of the postmark on the enve- lope thereof. C. For purposes of this section, a ticket shall become delinquent if not paid within seven (7) calendar days from the date of issuance. D. For purposes of this section, the city manager may waive a parking violation fine for emergency responders including, but not limited to, firefighters, law enforcement officers, emergency medical service per- sonnel, emergency communications per- sonnel, auxiliary police, and other person- nel having emergency response duties for a violation received during an emergency response event or service to the city. Section 2. This Ordinance takes effect on publication. Passed, approved, and adopted the 17th day of September, 2012. s/Roy D. Buol, Mayor Attest: /s /Kevin Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 22od day of September, 2012. /s/Kevin S. Firnstahl, CMC, City Clerk Code of Ordinances Amendment - Road Work Zones: City Manager recommending approval to amend City Ordinance 9 -1 -321.1 to provide a definition of a Road Work Zone to mirror the State Code and approve an amendment to 9 -16- 321.1003 to detail the fine schedule for violations in Road Work Zones. Motion by Connors to receive and file the doc- uments and that the requirement that a pro- posed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Jones. Motion carried 6- 0. Motion by Connors for final consideration and passage of Ordinance No. 51 -12 Amend- ing City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 1 Gen- eral Provisions, Section 9 -1 -321.1 Definitions by adding a definition for Road Work Zones and Chapter 16 Miscellaneous City Provisions, Division 3 Administration by adding a new pro- vision relating to Road Work Zones. Seconded by Jones. Motion carried 6 -0. OFFICIAL PUBLICATION ORDINANCE NO. 51 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHICLES AND TRAFFIC, CHAPTER 1 GENERAL PROVISIONS, SECTION 9 -1 -321.1 DEFINI- TIONS BY ADDING A DEFINITION FOR ROAD WORK ZONES AND CHAPTER 16 MISCELLANEOUS CITY PROVISIONS, DI- VISION 3 ADMINISTRATION BY ADDING A NEW PROVISION RELATING TO ROAD WORK ZONES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 9 -1 -321.1 of the City of Dubuque Code of Ordinances is amended to read as follows: 9 -1- 321.1: DEFINITIONS: The following words and phrases, when used in this title shall, for the purpose of this title, have the meanings respectively ascribed to them in this section: ROAD WORK ZONE: The portion of a highway which is identified by posted or mov- ing signs at the site of construction, mainte- nance, survey, or utility work. The zone starts upon meeting the first sign identifying the zone and continues until a posted or moving sign indicates that the work zone has ended. Section 2. Chapter 16 of the City of Dubu- que Code of Ordinances is amended by add- ing hereto the following new section: 9 -16- 321.1003. ROAD WORK ZONE VIO- LATIONS: The scheduled fine for any moving traffic violation under Title 9 of the City Code, other than for violating the speed limit, is doubled if the violation occurs within any road work zone as defined in Section 9 -1- 321.1. The sched- uled fine for violating the speed limit in a road work zone is as follows: (1) One hundred fifty dollars ($150.00) for speed not more than ten (10) miles per hour over the post- ed speed limit. (2) Three hundred dollars ($300.00) for speed greater than ten (10) but not more than twenty (20) miles per hour over the posted speed limit. (3) Five hundred dollars ($500.00) for speed greater than twenty (20) but not more than twenty -five (25) miles per hour over the posted speed limit. (4) One thousand dollars ($1,000.00) for speed greater than twenty -five (25) miles per hour over the posted speed limit. Section 3. This Ordinance takes effect up- on publication. Passed, approved and adopted the 17th day of September, 2012. Book 142 Regular Session, September 17, 2012 281 /s /Roy D. Buol, Mayor Attest: /s /Kevin Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 22od day of September, 2012. /s/Kevin S. Firnstahl, CMC, City Clerk Code of Ordinances Amendments - Utility Billing Assessments: City Manager recom- mending ordinance amendments that will streamline the process to certify unpaid rates and charges to the County Treasurer by as- signing the responsibility to the Finance Direc- tor. Motion by Connors to receive and file the documents, adopt Resolution No. 260 -12 Del- egating authority to the Finance Director -City Treasurer to prepare Schedule of Assess- ments for delinquent water, sewer, refuse and stormwater accounts and to certify the Sched- ule of Assessments to the County Treasurer and to publish notice thereof and further moved that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Jones. Motion carried 6- 0. RESOLUTION NO. 260 -12 DELEGATING AUTHORITY TO THE FI- NANCE DIRECTOR -CITY TREASURER TO PREPARE SCHEDULE OF ASSESSMENTS FOR DELINQUENT WATER, SEWER, RE- FUSE AND STORMWATER ACCOUNTS AND TO CERTIFY THE SCHEDULE OF AS- SESSMENTS TO THE COUNTY TREASUR- ER AND TO PUBLISH NOTICE THEREOF Whereas, the finance director -city treasurer prepares, at least quarterly, Schedules of As- sessments for delinquent water, sewer, refuse, and stormwater accounts. Whereas, the City Council approves, adopts and certifies such Schedules of As- sessments to the County Treasurer, and a lien on the real property identified with such delin- quent water, sewer, refuse, and stormwater accounts is assessed and levied in the amount of the respective sums indicated in such Schedules of Assessments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That pursuant to Iowa Code § 384.84 the finance director -city treasurer is hereby di- rected to approve, adopt and certify said Schedules of Assessments to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publi- cation of which shall not be more than fifteen days from the date of filing of the final sched- ule. On or before the date of the second publi- cation of the notice, the finance director -city treasurer shall also mail a copy of said notice to property owners whose property is subject to assessments, as provided and directed in Iowa Code § 384.60. The assessments may be paid in full or in part at the Utility Billing Office, City Hall, 50 West 13th Street, Dubuque, Iowa at any time within thirty (30) days after the date of the first publication of the notice of filing of the Sched- ule of Assessments with the County Treasurer. After thirty (30) days, unpaid assessments are payable at the County Treasurer's Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa and charges shall be collected in the same manner as general property taxes against the respective parcels of the property set opposite the name of the property owner. Passed, approved and adopted this 17th day of September, 2012. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk Motion by Connors for final consideration and passage of: Ordinance No. 52 -12 Amending City of Dubuque Code of Ordinances Title 1 Admin- istration, Chapter 7 City Officers and Employ- ees, Section 7 Finance Director -City Treasurer Authorizing the Finance Director -City Treasur- er to certify delinquent utility billing charges to the County Treasurer; Ordinance No. 53 -12 Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 1 Water Use and Service, Article C Rates, Section 4 Payment of Bills Providing the Procedure for Delinquent Water Service Charges, Establishing a Lien for Non- payment of such charges, and authorizing the Finance Director -City Treasurer to certify such delinquent charges to the County Treasurer; Ordinance No. 54 -12 Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 2 Sewers and Sewage Dis- posal, Article C Rates, Section 13 -2C -5 Lien for Failure to Pay by providing the procedure for delinquent sewers and sewage disposal charges, establishing a lien for nonpayment of such charges, and authorizing the Finance Director -City Treasurer to certify such delin- quent charges to the County Treasurer; Ordinance No. 55 -12 Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 4 Stormwater Management, Section 11 Billing, Delinquent Accounts and Collection Procedures providing the procedure for delinquent stormwater management charg- es, establishing a lien for nonpayment of such charges, and authorizing the Finance Director - City Treasurer to certify such delinquent charges to the County Treasurer; and Ordinance No. 56 -12 Amending City of 282 Regular Session, September 17, 2012 Book 142 Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 6 Solid Waste, Article A City or Private Collection Service, Section 13 -6A -7 Charges; Billing and Collection by providing the procedure for delinquent solid waste charges, establishing a lien for nonpayment of such charges, and authorizing the Finance Director -City Treasurer to certify such delin- quent charges to the County Treasurer. Se- conded by Resnick. Motion carried 6 -0. OFFICIAL PUBLICATION ORDINANCE NO. 52 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 1 ADMINISTRATION, CHAPTER 7 CITY OFFICERS AND EM- PLOYEES, SECTION 7 FINANCE DIREC- TOR -CITY TREASURER AUTHORIZING THE FINANCE DIRECTOR -CITY TREASURER TO CERTIFY DELINQUENT UTILITY BILLING CHARGES TO THE COUNTY TREASURER Section 1. City of Dubuque Code of Ordi- nances §1 -7 -7 is amended to read as follows: Sec. 1 -7 -7. Finance Director -City Treasur- er: H. Certification of Delinquent Utility Bill- ing Charges: Pursuant to Iowa Code Sec- tion 384.84, the finance director -city treas- urer will prepare, at least quarterly, an as- sessment schedule listing all delinquent utility billing charges and late payment charges which accrued in the prior month or since the last assessment schedule was prepared, and the finance director -city treasurer is hereby delegated the authority, on behalf of the city, to certify and file each such assessment schedule with the county treasurer. Section 2. This Ordinance takes effect on publication. Passed, approved and adopted the 17th day of September, 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 22nd day of September, 2012. /s/Kevin S. Firnstahl, CMC, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 53 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAPTER 1 WATER USE AND SERVICE, ARTICLE C RATES, SECTION 4 PAYMENT OF BILLS PROVIDING THE PROCEDURE FOR DELINQUENT WATER SERVICE CHARGES, ESTABLISHING A LIEN FOR NONPAYMENT OF SUCH CHARGES, AND AUTHORIZING THE FINANCE DIRECTOR - CITY TREASURER TO CERTIFY SUCH DE- LINQUENT CHARGES TO THE COUNTY TREASURER Section 1. City of Dubuque Code of Ordi- nances §13 -1C -4 is amended to read as fol- lows: Sec. 13-1C-4. Payment of Bills: C. Late Payments; Procedure Upon Delin- quency: 1. If a bill remains unpaid twenty -five (25) days following the billing date, there will be added to the bill a penalty of five percent (5 %) of the total utility bill for late payment. 2. If bills are not paid within thirty (30) days following the billing date, the city re- serves the right to discontinue water ser- vice to the delinquent customer by shutting off the water service. The water service will not be restored until all current, delinquent, and penalty charges, in addition to a turn on charge, have been paid. 3. If a delinquency exists for a rental property in excess of sixty (60) days, the owner must assume responsibility for the future billings to such account. D. Lien for Nonpayment: 1. The city will have a lien upon the real property served by the city's water system for all delinquent charges. It is the duty of the finance director -city treasurer to certify such delinquent charges, plus the costs of administration, to the county treasurer and all such delinquent charges and costs will then constitute a lien against said property and be collected with and in the same manner as general property taxes on said property. 2. Bills for delinquent water service charges are subject to a delinquency lien certification when the same are unpaid for a period of sixty (60) days after the due date. 3. For all active water service accounts, if full payment of all charges billed, includ- ing late payment charges, is not received within thirty (30) days after the billing date, the city will send a notice of pending lien to the account holder in whose name the de- linquent charges were incurred. The notice must be sent at least thirty (30) days prior to certification of the lien to the county to such persons by ordinary mail to their last known addresses as reflected in the com- puter database account records of the city or in the county auditor's real estate com- puter data file. The notice must include the delinquent charge(s) and must indicate that if payment of the total amount is not made by a certain date (corresponding to the six- tieth (60th) day after the billing date for the delinquent account), the delinquent charge(s) will be certified to the county as Book 142 Regular Session, September 17, 2012 283 a lien against the property or premises owned or rented by the account holder in whose name the delinquent charges were incurred. 4. For all final water service accounts, if full payment of all charges billed, including late payment charges, is not received with- in thirty (30) days after the billing date, the city will send a notice of pending lien to the account holder in whose name the delin- quent charges were incurred. The notice must be sent at least thirty (30) days prior to certification of the lien to the county to such persons by ordinary mail to their last known addresses as reflected in the com- puter database account records of the city or in the county auditor's real estate com- puter data file. The notice must indicate that if payment of the total amount is not made by a certain date (corresponding to the sixtieth (60th) day after the billing date for that delinquent account), the delinquent charge or charges will be certified to the county as a lien against the property or premises owned or rented by the account holder in whose name the delinquent ac- count charges were incurred. 5. If full payment of all charges billed in an active water service account billing statement, including late payment charges, is not received within sixty (60) days after the billing date, the finance director -city treasurer, as the city's billing and collection agent, will prepare an assessment sched- ule listing such unpaid charges therein. If full payment of all charges billed in a final water service account billing state- ment, including late payment charges, is not received within sixty (60) days after the billing date, the finance director -city treas- urer, as the city's billing and collection agent, will prepare an assessment sched- ule listing such unpaid charges therein. A five dollar ($5.00) administrative pro- cessing fee will be charged to each delin- quent account at the time it is included in the assessment schedule, which amount will be separately identified on the as- sessment schedule and included in the amount being assessed. The finance direc- tor -city treasurer will prepare an assess- ment schedule at least quarterly, listing all delinquent water service charges, and late payment charges, which accrued in the prior month or since the last assessment schedule was certified. Each such as- sessment schedule must also identify each delinquent charge by name of the account holder in whose name the delinquent rates or charges were incurred, must identify each property for which water service charge is delinquent, and must show the delinquent charges and the administrative processing fee to be assessed against each such property owned or rented by the delinquent account holder. The finance di- rector -city treasurer is hereby delegated the authority, on behalf of the city, to certify and file each such assessment schedule with the county treasurer as provided in the Iowa Code Section 384.84. 6. Such lien will be enforced until pay- ment in full of the delinquent charges and the administrative processing fee shown on the assessment schedule is made at the office of the county treasurer. Section 2. This Ordinance takes effect on publication. Passed, approved and adopted the 17th day of September, 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 22nd day of September, 2012. /s/Kevin S. Firnstahl, CMC, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 54 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAPTER 2 SEWERS AND SEWAGE DIS- POSAL, ARTICLE C RATES, SECTION 13- 2C-5 LIEN FOR FAILURE TO PAY BY PROVIDING THE PROCEDURE FOR DE- LINQUENT SEWERS AND SEWAGE DIS- POSAL CHARGES, ESTABLISHING A LIEN FOR NONPAYMENT OF SUCH CHARGES, AND AUTHORIZING THE FINANCE DIREC- TOR -CITY TREASURER TO CERTIFY SUCH DELINQUENT CHARGES TO THE COUNTY TREASURER Section 1. City of Dubuque Code of Ordi- nances §13 -2C -5 is amended to read as fol- lows: Sec. 13 -2C -5: Lien For Failure To Pay: B. Certification Of Charges: It is the duty of the finance director -city treasurer to certify the actual rates and charges plus the costs of administration to the county treasurer as provided in section 13 -1C -4 of this title, and all such costs will then constitute a lien against said property and be collected with and in the same manner as general prop- erty taxes on said property. Section 2. This Ordinance takes effect on publication. Passed, approved and adopted the 17th day of September, 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 22od day of September, 2012. /s/Kevin S. Firnstahl, CMC, City Clerk 284 Regular Session, September 17, 2012 Book 142 OFFICIAL PUBLICATION ORDINANCE NO. 55 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAPTER 4 STORMWATER MANAGE- MENT, SECTION 11 BILLING, DELINQUENT ACCOUNTS AND COLLECTION PROCE- DURES PROVIDING THE PROCEDURE FOR DELINQUENT STORMWATER MANAGE- MENT CHARGES, ESTABLISHING A LIEN FOR NONPAYMENT OF SUCH CHARGES, AND AUTHORIZING THE FINANCE DIREC- TOR -CITY TREASURER TO CERTIFY SUCH DELINQUENT CHARGES TO THE COUNTY TREASURER Section 1. City of Dubuque Code of Ordi- nances §13 -4 -11 is amended to read as fol- lows: Sec. 13 -4 -11. Billing, Delinquent Accounts And Collection Procedures: A. Billing Procedure: The procedures for billing of the stormwater manage- ment service charges provided in section 13 -4 -6 through 13 -4 -8 of this chapter and for the collection of de- linquent stormwater management service charges are as provided in section 13 -1 C -4 of this title. B. Billing Directly For Stormwater Management Services: Contributors who are not billed by the city for wa- ter, sanitary sewer or refuse will be directly billed for stormwater man- agement services by the city. In such instances, the billing and collection of stormwater management charges is subject to the same rules and proce- dures as to delinquency in payment, certification of delinquency, and property lien as provided in section 13 -1C -4 of this title. Section 2. This Ordinance takes effect on publication. Passed, approved and adopted the 17th day of September, 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 22nd day of September, 2012. /s/Kevin S. Firnstahl, CMC, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 56 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAPTER 6 SOLID WASTE, ARTICLE A CITY OR PRIVATE COLLECTION SERVICE, SECTION 13 -6A -7 CHARGES; BILLING AND COLLECTION BY PROVIDING THE PRO CEDURE FOR DELINQUENT SOLID WASTE CHARGES, ESTABLISHING A LIEN FOR NONPAYMENT OF SUCH CHARGES, AND AUTHORIZING THE FINANCE DIRECTOR - CITY TREASURER TO CERTIFY SUCH DE- LINQUENT CHARGES TO THE COUNTY TREASURER Section 1. City of Dubuque Code of Ordi- nances §13 -6A -7 is amended to read as fol- lows: Sec. 13 -6A -7: Charges; Billing And Collec- tion: D. Certify Delinquent Accounts To County Treasurer: It is the duty of the finance director -city treasurer to certify the actual rates and fees plus the costs of administration to the county treasurer as provided in section 13 -1 C- 4 and all such costs will constitute a lien against said property and be col- lected with and in the same manner as general property taxes on said proper- ty. Section 2. This Ordinance takes effect on publication. Passed, approved and adopted the 17th day of September, 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 22nd day of September, 2012. /s/Kevin S. Firnstahl, CMC, City Clerk Eagle Point Energy - 1, LLC: City Manager recommending an amendment to the Eagle Point Energy - 1, LLC License Agreement for the solar power cells on the Municipal Services Building. Motion by Connors to receive and file the documents and adopt Resolution No. 261- 12 Approval of an amendment to the License Agreement regarding solar photovoltaic equipment between the City of Dubuque, Iowa, and Eagle Point Energy - 1, LLC. Seconded by Braig. Motion carried 6 -0. RESOLUTION NO. 261 -12 APPROVAL OF AN AMENDMENT TO THE LICENSE AGREEMENT REGARDING SO- LAR PHOTOVOLTAIC EQUIPMENT BE- TWEEN THE CITY OF DUBUQUE, IOWA AND EAGLE POINT ENERGY- 1, LLC Whereas, the City of Dubuque, Iowa (City) and Eagle Point Energy - 1, LLC (Eagle Point) entered into a License Agreement Regarding Solar Photovoltaic Equipment between the City of Dubuque, Iowa and Eagle Point Energy - 1, LLC dated the 3'd day of October, 20122: and Whereas, the parties now desire to amend certain sections of the License Agreement; and Book 142 Regular Session, September 17, 2012 285 Whereas, the City Council finds that it is in the best interests of the City to approve the License Agreement, a copy of which is [pro- vided] hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Amendment to License Agreement [provided] hereto is hereby ap- proved. Section 2. The City Manager is authorized to execute said Amendment on behalf of the City of Dubuque. Passed, approved and adopted this 17th day September, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Bee Branch Creek Restoration Project Service Agreement with Railroad: City Manag- er recommending a Service Agreement be- tween Dakota, Minnesota, & Eastern (DM &E) Railroad Corporation, a corporation doing business as Canadian Pacific (CP), and the City of Dubuque relating to the design of the proposed railroad bridge to be constructed as part of the Bee Branch Creek Restoration Pro- ject. Motion by Braig to receive and file the documents and adopt Resolution No. 262 -12 Authorizing the Service Agreement made and entered into by and between the City Of Dubuque, Iowa and Dakota, Minnesota & Eastern Railroad Corporation, doing business as Canadian Pacific. Seconded by Jones. Mo- tion carried 6 -0. RESOLUTION NO. 262 -12 AUTHORIZING THE SERVICE AGREEMENT MADE AND ENTERED INTO BY AND BE- TWEEN THE CITY OF DUBUQUE, IOWA AND DAKOTA, MINNESOTA & EASTERN RAILROAD CORPORATION, DOING BUSI- NESS AS CANADIAN PACIFIC Whereas, City is involved in activities to modify storm water drainage by day lighting the Bee Branch Creek ( "Bee Branch Project ") from 15th Street and Sycamore Street to 24t Street and Washington Street all within the city; Whereas, City is conducting design engi- neering of the Bee Branch Project (the "Design Engineering "); Whereas, the freight railroad operating property and freight rail operations of CP will be impacted by the Bee Branch Project; Whereas, City needs access to CP proper- ty and records, and input from CP for design engineering and ultimately requires CP's writ- ten approval of the Design Engineering plans; Whereas, CP is willing to cooperate with City's Design Engineering work, provided that CP is fully reimbursed for such services and City is agreeable to proceeding on that basis; Whereas, City and CP have signed a Memorandum of Understanding dated Sep- tember 7, 2012 concerning their mutual roles and objectives for the Bee Branch Project; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the City Manager is hereby authorized to sign the attached Service Agreement and any necessary amendments thereto with Da- kota, Minnesota, & Eastern Railroad Corpora- tion, a corporation doing business as Canadi- an Pacific for the purpose of advancing the engineering design of the railroad bridge re- quired as part of the next phase of the Bee Branch Creek Restoration Project. Passed, approved and adopted this 17th day of September, 2012. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk COUNCIL MEMBER REPORTS Council Member Sutton reported on her at- tendance at the Mexican Independence Day event in Jackson Park. There being no further business, upon mo- tion the City Council adjourned at 7:17 p.m. /s /Kevin S. Firnstahl, CMC City Clerk 286 Special Session, September 24, 2012 Book 142 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:00 p.m. on September 24, 2012 in Conference Room B at City Hall, 50 W. 13th Street. Present: Mayor Pro Tem Lynch; Council Members Braig, Connors, Jones (via phone and entered meeting at 5:20 p.m.), Resnick, Sutton; City Manager Van Milligen (via phone). Absent: Mayor Buol Mayor Pro -Tem Lynch read the call and stated this is a special session of the City Council called for the purpose of conducting a closed session regarding pending litigation pursuant to Chapter 21.5(1)(c) of the Code of Iowa. CLOSED SESSION Motion by Braig to convene in closed ses- sion at 5:05 p.m. to discuss pending litigation pursuant to Chapter 21.5(1)(c) of the Code of Iowa. Seconded by Connors. Motion carried 6- 0. Upon motion by Braig, the City Council re- convened in open session at 5:43 p.m. stating that staff had been given proper direction. Se- conded by Jones. Motion carried 6 -0. There being no further business, upon mo- tion the City Council adjourned at 5:44 p.m. /s /Kevin S. Firnstahl, CMC City Clerk Book 142 Regular Session, October 1, 2012 287 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS REGULAR SESSION The session Historic Dubuque City Council met in regular at 6:30 p.m. on October 1, 2012 in the 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 ac- cepted 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 Mari- na O'Rourke, 2084 Mullin Road; Make a Will Month (October 2012) was ac- cepted by Library Director Susan Henricks and Make a Will Month Committee Member Joan Ness. PRESENTATION(S) Iowa American Public Works Award - His- toric Millwork District: Civil Engineer II Jon Dienst presented the American Public Works Association (APWA), Iowa Chapter, Project of the Year Award in Transportation for the His- toric Millwork District Complete Streets Project. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose 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 Commis- sion of 8/28; Sister City Relationships Advisory Commission of 9/5; Transit Advisory Board of 9/13; Proof of Publication for City Council pro- ceedings 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 Attor- ney. Disposition of Claims: City Attorney advis- ing that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Dubuque Hose and Hydraulics for prop- erty damage, Cindy Hedley for property dam- age. Upon motion the documents were re- ceived, filed and concurred. Iowa Great River Road Corridor Manage- ment 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 Consor- tium on eight draft chapters of the Dubuque County Regional Smart Plan for sustainable development and upcoming public input meet- ings. Upon motion the documents were re- ceived 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 Community Grant for the Circles Initiative, as submitted to the Community Foundation of Greater Dubu- que. Upon motion the documents were re- ceived, 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 Associa- tion to reflect the addition of the Urban Mobility Coordinator position. Upon motion the docu- ments were received, filed and approved. Federal Emergency Management Agency (FEMA) - Buy -Out Program Demolition Bid- ding: City Manager recommending approval of the bid specifications and demolition agree- 288 Regular Session, October 1, 2012 Book 142 ment to allow re- bidding for the demolition of the flood damaged property at 1654 Manson Road. Upon motion the documents were re- ceived, filed and approved. Hillcrest Family Services - Murphy Park Agreement: City Manager recommending ap- proval 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 Re- pair Project Acceptance: City Manager rec- ommending acceptance of the public im- provements 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 Reso- lution No. 263 -12 Accepting the 11th Street Stair and Handrailing Repair Project, and au- thorizing 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 CONTRAC- TOR Whereas, the Public Improvement Contract for the 11TH Street Stair and Handrailing Re- pair 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 per- formed 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 documents were received, filed and approved. Iowa DOT Title VI Assurances and Non- discrimination Agreement: City Manager rec- ommending approval of the Title VI Assuranc- es and Title VI Nondiscrimination Agreement between the Iowa Department of Transporta- tion (IDOT) and the City of Dubuque related to local projects that are eligible for federal aid funding, and appointing City Engineer Gus Psihoyos as the Title VI Coordinator. Upon motion the documents were received, filed and approved. Environmental Stewardship Advisory Commission: Commissioner Gayle Walter submitting her resignation from the Environ- mental Stewardship Advisory Commission. Upon 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 Ac- count 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 examina- tion 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. Book 142 Regular Session, October 1, 2012 289 Cashier Vickie Wilwert Joseph Gonzalez Amanda Bickal Kris Erickson 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 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 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Confidential Account Clerk — Parking Divi- sion 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 Kathleen Reekie Anne Ernst Kathryn Hannan Abagail Butcher Jennifer Beecher Amber Gulick Kathy Lent Gina Hodgsen Juanita Soppe Heather Claussen Molly Meloy Jessica Oberbroeckling Gloria Luckey Rifat Sufi Jane Glennon Tricia Tranel Shelley Atchison Amanda Bickal Kris Erickson Sherry Driscoll Melissa Hillebrand Cheryl Pregler Marsha Rauch Casie Trimble Dave Hanson Connie Mueller Melissa Ware Kathryn Rupp Angela Weltzin Janelle Wilwert Mandy Splinter Kate Schwager 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 Resources for the Catfish Creek Watershed Management Plan. Upon motion the documents were re- ceived and filed and Resolution No. 264 -12 Authorizing grant application to Iowa Depart- ment of Natural Resources for creation of a Watershed Plan for the Catfish Creek Water- shed Management Authority was adopted. RESOLUTION NO. 264 -12 AUTHORIZING GRANT APPLICATION TO IOWA DEPARTMENT OF NATURAL RE- SOURCES FOR CREATION OF A WATER- SHED PLAN FOR THE CATFISH CREEK WATERSHED MANAGEMENT AUTHORITY Whereas, the Iowa Department of Natural Resources has grant funds for creation of wa- tershed plans for watershed management au- thorities; and Whereas, the City of Dubuque has signed the 28E agreement forming the Catfish Creek Watershed Management Authority that in- cludes an objective for creation of a watershed 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 Engi- neer is hereby authorized to submit an applica- tion to the Iowa Department of Natural Re- sources for "Developing a Smarter Watershed Plan for the Catfish Creek Watershed ". Section 2. That in the event said applica- tion is approved, the City Council hereby pro- vides its written assurance that the completed project will be adequately maintained for its intended use in accordance with state re- quirements. Passed, approved and adopted this 1st day of October 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk St. Marys Condominiums - Housing Enter- prise Zone Agreement: City Manager recom- mending approval of the Housing Enterprise Zone Program Agreement for St. Marys Con- dominiums, LLC for redevelopment of the for- mer St. Marys School Building located at 1501 Jackson Street into 10 multi - family housing units. Upon motion the documents were re- 290 Regular Session, October 1, 2012 Book 142 ceived 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. Marys Condominiums, LLC was adopted. RESOLUTION NO. 265 -12 APPROVING A HOUSING ENTERPRISE ZONE PROGRAM AGREEMENT BY AND AMONG THE IOWA ECONOMIC DEVELOP- MENT AUTHORITY, THE CITY OF DUBU- QUE AND ST MARY'S CONDOMINIUMS, LLC Whereas, the City of Dubuque has estab- lished two Enterprise Zones and an Enterprise Zone Commission; and Whereas, the Enterprise Zone Commission on July 5, 2012 approved the application of St. Mary's Condominiums, LLC for Housing En- terprise Zone benefits; and Whereas, St. Mary's Condominiums, LLC application was approved by the Iowa Eco- nomic 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 neces- sary 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 Devel- opment Authority Housing Enterprise Zone Program Agreement, Number 13 -HEZ -001, is hereby approved. Section 2. That the Mayor is hereby au- thorized 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 approv- al. Passed, approved and adopted this 1st 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 Con- vention 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 approved. 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 re- quired 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 was adopted. RESOLUTION NO. 266 -12 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND /OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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 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 bonds and otherwise complied with the re- quirements 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 author- ized and directed to cause to be issued the following named applicants and permit types. RENEWALS Aldi, Inc. #30, 2160 Holliday Dr., Class C Beer, Class B Wine (Carryout Wine) (Sunday) Carlos O'Kelly's Mexican Cafe, 1355 Asso- ciates Dr., Class C Liquor (Sunday) (Catering) Hy -Vee Gas #2 Dubuque, 2435 NW Arteri- al, Class C Beer (Sunday) Angie's Bar, 1401 Elm St., Class C Liquor (Sunday) Denny's Lux Club, 3050 Asbury Rd., Class C Liquor (Sunday) Grand River Center, 500 Bell St., Class C Liquor (Sunday) (Catering) Hilton Garden Inn / Houlihan's Restaurant, 1795 Greyhound Park Dr., Class B Liquor (Ho- tel /Motel) (Sunday) (Outdoor) NEW The Copper Kettle, Inc., 2987 Jackson St., Class C Liquor, Class B Native Wine, (Car- ryout Wine) (Catering) (Living Quarters) (Out- door) (Sunday) The District Bar, 1700 Central Ave., Class Book 142 Regular Session, October 1, 2012 291 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 pub- lic 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 propo- sition 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 OBLI- GATION BONDS, SERIES 2012E (FOR GENERAL CORPORATE PURPOSES) AND PROVIDING FOR PUBLICATION OF NO- TICE THEREOF Whereas, the City of Dubuque, Iowa, is in need of funds to carry out general corporate purpose projects as hereinafter described; and, it is deemed necessary that it should is- sue 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 provisions of Chapter 384 of the Code of Iowa, and to pub- lish a notice of the proposal to issue such bonds and the right to petition for an election. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBU- QUE, 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, recon- struction, enlargement, improvement, and equipping of community center houses, rec- reation grounds, recreation buildings, juvenile playgrounds, swimming pools, recreation cen- ters, parks, and golf courses, and the acquisi- tion of real estate therefor, including the Granger Creek Trail, Creek Wood Park, West- brook Park Phase II, roof replacement at McAleece Park, Park Maintenance Headquar- ters improvements and, Veteran's Memorial 32od storage; and the construction, reconstruc- tion, enlargement, improvement, and equip- ping of libraries, including Library exterior re- pairs, 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 playground equipment and shall bear interest at a rate not exceeding the maximum specified 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 language, pub- lished at least once weekly, and having gen- eral 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 ac- tion 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 Ob- ligation 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 Obliga- tion Bonds, the proceeds of which will be used to pay costs of projects in the City budget pre- viously 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 292 Regular Session, October 1, 2012 Book 142 Purposes) 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 OBLI- GATION BONDS, SERIES 2012E, (FOR ES- SENTIAL CORPORATE PURPOSES) OF THE CITY OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NO- TICE THEREOF Whereas, it is deemed necessary and ad- visable 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 here- inafter described; and Whereas, before the bonds may be issued, it is necessary to comply with the provisions of the Code, and to publish a notice of the pro- posal to issue such bonds and of the time and place of the meeting at which the Council pro- poses to take action for the issuance of the bonds and to receive oral and /or written objec- tions 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 construc- tion, reconstruction, and repairing of any street improvements, the acquisition, installation, and repair of traffic control devices and the acquisi- tion of real estate needed for any of the fore- going purposes; the acquisition, construction, reconstruction, 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 surface wa- ters and streams, including the 7th Street Storm Sewer, and sanitary forcemain repairs; the rehabilitation and improvement of parks already owned, including the removal, re- placement and planting of trees in the parks, and facilities, equipment, and improvements commonly found in City parks, including im- provements for Comiskey Park and Flora Park; the acquisition, construction, reconstruction, improvement, repair, and equipping of water- works, water mains, and extensions, and real and personal property, useful for providing potable water to residents of a City, including annual water main replacement, water main extensions, Green Alley water mains and fit- tings and Airport water main; and the acquisi- tion 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 Division III of the City Code of Iowa, the Council hereby elects the "essential corporate purpose" classification and procedure with respect to each such pro- ject 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 language, pub- lished at least once weekly, and having gen- eral 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 meet- ing on the issuance of the bonds. Section 4. The notice of the proposed ac- tion to issue the 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 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 Re- newal Bonds, the proceeds of which will be used to fund urban renewal projects in the City budget previously approved by the City Coun- cil. 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 Gen- eral Obligation Urban Renewal Bonds (for Ur- ban Renewal Purposes) of the City of Dubuque, Iowa, and providing for publication of notice thereof was adopted setting a public hearing for a melding to oom- n price at 6.30 p.m. on October 15, 2012 in the Historic Federal Building. Book 142 Regular Session, October 1, 2012 293 RESOLUTION NO. 269 -12 FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $12,000,000 GENERAL OBLI- GATION URBAN RENEWAL BONDS (FOR URBAN RENEWAL PURPOSES) OF THE CITY OF DUBUQUE, IOWA, AND PROVID- ING FOR PUBLICATION OF NOTICE THEREOF Whereas, it is deemed necessary and ad- visable 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 de- scribed; and Whereas, before the bonds may be issued, it is necessary to comply with the provisions of the Code, and to publish a notice of the pro- posal to issue such bonds and of the time and place of the meeting at which the Council pro- poses to take action for the issuance of the bonds and to receive oral and /or written objec- tions 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 pur- poses of the City, the proceeds of which bonds will be used to provide funds to pay costs of aiding in the planning, undertaking, and carry- ing out of urban renewal projects under the authority of chapter 403, including Downtown Rehabilitation Grants, Downtown Rehabilita- tion Financial Consultant Grants, the Washing- ton Neighborhood Business Loan Pool, a gen- erator, air conditioning improvements, electri- cal 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 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 improve- ment of City parking ramps, and the refunding and refinancing of outstanding City indebted- ness, including the General Obligation Urban Renewal Bonds, Taxable Series 2005C, the General Obligation Urban Renewal Bonds, Series 2006B, the General Obligation Refund- ing Bonds, Series 2006C, and the General Obligation Bonds, Series 2007B, issued for such purposes to achieve savings and facili- tate the use of committed private parking ar- rangements in connection with future down- town development projects, and all of the pur- poses 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, pub- lished at least once weekly, and having gen- eral 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 Division 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 projects or activities described in this resolution in multiple series, as appropriate. Section 4. The notice of the proposed ac- tion to issue the 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 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 terminate 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 ap- prove 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. 294 Regular Session, October 1, 2012 Book 142 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 AP- PROVE PAYMENT FOR SUCH AGREE- MENT 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 Oc- tober 1, 2012, that the Greater Downtown Ur- ban Renewal District be expanded and amended to provide opportunities for further redevelopment and reinvestment in the down- town 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 Hawthorne Street, in the newly expanded Greater Down- town Urban Renewal District (the "Property "); and Whereas, it is the determination of the City Council that terminating that lease and regain- ing possession of the Property for redevelop- ment and reinvestment, in exchange for cer- tain payments to be made by the City to Bowl- ing, is in the public interest of the City of Dubuque; and Whereas, under a proposed Agreement to Terminate Leases (the "Agreement ") between the City and Bowling, consideration for termi- nation 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, con- tinuing 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 appro- priate that a public hearing be held on the pro- posed Agreement between the Cityand Bowl- ing, such hearing to be held on October 15, 2012 at 6:30 p.m. in the Historic Federal Build- ing, 350 W. 6th Street, Dubuque, Iowa, and that notice thereof be published. 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 circulation pub- fished 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 scheduled to be held on October 15, 2012 at 6:30 p.m. in the Historic Federal Building, 350 W. 6h 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 Commis- sion: One 3 -Year term through June 30, 2015 (Vacant term of King). *Business Professional LivingNVorking within the Cultural District. Ap- plicants: 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 Kapler). 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 (Va- cant term of Elkins). Applicant: Christopher J. Welch, 164 Main St. PUBLIC HEARINGS Upon motion the rules were suspended al- lowing anyone present to address the City Council. Amended and Restated Urban Renewal Plan Greater Downtown UR District: Proof of publica- tion on notice of public hearing to consider adop- tion of the Amended and Restated Urban Re- newal Plan for the Greater Downtown Urban Renewal District to support reinvestment efforts in the district and the City Manager recommend- ing 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. Book 142 Regular Session, October 1, 2012 295 RESOLUTION NO. 271 -12 APPROVING THE AMENDED AND RE- STATED URBAN RENEWAL PLAN FOR THE GREATER DOWNTOWN URBAN RE- NEWAL DISTRICT Whereas, on August 6, 2012 the City Council of the City of Dubuque, Iowa author- ized the preparation of an Amended and Re- stated 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 Com- mission has reviewed the proposed Plan and has found that said document is consistent with the Comprehensive Plan for the develop- ment 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 ac- cordance with Chapter 403 of the Code of Io- wa with no written objections or recommended 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 amend- ed and restated Plan after public notice there- of. 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 Down- town 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 di- rected 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 Se- ries 2012G: Proof of publication on notice of public hearing to approve the suggested pro- ceedings for the public hearing on the issu- ance of General Obligation Bonds and ap- proval of a "Resolution Instituting Proceedings to Take Additional Action for the Issuance of Not to Exceed $950,000 General Obligation 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 General Obligation Re- funding Bonds, Series 2012G. Seconded by Jones. Motion carried 7 -0. RESOLUTION NO. 272 -12 INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE 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 in- stitute proceedings for the issuance of not to exceed $950,000 General Obligation Refund- ing Bonds, Series 2012G, for the essential corporate purpose of paying costs of refunding and refinancing of certain outstanding City indebtedness, including the General Obligation Bonds, Series 2002C, dated December 1, 2002, and has considered the extent of objec- tions received from residents or property own- ers as to the proposed issuance of bonds; and, accordingly the following action is now consid- ered 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 described; 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 approved 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 infor- mation 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 main- tain the integrity and security of the competi- tive 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 facsimile 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 action for the sale and issuance in the manner re- quired by law of not to exceed $950,000 Gen- eral Obligation Refunding Bonds, Series 2012G, for the foregoing essential corporate purpose. 296 Regular Session, October 1, 2012 Book 142 Section 2. The receipt of electronic bids lox facsimile machine and through the PARITY competitive bidding system described in the Official Statement are hereby found and de- termined to provide reasonable security and to maintain the integrity of the competitive bid- ding 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, correc- tions or modifications as the Finance Director, upon the advice of bond counsel and the City's financial advisor, shall determine to be appro- priate, 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 estimated cost for the Port of Dubuque Watermain Ex- tension Project and the City Manager recom- mending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 273 -12 Approval of plans, specifications, form of contract, and estimated 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 ESTIMATED COST FOR THE PORT OF DUBUQUE WA- TERMAIN 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 Project, 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 Peosta Street abutting their property at 2125 Kerper Blvd. and the City Manager recommending 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 re- quested 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, pre- pared by IIW, P.C. describing the proposed vacated portion of Peosta St. abutting Lot 2 of Giese Company, L.L.P.; and Whereas, pursuant to resolution and pub- lished notice of time and place of hearing, pub- lished 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 6 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 abut- ting Lot 2 of Giese Subdivision to be known as Lot A Giese Subdivision in the City of Dubu- que, 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, constructing, reconstructing, repairing, owning, operating, and maintaining and sanitary storm sewers as may be authorized by the City of Dubuque, Book 142 Regular Session, October 1, 2012 297 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 pub- lished notice of time and place of hearing, pub- lished 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 Buildinp, Council Chambers (second floor), 350 West 6 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real es- tate 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 not- ed. 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 Sub- division 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, publica- tion, 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, constructing, 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 convey - ance 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 Recorder 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 lim- iting discussion to the City Council. ACTION ITEMS International City /County Managers Asso- ciation (ICMA) Climate Change Fellowship: ICMA Climate Change Fellow Greg Bruce from Townsville, Queensland, Australia, reported on his activities and global connections regarding Sustainable Dubuque and sustainability since his exchange to Dubuque, in October 2011. Motion by Connors to receive and file the in- formation. Seconded by Resnick. Motion car- ried 7 -0. Grand River Center Floor Settlement Pro- ject 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. Motion carried 7 -0. RESOLUTION NO. 276 -12 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE GRAND RIVER CENTER 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 newspa- per 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 Pro- ject, and Whereas, the Hayward Baker, Inc. remedi- ation 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 Hay- ward 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, 298 Regular Session October 15, 2012 Book 142 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 set- tlement information on Clemons et al. vs. City of Dubuque and Brian Wullweber. Motion 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 settle- ment. Seconded by Lynch. Motion carried 7 -0. COUNCIL MEMBER REPORTS Council Member Connors reported on the death of Jim Michalski, former Council Mem- ber Ann Michalski's husband, and commented on how he exemplified the good citizen. 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 Dubuque 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 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on October 15, 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. 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 Stoval of Operation New View and Laura RousselI of Black Hills Energy; DollarWise Month (October 2012). Accept- ed 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 dispose 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 Publication 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 sup- Book 142 Regular Session October 15, 2012 299 plied. Upon motion the documents were re- ceived, filed and referred to the City Attorney. Disposition of Claims: Jennifer Cooper for lost income, Janice Even for vehicle damage, Cynthia Thomas for personal injury. Upon mo- tion the documents were received, filed and concurred. Government Finance Officers Association (GFOA): Correspondence from Government Finance Officers Association (GFOA) awarding the City of Dubuque the Distinguished Budget Presentation Award for the Fiscal Year 2013 Annual Budget and a Certificate of Recognition to Budget Director Jennifer Larson for having achieved this award. Upon motion the docu- ments were received and filed. Iowa Department of Public Health: Corre- spondence from State Public Health Dental Director Bob Russell advising that the City has been awarded the 2011 Water Fluoridation Quality Award by the Centers for Disease Con- trol 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 Row - houses located at 1765 -1795 Washington Street. Upon motion the documents were re- ceived and filed. Iowa Supreme Court Advisory Committee on Rules of Civil Procedure: Correspondence from Iowa Chief Justice Mark S. Cady advising that City Attorney Barry Lindahl has been ap- pointed as a co -chair to the Supreme Court Advisory Committee on Rules of Civil Proce- dure. Upon motion the document was received and filed. Dubuque Food Co -op - Letter of Support: City Manager submitting a Letter of Support for the Dubuque Food Co -op and its development in the Historic Millwork District. Upon motion the documents were received, filed and ap- proved. Multicultural Family Center Annual Report: City Manager transmitting the 2011 -2012 An- nual Report for the Multicultural Family Center. Upon motion the documents were received and filed. Partial Release of Mortgages - 2264 Wash- ington Street: City Manager recommending 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 motion the documents were received and filed and Reso- lution No. 277 -12 Releasing certain mortgages on Lot 2 Bee Branch Subdivision No. 8, in the City of Dubuque, Dubuque 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 legally described as Lot 2 of Lot 103 of L.H. Langwor- thy's Addition in the City of Dubuque, Iowa as part of the Lead Paint Hazard Reduction Pro- gram and Homeowner Rehabilitation Loan Program and; Whereas, a portion of Lot 2 of Lot 103 of L.H. Langworthy's Addition is being acquired for construction of Bee Branch Creek Restora- tion 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 num- bers 2008 - 14052, 2008 -15550 and 2009- 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 de- scribed as Lot 2 Bee Branch Subdivision No. 8 in the City of Dubuque, Dubuque County, Io- wa, be and the same is hereby approved. Section 2. That the Mayor be authorized and directed to execute the Releases of Mort- gage 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 Recorder 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 recommending approval to reject the one competitive bid re- ceived for the Safe Routes to School Project due to lack of City funding to cover the re- quired local match costs. Upon motion the documents were received and filed and Reso- lution No. 278 -12 Rejecting all competitive bid proposals received for the Safe Routes to 300 Regular Session October 15, 2012 Book 142 School Project, Iowa DOT Project No. SRTS- U -2100 (663) -8U -31 was adopted. RESOLUTION NO. 278 -12 REJECTING ALL COMPETITIVE BID PRO- POSALS 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 pro- posals 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 Cable 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 doc- uments 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 Com- munity Development Block Grant Program Contract No. 08- DRIFWP -203; and 2) that the IEDA intends to amend its Community Devel- opment Block Grant (CDBG) Contract 08- DRIF-WP-203 with the City by adding a Sup- plemental CDBG award for watershed plan- ning. Upon motion the documents were re- ceived, filed and referred to the City Manager. U.S. Economic Development Administra- tion (EDA): Correspondence from Robert Ol- son, Regional Director for the U.S. Economic Development Administration (EDA) advising 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 Fergu- son 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 resig- nation accepted. Confidential Account Clerk: City Manager recommending approval of the elimination of the vacant Head Ramp Cashier position and the creation of one additional Confidential Ac- count Clerk position in the Parking Division. Upon motion the documents were received, filed and approved. Improvement Contracts / Performance, Payment and Maintenance Bonds: Drew Cook & Sons contract for the SEP Green Alley Pro- ject (17th -18th between Jackson & White Streets and 16th -17th between Jackson and Washington Streets); Klauer Construction con- tract 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 an- nual liquor, beer, wine and tobacco licenses as submitted. Upon motion the documents 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 Li- cense Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits; and Resolution No. 280 -12 Approving applications 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 RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PERMITS Book 142 Regular Session October 15, 2012 301 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 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 bonds and otherwise complied with the re- quirements 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 author- ized 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 (Carryout Wine) (Sunday) (Outdoor) (Catering) 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) (BeerNVine) 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 Cen- ter, 1600 Cox Street, Class C Liquor (Sunday) (Catering) Target Store T -0086, 3500 Dodge St., Class E Liquor, Class B Wine (Carryout 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 (Sun- day) (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 Restau- rant, 2515 -1 NW Arterial, Class C Liquor (Sunday) (Outdoor) Grand Tap The, 802 Central, Class C Liq- uor (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. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 280 -12 APPROVING APPLICATIONS FOR RETAIL CIGARETTE/TOBACCO SALES PERMITS, AS REQUIRED BY IOWA CODE 453A.47A Whereas, applications for Ciga- rette/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 oth- erwise 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 author- ized 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 pub- lic 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 con- struction 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 Preliminary ap- proval of plans, specifications, form of con- tract, and estimated cost; setting date of public hearing on plans, specifications, form of con- tract, and estimated cost; and ordering the advertisement for bids (ARC Transfer Center Phase I Canopy - 2012 Project) was adopted setting a public hearing for a meeting to com- mence at 6:30 p.m. on November 5, 2012 in the Historic Federal Building. 302 Regular Session October 15, 2012 Book 142 RESOLUTION NO. 281 -12 ARC TRANSFER CENTER PHASE I CANO- PY — 2012 PROJECT PRELIMINARY AP- PROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEAR- ING ON PLANS, 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 plans, specifications, form of contract and estimated cost for the ARC Transfer Center Phase I Canopy - 2012 Pro- ject, 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 Fed- eral Building Council Chambers at which time interested persons may appear and be heard for or against the proposed plans and specifi- cations, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be pub- lished in a newspaper having general circula- tion 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 inter- ested 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 adver- tised 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 Bid- ders hereby approved. The City Clerk is hereby directed to adver- tise for bids for the construction of the im- provements 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 (4) but not more forty -five (45) days before the date for filing bids before 2:00 p.m. on the 20th day of No- vember, 2012. Bids shall be opened and read by the City Clerk at said time and will be sub- mitted 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 Cham- bers (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 con- sider 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 In- tention 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 hearing for a meeting to com- mence at 6:30 p.m. on November 5, 2012 in the Historic Federal Building. RESOLUTION NO. 282 -12 A RESOLUTION OF INTENTION TO DIS- POSE OF CITY -OWNED PROPERTY, SPE- CIFICALLY, NORTHERLY 35 FEET OF THE WESTERLY 170 FEET OF LOT 227 IN DA- VIS FARM, A PART OF DUBUQUE, IN THE CITY OF DUBUQUE, COUNTY OF DUBU- QUE, IOWA, ACCORDING TO THE REC- ORDED PLAT THEREOF, 2513 -2515 WHITE STREET Whereas, the City of Dubuque has ob- tained certain real property for purpose of its rehabilitation and re -sale for owner- occupied housing; and Whereas, the City received an offer to pur- chase this property from a first -time homebuy- er; and Whereas, such purpose supports the Neighborhood Stabilization Program and Washington 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 DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa, intends to dispose of its interest in the follow- ing legally- described property: 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 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 au- thorized and directed to cause this Resolution and a notice to be published as prescribed by Book 142 Regular Session October 15, 2012 303 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 bid- ding process for the Well Field Electrical Up- grades Project and further recommends that a public hearing be set for November 5, 2012, to approve the plans and specifications. Upon motion the documents were received and filed and Resolution No. 283 -12 Preliminary ap- proval of the specifications, form of contract, and estimated cost; setting date of public hear- ing on the specifications, form of contract, and estimated cost; and ordering the advertise- ment for bids (Well Field Electrical Upgrades Project) was adopted 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 CON- TRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON THE SPEC- IFICATIONS, 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 con- tract 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 appear and be heard for or against the proposed specifica- tions, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be pub- lished in a newspaper having general circula- tion 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 specifications, 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 Bid- ders hereby approved. The City Clerk is hereby directed to adver- tise for bids for the improvements herein pro- vided, 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 Cham- bers (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 Commis- sion: 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 Kapler). Applicant: Patricia Foster, 3565 Lunar Dr. Motion by Connors to appoint Patricia Fos- ter 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 ap- point Doris Hingtgen to the Housing Trust Fund Committee for a 3 -year term through September 8, 2012. Seconded by Resnick. 304 Regular Session October 15, 2012 Book 142 Motion carried 7 -0. Safe Community Advisory Committee: One 1 -Year term through December 31, 2012 (Va- cant term of Elkins). Applicant: Christopher J. Welch, 164 Main St. Motion by Connors to appoint Christopher Welch to the Safe Com- munity 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 al- lowing anyone present to address the City Council. General Obligation Bonds Series 2012E (General Corporate Purposes): Proof of publi- cation on notice of public hearing to consider the issuance of not to exceed $700,000 Gen- eral 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 $700,000 Gen- eral Obligation Bonds, Series 2012E. Second- ed by Jones. Motion carried 7 -0. RESOLUTION NO. 284 -12 INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORI- ZATION AND ISSUANCE OF NOT TO EX- CEED $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 issuance of not to exceed $700,000 General Obligation Bonds, for general corporate purposes, in order to provide funds to pay costs of the acquisition, construction, reconstruction, enlargement, improvement, and equipping of community center houses, recreation grounds, recreation 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 32od storage; and the construction, reconstruction, enlargement, improvement, and equipping of libraries, in- cluding Library exterior repairs, renovation and repair and replacement of windows; and any other purpose which is necessary for the oper- ation of the City or the health and welfare of its citizens, including the acquisition and installa- tion of Marshall School playground equipment, and no petition was filed calling for a referen- dum thereon. The following action is now con- sidered 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 described; 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 approved 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 infor- mation 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 main- tain the integrity and security of the competi- tive 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 facsimile 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 action for the authorization and issuance in the man- ner 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 PARITY7 competitive bidding system described in the Official Statement are hereby found and de- termined to provide reasonable security and to maintain the integrity of the competitive bid- ding 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, correc- tions or modifications as the Finance Director, upon the advice of bond counsel and the City's financial advisor, shall determine to be appro- priate, and is authorized to be distributed thereafter in connection with the offering of the Bonds for sale. Passed and approved this 15th day of Oc- tober, 2012. Book 142 Regular Session October 15, 2012 305 Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk General Obligation Bonds Series 2012E (Essential Corporate Purposes): Proof of pub- lication on notice of public hearing to consider the issuance of not to exceed $4,000,000 General Obligation Bonds and the City Man- ager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 285 -12 Instituting pro- ceedings to take additional action for the issu- ance 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 ISSUANCE 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 in- stitute proceedings for the issuance of not to exceed $4,000,000 General Obligation Bonds, Series 2012E, for the essential corporate pur- pose of paying 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, in- stallation, and repair of traffic control devices and the acquisition of real estate needed for any of the foregoing purposes; the acquisition, construction, reconstruction, extension, im- provement, and equipping of works and facili- ties useful for the collection, treatment, and disposal of sewage and industrial waste in a sanitary manner, for the collection and dispos- al of solid waste, and for the collection and disposal of surface waters and streams, in- cluding the 7th Street Storm Sewer, and sani- tary forcemain repairs; the rehabilitation and improvement of parks already owned, includ- ing 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 acquisition, construc- tion, 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 Al- ley water mains and fittings and Airport water main; and the acquisition of peace officer communication equipment and other emer- gency services communication equipment and systems, including police /emergency /public safety communication software, and has con- sidered the extent of objections received from residents or property owners as to the pro- posed 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 described; 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 approved 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 infor- mation 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 main- tain the integrity and security of the competi- tive 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 facsimile 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 action for the sale and issuance in the manner re- quired by law of not to exceed $4,000,000 General Obligation Bonds, Series 2012E, for the foregoing essential corporate purpose. Section 2. The receipt of electronic bids by facsimile machine and through the PARITY7 competitive bidding system described in the Official Statement are hereby found and de- termined to provide reasonable security and to maintain the integrity of the competitive bid- ding 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, correc- tions or modifications as the Finance Director, upon the advice of bond counsel and the City's financial advisor, shall determine to be appro- priate, and is authorized to be distributed thereafter in connection with the offering of the Bonds for sale. Passed and approved this 15th day of Oc- tober, 2012. 306 Regular Session October 15, 2012 Book 142 Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk General Obligation Urban Renewal Bonds Series 2012E: Proof of publication on notice 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. Motion by Connors to receive and file the documents and adopt Resolution No. 286 -12 Instituting proceedings to take additional action for the authorization and issuance of not to exceed $12,000,000 General Obligation Bonds, Series 2012E. Se- conded by Braig. Motion carried 7 -0. RESOLUTION NO. 286 -12 INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORI- ZATION AND ISSUANCE OF NOT TO EX- CEED $12,000,000 GENERAL OBLIGATION 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 issuance of not to exceed $12,000,000 General Obligation Urban Renewal Bonds, for general 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 improve- ments, 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 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 improve- ment of City parking ramps, and the refunding and refinancing of outstanding City indebted- ness, including the General Obligation Urban Renewal Bonds, Taxable Series 2005C, the General Obligation Urban Renewal Bonds, Series 2006B, the General Obligation Refund- ing Bonds, Series 2006C, and the General Obligation Bonds, Series 2007B, issued for such purposes to achieve savings and facili- tate the use of committed private parking ar- rangements in connection with future down- town 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 described, 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 approved 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 infor- mation 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 main- tain the integrity and security of the competi- tive 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 facsimile 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 action for the authorization and issuance in the man- ner required by law of not to exceed $12,000,000 General Obligation Urban Re- newal Bonds, for the foregoing general corpo- rate purposes. Section 2. The receipt of electronic bids by facsimile machine and through the PARITY7 competitive bidding system described in the Official Statement are hereby found and de- termined to provide reasonable security and to maintain the integrity of the competitive bid- ding 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, correc- tions or modifications as the Finance Director, upon the advice of bond counsel and the City's financial advisor, shall determine to be appro- priate, and is authorized to be distributed thereafter in connection with the offering of the Bonds for sale. Passed and approved this 15th day of Oc- tober, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Book 142 Regular Session October 15, 2012 307 Bowling & Beyond Dubuque, Inc.: Proof of publication on notice of public hearing to con- sider 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 Bowl- ing & Beyond Dubuque, Inc. for a building lo- cated in the Greater Downtown Urban Renew- al District. Seconded by Jones. Motion carried 7 -0. RESOLUTION NO. 287 -12 APPROVING AN AGREEMENT TO TERMI- NATE LEASES WITH BOWLING & BEYOND DUBUQUE, INC. FOR A BUILDING LOCAT- ED IN THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT Whereas, the City Council, by Resolution No. 271 -12, dated October 1, 2012, expanded and amended the Greater Downtown Urban Renewal District to provide opportunities 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 prop- erty located at 1860 Hawthorne Street, in the newly expanded Greater Downtown Urban Renewal District (the "Property"); and Whereas, under a proposed agreement be- tween the City and Bowling (the "Agreement'), City and Bowling agree to terminate all leases between City and Bowling, consideration 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 with- out 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 public hearing was held on October 15, 2012 at 6:30 p.m. in the Historic Federal Building,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 ter- minate the leases and regain possession of the Property for redevelopment and reinvest- ment, 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 re- gaining of possession of the Property is hereby approved. Section 2. That the Mayor is hereby au- thorized and directed to execute the Agree- ment to Terminate Leases on behalf of the City and City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is author- ized to take such actions are necessary to comply with the terms the Agreement to Ter- minate 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 lim- iting discussion to the City Council. ACTION ITEMS Convention and Visitors Bureau - Quarterly Report: President Keith Rahe provided a ver- bal update on the activities of the Dubuque Convention and Visitors Bureau that included 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 receive and file the document and approve a show of sup- port for the grant application. Seconded by Jones. Motion carried 7 -0. General Obligation Refunding Bonds Se- ries 2012G - Advertisement of Sale: City Man- ager 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 Resolution No. 289 -12 Authorizing the redemption of outstanding General Obliga- tion Bonds, Series 2002C, dated December 1, 2002, of the City of Dubuque, Iowa, and direct- ing Notice of Redemption. Seconded by Con- nors. Tim Oswald of Piper Jaffray reviewed the Report of Bond Sale with the City Council. Seconded by Connors. Tim Oswald of Piper 308 Regular Session October 15, 2012 Book 142 Jaffray reviewed the Report of Bond Sale with the City Council. Motion carried 7 -0. RESOLUTION NO. 288 -12 DIRECTING SALE OF GENERAL OBLIGA- TION 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 following $950,000 GENERAL OBLIGATION REFUND- ING 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. Section 2. That the statement of infor- mation for bond bidders and the form of con- tract for the sale of said bonds are hereby ap- proved and the Mayor and Clerk are author- ized 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 Oc- tober, 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 DECEM- BER 1, 2002, OF THE CITY OF DUBUQUE, IOWA, AND DIRECTING NOTICE OF RE- DEMPTION Whereas, the City has heretofore author- ized the issuance of $3,105,000 General Obli- gation 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 maturity 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 ad- visable 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 Reg- istrar 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 re- demption date. Section 3. The Finance Director is hereby authorized and directed to cause to be depos- ited in a separate fund, from the proceeds of the General Obligation Refunding Bonds, Se- ries 2012G, an amount sufficient to pay all principal and interest on the redeemed 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 Oc- tober, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Port of Dubuque Watermain Extension Project - Award of Contract: City Manager rec- ommending award of the Port of Dubuque Watermain Extension Project contract to Tschiggfrie Excavating, Inc. Motion by Con- nors 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 CON- TRACT FOR THE PORT OF DUBUQUE WA- TERMAIN EXTENSION PROJECT Whereas, sealed proposals have been submitted by contractors for the Port of Dubu- 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 21st 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 Tschig- gfrie 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 Book 142 Regular Session October 15, 2012 309 BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Tschiggfrie Ex- cavating and the City Manager is hereby di- rected to execute a Public Improvement Con- tract 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 recom- mendation. Seconded by Jones. Responding to questions from City Council, City Manager Van Milligen and Budget Director Jenny Lar- son provided information on the City's debt rate, debt capacity and debt service Bus Storage and Maintenance Facility: City Manager recommending approval of the selec- tion of IIW for the Site Selection Study and Environmental Analysis for a Bus Storage 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 Dele- gates: Correspondence from the National League of Cities requesting that the City des- ignate a voting delegate and alternate voting 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 Mem- ber 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 Workforce Investment Board (RWIB). CLOSED SESSION Motion by Jones to convene in closed ses- sion at 8:14 p.m. regarding pending litigation and property acquisition pursuant to Chapter 21.5(1)(c)(j) Code of Iowa. Seconded by Con- nors. 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 mo- tion the City Council adjourned at 8:32 p.m. /s /Kevin S. Firnstahl, CMC City Clerk 310 Regular Session, November 5, 2012 Book 142 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on November 5, 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 Veterans Day (November 11, 2012) was accepted by John Richardson of American Legion Post #6; Philanthropy Day (November 15, 2012) was accepted by Dan McCarthy, Executive Director of the Finley Health Foundation, 350 N. Grandview, and representing the Associa- tion of Fundraising Professionals, Greater Tri- State Chapter. Key Club Week (November 5 -9, 2012) was accepted by Natalie Walgren of Illinois/Eastern Iowa Key Club Region #15; Hospice Month (November 2012) was ac- cepted by Carole Carroll, Hospice of Dubuque, 2255 John F. Kennedy Road. PRESENTATION National Association of Development Or- ganizations (NADO) 2012 Innovation Award: Candace Eudaley and Chandra Ravada of the East Central Intergovernmental Association (ECIA) presented the 2012 NADO Innovation Award to the City of Dubuque for its role in the Smarter Travel Pilot Study. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Braig. Jacob Long, 4604 Cardinal Drive requested that ( #5) IBM for Smarter Electricity Iowa - Amendment to Joint Development Agreement be held for separate discussion. Motion carried 7 -0. Minutes and Reports Submitted: Art and Cultural Advisory Commission of 9/25, Building Code Board of Appeals of 10/26, City Council Proceedings of 10/15, Community Develop- ment Advisory Commission of 10/17, Dubuque County Emergency Management Commission of 8/7, Housing Commission of 9/25, Historic Preservation of 10/18 and 9/20, Library Board of Trustees of 8/23, 9/27 and Reports of 9/27 and 10/25, Long Range Planning Advisory Commission of 9/19, Transit Advisory Board of 10/11, Proof of Publication for City Council Proceedings of 10/1. Upon motion the docu- ments were received and filed. Notice of Claims and Suits: Rachel Galazin for vehicle damage, Sandra Juergens for vehi- cle damage, Darrell Whitt for property damage. Upon motion the documents were received, filed and referred to the City Attorney. Disposition of Claims: City Attorney advis- ing that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Jennifer Cooper for loss of income, Ra- chel Galazin for vehicle damage, Sandra Juergens for vehicle damage, Archie Ralston for vehicle damage, Darrell Whitt for property damage. Upon motion the documents were received, filed and concurred. 2012 Brick Manhole Replacement Project Bid Package 4 - Project Acceptance: City Manager recommending acceptance of the public improvements for the 2012 Brick Man- hole Replacement Project Bid Package 4 as completed by Drew Cook & Sons. Upon mo- tion the documents were received and filed and Resolution No. 291 -12 Accepting the 2012 Brick Manhole Replacement Project Bid Pack- age 4 and authorizing the payment of the con- tract amount to the contractor was adopted. RESOLUTION NO. 291 -12 ACCEPTING THE 2012 BRICK MANHOLE REPLACEMENT PROJECT BID PACKAGE 4 AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRAC- TOR Whereas, the Public Improvement Contract for the 2012 Brick Manhole Replacement Pro- ject Bid Package 4 (the Project) has been completed and the City Engineer has exam- ined the work and filed a certificate stating that the Project has been completed according to Book 142 Regular Session, November 5, 2012 311 the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the 2012 Brick Manhole Replacement Project Bid Pack- age 4 appropriations for the contract amount of $74,708.47 less any retained percentage pro- vided 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 5th day of November 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE 2012 BRICK MAN- HOLE REPLACEMENT PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 2012 Brick Manhole Replace- ment Project Bid Package 4 , and that said Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $77,308.47. Dated this 1st day of November, 2012. /s /Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 1st day of November, 2012. /s/Kevin S. Firnstahl, CMC, City Clerk IBM for Smarter Electricity Iowa - Amend- ment to Joint Development Agreement: City Manager recommending approval of an Amended Joint Development Agreement with IBM Research authorizing software licenses necessary to proceed with the Department of Energy Smart Grid Data Access Grant and reflecting a delay in the implementation dates. Motion by Connors to receive and file the doc- uments and approve the recommendation. Seconded by Jones. Jacob Long, 4604 Cardi- nal Drive, addressed the Council about con- cerns he had with public - private partnerships and requested discussion regarding the ex- penses, funding and competitiveness of the agreement. Responding to questions, Sustain - ability Coordinator Cori Burbach and Infor- mation Services Manager Chris Kohlmann stated that the program is fully funded through grant funds from the Department of Energy and does not compromise competitiveness since IBM is considered a sole- source provider of the products required for the Intelligent Op- erations Center. Mayor Buol stated that public - private partnerships are essential and invalua- ble to City projects. Motion carried 7 -0. Sungard OSSI - Public Safety Software Contract: City Manager recommending ap- proval to enter into a contract with Sungard OSSI for the public safety software for the City of Dubuque and its partner public safety agen- cies. Upon motion the documents were re- ceived, filed and approved. Alternative Services Concepts - Workers' Compensation Renewal Rates: City Manager recommending approval of the renewal rates from Alternative Services Concepts for ser- vices related to the administration of the City's Worker's Compensation Program for the peri- od October 1, 2012, through October 30, 2013. Upon motion the documents were received, filed and approved. Renewal Rate for Voluntary Dental Plan: City Manager recommending approval of the renewal rates for the Delta Dental plan for January 1, 2013, through December 31, 2012. Upon motion the documents were received, filed and approved. Hostess Brands WARN Notification: Corre- spondence from Jeff Parlato, Vice President of Human Resources and Labor Relations, providing an update to the Worker Adjustment and Retraining Notification (WARN) for Host- ess Brands. Upon motion the documents were received and filed. Design Review Guidelines Update - Grant Application: City Manager recommending ap- proval of the submittal of a National Trust for Historic Preservation Funds grant to update and consolidate multiple existing design man- uals into one comprehensive easy to use and understand document. Upon motion the doc- uments were received and filed and Resolution No. 292 -12 Authorizing grant application for NTHP Funds to update and consolidate design guideline manuals was adopted. RESOLUTION NO. 292 -12 AUTHORIZING GRANT APPLICATION FOR NTHP FUNDS TO UPDATE CONSOLIDATE DESIGN GUIDELINE MANUALS Whereas, the National Trust for Historic Preservation (NTHP) has Preservation Funds available to encourage preservation at the local level by providing seed money for preservation projects; and Whereas, the City of Dubuque has an adopted design guidelines in for both local historic districts and the Downtown Design Guidelines Area; and 312 Regular Session, November 5, 2012 Book 142 Whereas, the Historic Preservation Com- mission has determined a need to consolidate existing design guidelines manuals and update the manuals to incorporate sustainability and modern accessibility principles. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Planning Services Manager is hereby authorized to submit the NTHP Preservation Funds grant for $5,000 to update and consolidate design guideline manuals. Section 2. The City Council hereby pro- vides its written assurance that the completed project will be adequately maintained for its intended use in accordance with state re- quirements. Passed, approved and adopted this 5th day of November 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Quarterly Investment Report: City Manager transmitting the September 30, 2012 Quarterly Investment Report. Upon motion the docu- ments were received and filed. Plumbing Board: Board Member Dan Har- ris submitting his resignation from the Plumb- ing Board. Upon motion the document was received, filed and the resignation accepted. Iowa Economic Development Authority - Heartland Financial Contract: City Manager recommending approval of a contract with the Iowa Economic Development Authority for Iowa Values Funds (IVF) Financial Assistance benefits on behalf of Heartland Financial USA, Inc. for an expansion of office space in the Roshek Building. Upon motion the documents were received and filed and Resolution No. 293 -12 Approving an Iowa Values Fund Fi- nancial Assistance Contract by and among the Iowa Economic Development Authority, the City of Dubuque and Heartland Financial USA, Inc. was adopted. RESOLUTION NO. 293 -12 APPROVING AN IOWA VALUES FUND FI- NANCIAL ASSISTANCE CONTRACT BY AND AMONG THE IOWA ECONOMIC DE- VELOPMENT AUTHORITY, THE CITY OF DUBUQUE AND HEARTLAND FINANCIAL USA, INC. Whereas, the Heartland Financial USA, Inc. application was approved by the Iowa Economic Development Authority on June 22, 2012; and Whereas, the Iowa Economic Development Authority has prepared and submitted for City Council approval a contract relating to Iowa Values Fund Financial Assistance benefits for Heartland Financial USA, Inc. a copy of which is attached hereto and by this reference made a part hereof; and Whereas, the City Council finds that the proposed contract is acceptable and neces- sary 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 Devel- opment Authority Iowa Values Fund Financial Assistance contract, Number 12- IVF/TC -089, is hereby approved. Section 2. That the Mayor is hereby au- thorized and directed to execute the Contract on behalf of the City of Dubuque and forward the executed copy to the Iowa Economic De- velopment Authority for their approval. Passed, approved, and adopted this 5th day of November, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Purchase of Property - 1318 Jackson Street: City Manager recommending approval to purchase a house located at 1318 Jackson Street from the Marcellus J. Pottebaum Trust. Upon motion the documents were received and filed and Resolution No. 294 -12 Approving the acquisition of real estate located at 1318 Jackson Street in the City of Dubuque was adopted. RESOLUTION NO. 294 -12 APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 1318 JACKSON STREET, IN THE CITY OF DUBUQUE Whereas, the City of Dubuque intends to acquire certain properties located in the Wash- ington Neighborhood Revitalization Area for the purpose of rehabbing blighted structures; and Whereas, a purchase agreement has been finalized with the owner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legal- ly described property: North 1/2 Lot 56 East Dubuque Addition in the City of Dubuque, Iowa according to the recorded plats thereof at the cost of Thirty Thousand Dollars ($30,000.00). Section 2.That the City of Dubuque be and is hereby authorized to accept a Quit Claim deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the herein described real estate. Section 3.That the City Clerk be and he is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of Book 142 Regular Session, November 5, 2012 313 the Dubuque County Recorder, together with certified copy of the Resolution. Section 4.That the City Clerk be and he is hereby directed to forward a copy of this Reso- lution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 5th day of November, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Federal Emergency Management Agency (FEMA) Buy -Out - Demolition Contract: City Manager recommending approval of the award of the Regulated Asbestos Containing Material demolition contract to Environmental Man- agement Services of Iowa, Inc., to allow for the demolition of the flood- damaged property at 1654 Manson Road through the FEMA 403 Buy -Out Program. Upon motion the docu- ments were received, filed and approved. E. B. Lyons Interpretive Area Expansion - REAP Grant Agreement: City Manager rec- ommending approval of an agreement with the Iowa Department of Natural Resources for development of Phase 1 of the 52 -acre E.B. Lyons Interpretive Area Addition at the Mines of Spain State Recreation Area. Upon motion the documents were received and filed and Resolution No. 295 -12 Authorizing REAP Grant Agreement with Iowa Department of Natural Resources for development of E.B. Lyons Interpretive Area Addition - Phase 1 at the Mines of Spain was adopted. RESOLUTION NO. 295 -12 AUTHORIZING REAP GRANT AGREEMENT WITH IOWA DEPARTMENT OF NATURAL RESOURCES FOR DEVELOPMENT OF E.B. LYONS INTERPRETIVE AREA ADDITION - PHASE 1 AT THE MINES OF SPAIN Whereas, the Iowa Department of Natural Resources has allocated $200,000 in FY 2013 REAP (Resource Enhancement and Protec- tion) Program grant funds for development of phase 1 of the 52 -acre E.B. Lyons Interpretive Area Addition at the Mines of Spain; and Whereas, the City of Dubuque has entered into a purchase agreement with the Iowa Natu- ral Heritage Foundation for acquisition of said 52.19 acres (Bottoms Property) adjacent to the E.B. Lyons Interpretive Center and Mines of Spain. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor hereby is authorized to sign and the Planning Services Manager is hereby authorized to submit the REAP grant agreement with the Iowa Department of Natu- ral Resources for $200,000 in REAP grant funds for development of phase 1 of the E.B. Lyons Interpretive Area Addition at the Mines of Spain. Section 2. The City Council hereby pro- vides its written assurance that the completed project will be adequately maintained for its intended use in accordance with state re- quirements. Passed, approved and adopted this 5th day of November 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk White Water Creek Bridge Relocation Pro- ject, Phase 4 Wood Decking - Project Ac- ceptance: City Manager recommending ac- ceptance of the construction contract for the Historic White Water Creek Bridge Relocation Project, Phase 4 - Wood Decking, as complet- ed by Klauer Construction Company. Upon motion the documents were received and filed and Resolution No. 296 -12 Accepting the His- toric White Water Creek Bridge Relocation Project, Phase 4 - Wood Decking and author- izing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 296 -12 ACCEPTING THE HISTORIC WHITE WATER CREEK BRIDGE RELOCATION PROJECT, PHASE 4 — WOOD DECKING AND AU- THORIZING THE PAYMENT OF THE CON- TRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Historic White Water Creek Bridge Re- location Project, Phase 4 —Wood Decking (the Project) has been completed and the City En- gineer has examined the work and filed a cer- tificate stating that the Project has been com- pleted according to the terms of the Public Improvement Contract and that the City Engi- neer recommends that the Project be accept- ed; 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 His- toric White Water Creek Bridge Restoration Project, Phase 4 - Wood Decking capital im- provement appropriation for the contract amount of $15,852.00 less any retained per- centage provided for therein as provided in Iowa Code chapter 573, and to pay such re- tainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 5th day of November, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC City Clerk 314 Regular Session, November 5, 2012 Book 142 CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE HISTORIC WHITE WATER CREEK BRIDGE RELOCATION PROJECT, PHASE 4 — WOOD DECKING The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Historic White Water Creek Bridge Relocation Project, Phase 4 — Wood Decking, and that said Project has been per- formed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $15,852.00. Dated this 1st day of November, 2012. /s /Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 1st day of November, 2012. /s/Kevin S. Firnstahl, CMC City Clerk Technical Assistance Building Blocks for Sustainable Communities: City Manager sub- mitting a Letter of Interest to the U.S. Envi- ronmental Protection Agency for Technical Assistance Building Blocks for Sustainable Communities. Upon motion the document was received, filed and approved. Sustainable Dubuque Project Monthly Sta- tus Update: City Manager transmitting the Sus- tainable Dubuque Project Status Update for the months of September and October, 2012. Upon motion the documents were received and filed. Local Sustainability Matching Fund Grant Application: City Manager recommending ap- proval of Local Sustainability Matching Fund grant application to support the Green & Healthy Homes Initiative. Upon motion the documents were received, filed and approved. Federal Emergency Management Agency (FEMA) - 2012 Community Resilience Innova- tion Challenge Grant: City Manager transmit- ting information on the FEMA 2012 Community Resilience Innovation Challenge Grant that the City applied for in partnership with Sustainable Strategies DC. Upon motion the documents were received, filed and approved. Facade Design Work - Central Avenue: City Manager recommending approval to uti- lize available UDAG funds to assist property owners on Central Avenue in the Washington Neighborhood with conceptual design work for the facades on their commercial buildings. Upon motion the documents were received, filed and approved. Memo of Understanding IDOT Parking Ticket Registration Holds: City Manager rec- ommending approval of a Memorandum of Understanding with the State of Iowa Depart- ment of Motor Vehicles related to placement of holds by the City against any vehicle registra- tions that have unpaid parking tickets. Upon motion the documents were received, filed and approved. Request to Vacate - National Guard Read- iness Center: Communication from Richard Wolbers of Straka Johnson Architects on be- half of the National Guard Readiness Center requesting that the City vacate a portion of City -owned property at the intersection of 5001 Old Highway Road and 1035 Radford Road. Upon motion the documents were received, filed and referred to the City Manager. Belmont Forum and G8 Research Council Initiative: City Manager submitting corre- spondence to Dr. Nathanial G. Pitts of the Belmont Forum and G8 Research Council regarding the City's participation in the Urban Hydrology and Water Sustainability Initiative. Upon motion the documents were received, filed and approved. Improvement Contracts / Performance, Payment and Maintenance Bonds: Connolly Construction, Inc. for the Eagle Point Park Washout Repair Project; Hayward Baker, Inc. for the Grand River Convention Center Floor Settlement Remediation Project; Klauer Con- struction Company for the Historic White Wa- ter Creek Bridge Restoration Project Phase 4 - Wood Decking; McDermott Excavating for the 2012 Drain Tile Project. Upon motion the doc- uments were received, filed and approved. Signed Contracts: Contract with Schroeder Construction for the Upper Bee Branch Creek Restoration Project. Upon motion the docu- ment was received and filed. Alcohol Compliance Civil Penalty for Alco- hol License Holders - Olive Garden Restau- rant: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Olive Garden Restaurant, 3350 Dodge Street. Upon motion the documents were received, filed and approved. Alcohol License Applications: City Manager recommending approval of annual liquor, beer, and wine licenses as submitted. Upon motion the documents were received and filed and Resolution No. 297 -12 Approving applications for beer, liquor, and /or wine permits, as re- quired 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 was adopted. Book 142 Regular Session, November 5, 2012 315 RESOLUTION NO. 297 -12 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND /OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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 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 bonds and otherwise complied with the re- quirements 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 author- ized and directed to cause to be issued the following named applicants and permit types. RENEWALS Channel Inn Restaurant, 2010 1/2 Kerper Blvd., Class C Liquor Dubuque Area Chamber of Commerce, 300 Main St. Suite 200, Class B Native Wine Jumpin' Jane's Indoor Party & Play Center, 4292 Dodge Street, Class B Beer (Includes Wine Coolers) (Sunday) Kwik Stop Food Mart, 4039 Pennsylvania Ave., Class C Beer, Class B Native Wine (Sunday) Yen Ching Restaurant, 926 Main St, Class C Liquor Party Time Gift Creations, 1101 Main St, Class E Liquor, Class C Beer Passed, approved and adopted this 5th day of November, 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 pub- lic hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Resnick. Motion carried 7 -0. Brunskill Road Bridge Reconstruction Pro- ject: City Manager recommending initiation of the public bidding process for the Brunskill Road Bridge Reconstruction Project, and fur- ther recommends that a public hearing be set for November 19, 2012. Upon motion the doc- uments were received and filed and Resolution No. 298 -12 Preliminary 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 ordering the advertisement for bids (Brunskill Road Bridge Reconstruction Project Iowa DOT Project No. BROS -2100 (659)8J- 31) was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on Novem- ber 19, 2012 in the Historic Federal Building. RESOLUTION NO. 298 -12 BRUNSKILL ROAD BRIDGE RECON- STRUCTION PROJECT IOWA DOT PRO- JECT NO. BROS -2100 (659) -8J -31 PRELIM- INARY APPROVAL OF PLANS, SPECIFICA- TIONS, FORM OF CONTRACT, AND ESTI- MATED COST, SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST, AND ORDERING THE ADVERTISE- MENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Brunskill Road Bridge Reconstruction Project, Iowa DOT Project No. BROS -2100 (659)-- 8J -31, in the estimated amount $1,173,309.52, 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 19th day of November, 2012, at 6:30 p.m. in the Historic Federal Building Council Chambers at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general cir- culation 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 inter- ested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The Brunskill Road Bridge Reconstruction Project, Iowa DOT Project No. BROS -2100 (659) -8J -31 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 Bid- ders hereby approved. The City Clerk is hereby directed to adver- tise for bids for the construction of the im- provements 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 316 Regular Session, November 5, 2012 Book 142 before 10:00 a.m. on the 20th day of Novem- ber, 2012. Bids shall be opened and read by the City Clerk at said time and will be submit- ted 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 Build- ing Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 5th day of November, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC City Clerk Hillcrest Family Services - Request to Va- cate Storm Sewer Easement: City Manager recommending approval of a request from Hillcrest Family Services to vacate a storm sewer easement on Lot 1 of Peterson Subdivi- sion No. 2 and further recommends that a pub- lic hearing be set for November 19, 2012. Up- on motion the documents were received and filed and Resolution No. 299 -12 Resolution of Intent to vacate and dispose of city interest in storm sewer easements over and across Lot 1 of Peterson Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa, was adopt- ed setting a public hearing for a meeting to commence at 6:30 p.m. on November 19, 2012 in the Historic Federal Building. RESOLUTION NO. 299 -12 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN STORM SEWER EASEMENTS OVER AND ACROSS LOT 1 OF PETERSON SUBDIVISION NO. 2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Hillcrest Family Services is the current owner of Lot 1 of Peterson Subdivision No. 2 in the City of Dubuque, Dubuque Coun- ty, Iowa; and Whereas, storm sewer easements are cur- rently platted on said Lot 1; and Whereas, development of said Lot 1 has established an alternate location for storm sewer and has been relocated with easements established for same; and Whereas, Hillcrest Family Services, has petitioned to vacate the former storm sewer easements across a portion of said Lot 1. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, in- tends to vacate and dispose of its interest in storm sewer easements over a portion of Lot 1 of Peterson Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa, as shown on the attached Exhibit. Section 2. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said interest to be published in the manner as prescribed by law. Passed, approved and adopted this 5th day of November, 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: Civic Center Commission: One 3 -Year term through June 29, 2013 (Vacant term of Fields). Applicants: McKenzie R. Hill, 394 '/% Bluff St. #2; Jeff Lenhart, 1711 Clarke Dr. Ms. Hill and Mr. Lenhart spoke in support of their respective appointments. Environmental Stewardship Advisory Commission: One 3 -Year term through Octo- ber 1, 2015 (Expired term of Walter). Appli- cants. David Koch, 1950 Admiral St.; Gina Makris, 166 Bluff St. Human Rights Commission: One 3 -Year term through January 1, 2015 (Vacant term of Krey). Applicant: Jeff Lenhart, 1711 Clarke Dr. Mr. Lenhart spoke in support of his appoint- ment. Investment Oversight Advisory Committee: One 3 -Year term through July 1, 2015 (Vacant term of King). Applicant: Rick Runde, 1034 Barbaralee Dr. Mediacom Charitable Foundation: One 1- Year term through December 31, 2013 (Ex- pired term of Chavenelle). Applicant: Gail Chavenelle, 1155 Kelly Lane. Mississippi River Partnership Council: One 3 -Year term through December 31, 2015 (Ex- pired term of Cawley). Applicant: Edward Caw- ley, 598 Needham St. PUBLIC HEARINGS Upon motion the rules were suspended al- lowing anyone present to address the City Council. Sale of Property - 2513 -2515 White Street: Proof of publication on notice of public hearing to consider the sale of City -owned property located at 2513 -2515 White Street to James Ferring and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 300- 12 Approving the sale of real estate specifical- ly 2513 -2515 White Street. Seconded by Con- nors. Jacob Long, 4604 Cardinal Drive, ques- tioned how the property was originally ac- quired. City Manager Van Milligen stated that the City Council approved the acquisition in 2010. Motion carried 7 -0. Book 142 Regular Session, November 5, 2012 317 RESOLUTION NO. 300 -12 APPROVING THE SALE OF REAL ESTATE SPECIFICALLY 2513 -2515 WHITE STREET Whereas, pursuant to a notice, duly pub- lished in the Telegraph Herald newspaper, in the City Council of Dubuque, Iowa, met on November 5, 2012, in the Dubuque Historic Federal Building, 350 West 6th Street, Dubu- que, Iowa to consider the proposal to dispose of City -owned real estate located at 2513 -2515 White Street. 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 Whereas, a qualifying home buyer, James Ferring, has signed an offer to purchase and has obtained financing from a local lender; and Whereas, the City Council of the City of Dubuque, Iowa has overruled any and all ob- jections, oral and written, to the proposal to dispose of the interest of the City of Dubuque, Iowa, in the herein and above -named real es- tate to the above -named grantee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the sale of the following legally - described property: 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, at the cost of Eighty -Six Thousand Dollars ($86,000). Section 2. That the City of Dubuque be and is hereby authorized to provide a Warranty Deed to the buyer, conveying the City's inter- est to James Ferring for the herein - described real estate. Section 3. That the City Clerk be and he is hereby authorized and directed to cause said Warranty Deed to be recorded in the Office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and he is hereby authorized and directed to forward a copy of this Resolution to the Dubuque Count Assessor and the Dubuque County Auditor. Passed, approved and adopted this 5th day of November 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Eagle Point Water Plant Well Field Electri- cal Upgrades Project: Proof of publication on notice of public hearing to consider approval of the plans, specifications, form of contract and the estimated cost for the Eagle Point Water Plant Well Field Electrical Upgrades Project and the City Manager recommending approv- al. Motion by Connors to receive and file the documents and adopt Resolution No. 301 -12 Approval of plans, specifications, form of con- tract, and estimated cost for the Eagle Point Water Plant Well Field Electrical Upgrades Project. Seconded by Jones. Motion carried 7- 0. RESOLUTION NO. 301 -12 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE EAGLE POINT WATER PLANT WELL FIELD ELECTRICAL UP- GRADES 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 Eagle Point Water Plant Well Field Electrical Upgrade Project, in the amount of $230,990 are hereby approved. Passed, adopted and approved this 5th day of November, 2012. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk ARC Transfer Center Phase I Project: Proof of publication on notice of public hearing to consider the plans, specifications, form of contract and the estimated cost for the ARC Transfer Center Phase I Project and the City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 302 -12 Approval of plans, specifications, form of contract, and estimated cost for the ARC Transfer Center Phase 1 Project. Seconded by Resnick. Re- sponding to questions from City Council, Transit Manager Barbara Morck provided an explanation of the project stating that phase 1 provides for a canopy at the Jule Transit Sys- tem's west side transfer center on John F. Kennedy Road. Additional amenities such as enclosures and restrooms are planned for phase 2 within the next year. Motion carried 7- 0. RESOLUTION NO. 302 -12 ARC TRANSFER CENTER PHASE I CANO- PY — 2012 PROJECT APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATED COST FOR THE ARC TRANSFER CENTER PHASE 1 PRO- JECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the ARC Transfer Center Phase I Canopy - 2012 Pro- ject, in the estimated amount of $223,516, are hereby approved. Passed, adopted and approved this 5th day of November, 2012. 318 Regular Session, November 5, 2012 Book 142 Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated lim- iting discussion to the City Council. ACTION ITEMS Greater Dubuque Development Corpora- tion: President and CEO Rick Dickinson pro- vided a quarterly update of the activities of the Greater Dubuque Development Corporation. Mr. Dickinson credited the City Council's initia- tives and public - private partnerships for the community's successes and described a num- ber of commercial business expansions that have taken place in the last year. Mr. Dickin- son also addressed the low unemployment rate, low property tax rate, and focus on work- force training as well as Dubuque's lead in the areas of financial and insurance services, cus- tomer service and manufacturing. Motion by Lynch to receive and file the information. Se- conded by Jones. Motion carried 7 -0. Code of Ordinances - ADA Readily Achievable Determinations: City Manager rec- ommending approval of an update to the City's Accessibility Code to clarify how the readily achievable standard is determined and provide for the use of alternative methods of reasona- ble accommodations in the event that the bar- rier removal is not readily achievable. Restated motion by Connors to receive and file the doc- uments and consider the first reading of a pro- posed ordinance amending City of Dubuque Code of Ordinances Title 14 Building and De- velopment, Chapter 1 Building Codes, Article 1 Accessibility Code for Readily Achievable Changes, Section 14 -11 -3 Removal of Archi- tectural Barriers if Readily Achievable by add- ing language to clarify that the determination of Readily Achievable within the City of Dubuque will be made by the City Manager. Seconded by Braig. Responding to questions from the City Council, City Manager Van Milligen stated that determinations would be made with the aid of staff advisors and that the City cannot safeguard against federal interpretation of "readily accessible." Proudly Accessible Dubu- que will be contacted for their input on the is- sue. Motion carried 7 -0. Blue Zone Project Finalist: City Manager requesting that the Mayor and at least two City Council Members attend and represent City Policy Leadership at the Blue Zones site visit on November 15, 2012. Motion by Connors to receive and file the documents and select Council Members Braig, Connors, Lynch, and Sutton as attendees. Public Health Specialist Mary Rose Corrigan and Blue Zone Leader- ship Team Member Sara Pickley provided details of the event. Motion carried 7 -0. Moody's Investors Service: City Manager transmitting the Moody's Investors Service bond ratings and detailed comments for five current bond issues. Motion by Jones to re- ceive and file the documents. Seconded by Resnick. City Manager Van Milligen provided information on how the City's Comprehensive Plan and Council goals and priorities direct debt issuance, debt service and the budget- ing /scheduling of Capital Improvement Pro- jects adding information on the City's current financial health and retention of its Aa1 bond rating. Sale of General Obligation Bonds, Series 2012E, F, H & 1: City Manager advising that the results of the sale of $3,695,000 General Obligation Bonds, Series 2012E; $1,050,000 Taxable General Obligation Bonds, Series 2011F; $2,420,000 General Obligation Urban Renewal Bonds, Series 2012H; and $7,034,000 Taxable General Obligation Re- funding Bonds will be brought to the November 5, 2012 City Council meeting for approval. Motion by Braig to receive and file the docu- ments and adopt Resolution No. 303 -12 Di- recting the sale of General Obligation Bonds, Series 2012E; Resolution No. 304 -12 Directing the sale of Taxable General Obligation Bonds, Series 2012F; Resolution No. 305 -12 Directing the sale of General Obligation Urban Renewal Bonds, Series 2012H; and Resolution No. 306- 12 Directing the sale of Taxable General Obli- gation Refunding Bonds, Series 20121. Se- conded by Jones. Tim Oswald of Piper - Jaffray reviewed the bond sale with the City Council. Motion carried 7 -0. RESOLUTION NO. 303 -12 DIRECTING SALE OF GENERAL OBLIGA- TION BONDS, SERIES 2012E Whereas, pursuant to notice as required by law, bids have been received at public sale for the bonds described as follows and the best bid received is determined to be the following: GENERAL OBLIGATION BONDS, SERIES 2012E:Bidder: Bank of America Merrill Lynch, of New York, NY, the terms of said bid being: Purchase Price: $3,641,351.93 Principal Amount: $3,640,000 True Interest Rate: 2.487518% Net Interest Cost: $958,432.17 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. Book 142 Regular Session, November 5, 2012 319 Section 2. That the statement of infor- mation for bond bidders and the form of con- tract for the sale of said bonds are hereby ap- proved and the Mayor and Clerk are author- ized 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 5th day of No- vember, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 304 -12 DIRECTING SALE OF TAXABLE GENERAL OBLIGATION BONDS, SERIES 2012F Whereas, pursuant to notice as required by law, bids have been received at public sale for the bonds described as follows and the best bid received is determined to be the following: TAXABLE GENERAL OBLIGATION BONDS, SERIES 2012F: Bidder: BOSC Inc., of Menomenie Falls, WI, the terms of said bid being: Purchase Price: $1,033,165.94 Principal Amount: $1,035,000 True Interest Rate: 1.700829% Net Interest Cost: $112,884.26 NOW, THEREFORE, BE IT RESOLVED BY THE City Council OF THE City of Dubu- que, 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. Section 2. That the statement of infor- mation for bond bidders and the form of con- tract for the sale of said bonds are hereby ap- proved and the Mayor and Clerk are author- ized 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 5t° day of No- vember, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 305 -12 DIRECTING SALE OF GENERAL OBLIGA- TION URBAN RENEWAL BONDS, SERIES 2012H Whereas, pursuant to notice as required by law, bids have been received at public sale for the bonds described as follows and the best bid received is determined to be the following: GENERAL OBLIGATION URBAN RENEWAL BONDS, SERIES 2012H: Bidder: Robert W. Baird & Co., Inc., of Red Bank, NJ, the terms of said bid being: Purchase Price: $2,373,670.28 Principal Amount: $2,385,000 True Interest Rate: 2.533700% Net Interest Cost: $687,029.17 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. Section 2. That the statement of infor- mation for bond bidders and the form of con- tract for the sale of said bonds are hereby ap- proved and the Mayor and Clerk are author- ized 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 5th day of No- vember, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 306 -12 DIRECTING SALE OF TAXABLE GENERAL OBLIGATION REFUNDING BONDS, SERIES 20121 Whereas, pursuant to notice as required by law, bids have been received at public sale for the bonds described as follows and the best bid received is determined to be the following: TAXABLE GENERAL OBLIGATION REFUND- ING BONDS, SERIES 20121: Bidder: BOSC Inc. of Menomonee Falls, WI, the terms of said bid being: Purchase Price: $7,294,553.15 Principal Amount: $7,285,000 True Interest Rate: 1.21925% Net Interest Cost: $325,931.91 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. Section 2. That the statement of infor- mation for bond bidders and the form of con- tract for the sale of said bonds are hereby ap- proved and the Mayor and Clerk are author- ized 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 5t° day of No- vember, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 320 Regular Session, November 5, 2012 Book 142 General Obligation Refunding Bonds, Se- ries 2012G - Complete Action on Issuance: City Manager recommending approval of the suggested proceedings to complete the action required on the recent Series 2012G refunding bond issuance. Motion by Jones to receive and file the documents and adopt Resolution No. 307 -12 Appointing Wells Fargo Bank, Na- tional Association of Minneapolis, Minnesota, to serve as Paying Agent, Bond Registrar, and Transfer Agent, approving the Paying Agent and Bond Registrar and Transfer Agent Agreement and authorizing the execution of the Agreement; and Resolution No. 308 -12 Authorizing and providing for the issuance of $950,000 General Obligation Refunding Bonds, Series 2012G, and levying a tax to pay said bonds. Seconded by Connors. Motion carried 7 -0. RESOLUTION NO. 307 -12 APPOINTING WELLS FARGO BANK, NA- TIONAL ASSOCIATION OF MINNEAPOLIS, MINNESOTA, TO SERVE AS PAYING AGENT, BOND REGISTRAR, AND TRANS- FER AGENT, APPROVING THE PAYING AGENT AND BOND REGISTRAR AND TRANSFER AGENT AGREEMENT AND AU- THORIZING THE EXECUTION OF THE AGREEMENT Whereas, pursuant to the provisions of Chapter 75 of the Code of Iowa, $950,000 General Obligation Refunding Bonds, Series 2012G, dated the date of delivery, have been sold at negotiated sale and action should now be taken to provide for the maintenance of records, registration of certificates and pay- ment of principal and interest in connection with the issuance of the bonds; and Whereas, this Council has deemed that the services offered by Wells Fargo Bank, National Association of Minneapolis, Minnesota, are necessary for compliance with rules, regula- tions, and requirements governing the registra- tion, transfer and payment of registered bonds; and Whereas, a Paying Agent, Bond Registrar and Transfer Agent Agreement (hereafter "Agreement') has been prepared to be entered into between the City and Wells Fargo Bank, National Association. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF DUBUQUE, STATE OF IOWA: Section 1. That Wells Fargo Bank, National Association of Minneapolis, Minnesota, is hereby appointed to serve as Paying Agent, Bond Registrar and Transfer Agent in connec- tion with the issuance of $950,000 General Obligation Refunding Bonds, Series 2012G, dated the date of delivery. Section 2. That the Agreement with Wells Fargo Bank, National Association of Minneap- olis, Minnesota, is hereby approved and that the Mayor and Clerk are authorized to sign the Agreement on behalf of the City. Passed and approved this November, 2012. 5th day of Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 308 -12 AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $950,000 GENERAL OBLI- GATION REFUNDING BONDS, SERIES 2012G, AND LEVYING A TAX TO PAY SAID BONDS Whereas, the Issuer is duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and Whereas, the Issuer is in need of funds to pay costs of refunding and refinancing of cer- tain outstanding City indebtedness, including the General Obligation Bonds, Series 2002C, dated December 1, 2002, an essential corpo- rate purpose, and it is deemed necessary and advisable that General Obligation Refunding Bonds, Series 2012G, to the amount of $950,000 be authorized for said purpose; and Whereas, pursuant to notice published as required by Section 384.25 of said Code, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of the Bonds, and the Council is therefore now authorized to proceed with the issuance of $950,000 Bonds; and Whereas, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above mentioned bonds were heretofore sold at pub- lic sale and action should now be taken to is- sue said bonds conforming to the terms and conditions of the best bid received at the ad- vertised public sale. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Reso- lution unless the text expressly or by neces- sary implication requires otherwise: ❑ "Authorized Denominations" shall mean $5,000 or any integral multiple thereof. ❑ "Beneficial Owner" shall mean the person in whose name such Bond is recorded as the beneficial owner of a Bond by a Participant on the rec- ords of such Participant or such per- son's subrogee. ❑ "Bond Fund" shall mean the fund created in Section 3 of this Res- olution. Book 142 Regular Session, November 5, 2012 321 ❑ "Bonds" shall mean $950,000 General Obligation Refunding Bonds, Series 2012G, authorized to be is- sued by this Resolution. ❑ "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with re- spect to the Bonds. ❑ "Continuing Disclosure Certifi- cate" shall mean that certain Continu- ing Disclosure Certificate executed by the Issuer and dated the date of issu- ance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accord- ance with the terms thereof. ❑ "Depository Bonds" shall mean the Bonds as issued in the form of one global certificate for each maturi- ty, registered in the Registration Books maintained by the Registrar in the name of DTC or its nominee. ❑ "DTC" shall mean The Deposi- tory Trust Company, New York, New York, a limited purpose trust compa- ny, or any successor book -entry se- curities depository appointed for the Bonds. ❑ "Issuer" and "City" shall mean the City of Dubuque, State of Iowa. ❑ "Participants" shall mean those broker - dealers, banks and other fi- nancial institutions for which DTC holds Bonds as securities depository. ❑ "Paying Agent" shall mean Wells Fargo Bank, National Associa- tion, or such successor as may be approved by Issuer as provided here- in and who shall carry out the duties prescribed herein as Issuer's agent to provide for the payment of principal of and interest on the Bonds as the same shall become due. ❑ "Project Fund" shall mean the fund into which a portion of the pro- ceeds that will be used, together with interest earnings thereon, to pay the principal, interest and redemption premium, if any, on the Refunded Bonds. ❑ "Rebate Fund" shall mean the fund so defined in and established pursuant to the Tax Exemption Certif- icate. ❑ "Refunded Bonds" shall mean the General Obligation Bonds, Series 2002C, dated December 1, 2002. ❑ "Registrar" shall mean Wells Fargo Bank, National Association of Minneapolis, Minnesota, or such suc- cessor as may be approved by Issuer as provided herein and who shall car- ry out the duties prescribed herein with respect to maintaining a register of the owners of the Bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Bonds. ❑ "Representation Letter" shall mean the Blanket Issuer Letter of Representations executed and deliv- ered by the Issuer to DTC on file with DTC. ❑ "Resolution" shall mean this resolution authorizing the Bonds. ❑ "Tax Exemption Certificate" shall mean the Tax Exemption Certif- icate executed by the Treasurer and delivered at the time of issuance and delivery of the Bonds. ❑ "Treasurer" shall mean the Fi- nance Director or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Bonds issued hereunder. Section 2. Levy and Certification of Annual Tax; Other Funds to be Used. (a) Levy of Annual Tax. That for the purpose of providing funds to pay the prin- cipal and interest of the Bonds hereinafter authorized to be issued, there is hereby levied for each future year the following di- rect annual tax on all of the taxable proper- ty in Dubuque, Iowa, to -wit: AMOUNT! FISCAL YEAR I (JULY 1 TO JUNE 30) I OF COLLECTION 1$190,318L 2012/2013 0 198, 6131 2013/2014 0196,713t 2014/2015 0194,8131 197,438 2015/2016 2016/2017 (NOTE: For example the levy to be made and certified against the taxable val- uations of January 1, 2012 will be collected during the fiscal year commencing July 1, 2013.) (b) Resolution to be Filed With County Auditor. A certified copy of this Resolution should be filed with the County Auditor of Dubuque County, State of Iowa, and said Auditor is hereby instructed in and for each of the years as provided, to levy and as- sess the tax hereby authorized in Section 2 of this Resolution, in like manner as other taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the City are collected, and when collected be used for the purpose of paying principal and interest on said Bonds 322 Regular Session, November 5, 2012 Book 142 issued in anticipation of said tax, and for no other purpose whatsoever. (c) Additional City Funds Available. Principal and interest coming due at any time when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from cur- rent funds of the City available for that pur- pose and reimbursement shall be made from such special fund in the amounts thus advanced. Section 3. Bond Fund. Said tax shall be collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the City, and when col- lected they shall be converted into a special fund within the Debt Service Fund to be known as the "GENERAL OBLIGATION REFUNDING BOND FUND 2012G" (the "Bond Fund "), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Bonds hereinafter authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes received by the City from property that is centrally as- sessed by the State of Iowa. Section 4. Application of Bond Proceeds. Proceeds of the Bonds other than accrued interest except as may be provided below shall be credited to the Project Fund and expended therefrom for the purposes of issuance. Pro- ceeds invested shall mature before the date on which the moneys are required for payment of principal and interest on the Refunded Bonds. Accrued interest, if any, shall be deposited in the Bond Fund. Section 5. Investments of Bond Fund Pro- ceeds. All moneys held in the Bond Fund, pro- vided for by Section 3 of this Resolution shall be invested in investments permitted by Chap- ter 12B, Code of Iowa, 2011, as amended, or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation and the deposits in which are in- sured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be continu- ously secured in compliance with Chapter 12C of the Code of Iowa, 2011, as amended, or otherwise by a valid pledge of direct obliga- tions of the United States Government having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for payment of principal of or interest on the Bonds as herein provided. Section 6. Bond Details, Execution and Redemption. (a) Bond Details. General Obligation Refunding Bonds of the City in the amount of $950,000, shall be issued pursuant to the provisions of Section 384.25 of the City Code of Iowa for the aforesaid purpose. The Bonds shall be designated "GENERAL OBLIGATION REFUNDING BOND, SE- RIES 2012G ", be dated the date of deliv- ery, and bear interest from the date there- of, until payment thereof, at the office of the Paying Agent, said interest payable on June 1, 2013, and semiannually thereafter on the 1st day of June and December in each year until maturity at the rates here- inafter provided. The Bonds shall be executed by the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the Clerk, and impressed or printed with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check to the regis- tered owner of the Bond. The Bonds shall be in the denomination of $5,000 or multi- ples thereof. The Bonds shall mature and bear interest as follows: [Pri nci pal;I nteresaViatu rityl !Amount! Rate !June 1sti 1$185,0001 1.00% L2013_1 1:$190,000i 1.00% 2014 $190,0001 1.00% 02015j 1:$190,001 1.25% L2016 1 $195,0001 1.25% i 2017 (b) Redemption. The Bonds are not subject to redemption prior to maturity. Section 7. Issuance of Bonds in Book - Entry Form; Replacement Bonds. (a) Notwithstanding the other provi- sions of this Resolution regarding registra- tion, ownership, transfer, payment and ex- change of the Bonds, unless the Issuer de- termines to permit the exchange of Deposi- tory Bonds for Bonds in the Authorized Denominations, the Bonds shall be issued as Depository Bonds in denominations of the entire principal amount of each maturity of Bonds (or, if a portion of said principal amount is prepaid, said principal amount less the prepaid amount); and such Depos- itory Bonds shall be registered in the name of Cede & Co., as nominee of DTC. Pay- ment of semi - annual interest for any De- pository Bond shall be made by wire trans- fer or New York Clearing House or equiva- lent next day funds to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated in or pur- suant to the Representation Letter. (b) With respect to Depository Bonds, neither the Issuer nor the Paying Agent Book 142 Regular Session, November 5, 2012 323 shall have any responsibility or obligation to any Participant or to any Beneficial Owner. Without limiting the immediately preceding sentence, neither the Issuer nor the Paying Agent shall have any responsi- bility or obligation with respect to (i) the ac- curacy of the records of DTC or its nomi- nee or of any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant, any Beneficial Owner or any other person, other than DTC or its nominee, of any notice with re- spect to the Bonds, (iii) the payment to any Participant, any Beneficial Owner or any other person, other than DTC or its nomi- nee, of any amount with respect to the principal of, premium, if any, or interest on the Bonds, or (iv) the failure of DTC to pro- vide any information or notification on be- half of any Participant or Beneficial Owner. The Issuer and the Paying Agent may treat DTC or its nominee as, and deem DTC or its nominee to be, the absolute owner of each Bond for the purpose of payment of the principal of, premium, if any, and interest on such Bond, for the purpose of all other matters with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes whatsoever (except for the giving of certain Bond holder con- sents, in accordance with the practices and procedures of DTC as may be applicable thereto). The Paying Agent shall pay all principal of, premium, if any, and interest on the Bonds only to or upon the order of the Bondholders as shown on the Registra- tion Books, and all such payments shall be valid and effective to fully satisfy and dis- charge the Issuer's obligations with respect to the principal of, premium, if any, and in- terest on the Bonds to the extent so paid. Notwithstanding the provisions of this Res- olution to the contrary (including without limitation those provisions relating to the surrender of Bonds, registration thereof, and issuance in Authorized Denomina- tions), as long as the Bonds are Depository Bonds, full effect shall be given to the Rep- resentation Letter and the procedures and practices of DTC thereunder, and the Pay- ing Agent shall comply therewith. (c) Upon (i) a determination by the Is- suer that DTC is no longer able to carry out its functions or is otherwise determined un- satisfactory, or (ii) a determination by DTC that the Bonds are no longer eligible for its depository services or (iii) a determination by the Paying Agent that DTC has re- signed or discontinued its services for the Bonds, if such substitution is authorized by law, the Issuer shall (A) designate a satis- factory substitute depository as set forth below or, if a satisfactory substitute is not found, (B) provide for the exchange of De- pository Bonds for replacement Bonds in Authorized Denominations. (d) To the extent authorized by law, if the Issuer determines to provide for the exchange of Depository Bonds for Bonds in Authorized Denominations, the Issuer shall so notify the Paying Agent and shall provide the Registrar with a supply of exe- cuted unauthenticated Bonds to be so ex- changed. The Registrar shall thereupon notify the owners of the Bonds and provide for such exchange, and to the extent that the Beneficial Owners are designated as the transferee by the owners, the Bonds will be delivered in appropriate form, con- tent and Authorized Denominations to the Beneficial Owners, as their interests ap- pear. (e) Any substitute depository shall be designated in writing by the Issuer to the Paying Agent. Any such substitute deposi- tory shall be a qualified and registered "clearing agency" as provided in Section 17A of the Securities Exchange Act of 1934, as amended. The substitute deposi- tory shall provide for (i) immobilization of the Depository Bonds, (ii) registration and transfer of interests in Depository Bonds by book entries made on records of the de- pository or its nominee and (iii) payment of principal of, premium, if any, and interest on the Bonds in accordance with and as such interests may appear with respect to such book entries. Section 8. Registration of Bonds; Appoint- ment of Registrar; Transfer; Ownership; Deliv- ery; and Cancellation. (a) Registration. The ownership of Bonds may be transferred only by the mak- ing of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. Wells Far- go Bank, National Association is hereby appointed as Bond Registrar under the terms of this Resolution and under the pro- visions of a separate agreement with the Issuer filed herewith which is made a part hereof by this reference. Registrar shall maintain the books of the Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as provided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registra- tion and transfer contained in the Bonds and in this Resolution. (b) Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registration 324 Regular Session, November 5, 2012 Book 142 and transfer of Bonds and only upon sur- render thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attor- ney in fact in such form as shall be satis- factory to the Registrar, along with the ad- dress and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the ad- dress of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in ques- tion) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the reg- istered owner required above. Upon the transfer of any such Bond, a new fully reg- istered Bond, of any denomination or de- nominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Bond, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. (c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolution. (d) Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Regis- tration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and pay- ment of or on account of the principal of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by the Regis- trar shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer. (f) Non - Presentment of Bonds. In the event any payment check representing payment of principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such princi- pal of or interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such in- terest or payment of such Bonds shall forthwith cease, terminate and be com- pletely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be re- stricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Bonds. The Paying Agents obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemp- tion thereof, or otherwise, at which time the Paying Agent, shall surrender any remain- ing funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of what- ever nature shall be made upon the Issuer. (g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer's expense, one bond for each annu- al maturity. The Registrar shall furnish ad- ditional bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Section 9. Reissuance of Mutilated, De- stroyed, Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and de- liver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitu- tion for the Bond destroyed, stolen or lost, up- on filing with the Registrar evidence satisfacto- ry to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemni- ty and complying with such other reasonable regulations as the Issuer or its agent may pre- scribe and paying such expenses as the Issuer may incur in connection therewith. Section 10. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their designated agent as the same ap- pear on the books of the Registrar on the 15th day of the month preceding the payment date. Book 142 Regular Session, November 5, 2012 325 All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. Payment of principal shall only be made upon surrender of the Bond to the Paying Agent. Section 11. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this Resolution, the Mayor and Clerk shall ex- ecute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly is- sued under this Resolution and that the holder thereof is entitled to the benefits of this Reso- lution. No Bonds shall be authenticated and delivered by the Registrar unless and until there shall have been provided the following: 1. A certified copy of the Resolution of Issuer authorizing the issuance of the Bonds; 2. A written order of Issuer signed by the Treasurer of the Issuer directing the authentication and delivery of the Bonds to or upon the order of the Purchaser upon payment of the pur- chase price as set forth therein; 3. The approving opinion of Ahlers & Cooney, P.C., Bond Counsel, con- cerning the validity and legality of all the Bonds proposed to be issued. Section 12. Right to Name Substitute Pay- ing Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered bondholder. Section 13. Form of Bond. Bonds shall be printed in substantial compliance with stand- ards proposed by the American Standards Institute substantially in the form as [provided]. Section 14. Contract Between Issuer and Purchaser. This Resolution constitutes a con- tract between said City and the purchaser of the Bonds. Section 15. Non - Arbitrage Covenants. The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance and sale of the Bonds issued here- under which will cause any of the Bonds to be classified as arbitrage bonds within the mean- ing of Sections 148(a) and (b) of the Internal Revenue Code of the United States, as amended, and that throughout the term of the Bonds it will comply with the requirements of statutes and regulations issued thereunder. To the best knowledge and belief of the Issuer, there are no facts or circumstances that would materially change the foregoing statements or the conclusion that it is not expected that the proceeds of the Bonds will be used in a man- ner that would cause the Bonds to be arbitrage bonds. Without limiting the generality of the foregoing, the Issuer hereby agrees to comply with the provisions of the Tax Exemption Cer- tificate and the provisions of the Tax Exemp- tion Certificate are hereby incorporated by reference as part of this Resolution. The Treasurer is hereby directed to make and in- sert all calculations and determinations neces- sary to complete the Tax Exemption Certificate in all respects and to execute and deliver the Tax Exemption Certificate at issuance of the Bonds to certify as to the reasonable expecta- tions and covenants of the Issuer at that date. Section 16. Severability Clause. If any sec- tion, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become ef- fective immediately upon its passage and ap- proval. Section 17. Continuing Disclosure. The Is- suer hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, and the provisions of the Continuing Disclosure Certificate are hereby incorporated by refer- ence as part of this Resolution and made a part hereof. Notwithstanding any other provi- sion of this Resolution, failure of the Issuer to comply with the Continuing Disclosure Certifi- cate shall not be considered an event of de- fault under this Resolution; however, any hold- er of the Bonds or Beneficial Owner may take such actions as may be necessary and appro- priate, including seeking specific performance by court order, to cause the Issuer to comply with its obligations under the Continuing Dis- closure Certificate. For purposes of this sec- tion, 'Beneficial Owner" means any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dis- pose of ownership of, any Bond (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. Section 18. Additional Covenants, Repre- sentations and Warranties of the Issuer. The Issuer certifies and covenants with the pur- chasers and holders of the Bonds from time to time outstanding that the Issuer through its officers, (a) will make such further specific covenants, representations and assurances as may be necessary or advisable; (b) comply with all representations, covenants and assur- ances contained in the Tax Exemption Certifi- cate, which Tax Exemption Certificate shall 326 Regular Session, November 5, 2012 Book 142 constitute a part of the contract between the Issuer and the owners of the Bonds;(c) consult with bond counsel (as defined in the Tax Ex- emption Certificate); (d) pay to the United States, as necessary, such sums of money representing required rebates of excess arbi- trage profits relating to the Bonds;(e) file such forms, statements and supporting documents as may be required and in a timely manner; and (f) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, fi- nancial advisors, attorneys and other persons to assist the Issuer in such compliance. Section 19. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be amended without the consent of any owner of the Bonds if, in the opinion of bond counsel, such amendment is necessary to maintain tax exemption with respect to the Bonds under applicable Federal law or regulations. Section 20. Qualified Tax - Exempt Obliga- tions. For the sole purpose of qualifying the Bonds as "Qualified Tax - Exempt Obligations" pursuant to the Internal Revenue Code of the United States, the Issuer designates the Bonds to be deemed designated as qualified tax - exempt obligations. Section 21. Repeal of Conflicting Resolu- tions or Ordinances. That all ordinances and resolutions and parts of ordinances and reso- lutions in conflict herewith are hereby re- pealed. Passed and approved this 5th day of November, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Downtown Housing and Downtown Reha- bilitation Loan / Grant Program Incentives: City Manager recommending approval of updated program guidelines for the City's downtown economic development incentive programs. Motion by Jones to receive and file the docu- ments and adopt Resolution No. 309 -12 Amending the guidelines for the Downtown Housing Incentive, Downtown Rehabilitation Loan, Planning and Design Grant, Fagade Grant and Financial Consultant Grant Program within the Greater Downtown Urban Renewal District. Seconded by Connors. Motion carried 7 -0. RESOLUTION NO. 309 -12 AMENDING THE GUIDELINES FOR THE DOWNTOWN HOUSING INCENTIVE, DOWNTOWN REHABILITATION LOAN, PLANNING AND DESIGN GRANT, FACADE GRANT AND FINACIAL CONSULTANT GRANT PROGRAM WITHIN THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT Whereas, the City of Dubuque has a long established practice of offering various pro- grams, through tax increment financing reve- nues, that increase economic development, housing and historical rehabilitation opportuni- ties in the Greater Downtown Urban Renewal District; and Whereas, since 1999, the City of Dubuque has awarded or committed 28 low- interest downtown rehabilitation loans, most at $300,000 a piece, through the Downtown Re- habilitation Loan Program; and Whereas, since 2007, the City of Dubuque has awarded or committed 12 matching grants, up to $10,000 each, to assist the hiring of engineers or architects through the Planning and Design Grant Program; and Whereas, since 2007, the City of Dubuque has awarded or committed 21 matching grants, up to $10,000 each, for historic fagade rehabilitation through the Fagade Grant Pro- gram, and Whereas, since 2007, the City of Dubuque has awarded or committed 6 matching grants, up to $15,000 each, to assist the hiring of fi- nancial consultants through the Financial Con- sultant Grant Program; and Whereas, since 2010, the City of Dubuque has utilized the $10,000 per unit Downtown Housing Incentive Program to assist private developers in the creation of 191 housing units; and Whereas, City staff, through years of ad- ministering the programs, have identified ways to improve the transparency, efficiency and overall quality of the programs for future down- town rehabilitation. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council approves the amended program guidelines for the Down- town Rehab Loan Program in the Greater Downtown Urban Renewal District. Section 2. The City Council approves the amended program guidelines for the Planning and Design Grant Program in the Greater Downtown Urban Renewal District. Section 3. The City Council approves the amended program guidelines for the Fagade Grant Program in the Greater Downtown Ur- ban Renewal District. Section 4. The City Council approves the amended program guidelines for the Financial Consultant Grant Program in the Greater Downtown Urban Renewal District. Section 5. The City Council approves the amended program guidelines for the Down- town Housing Incentive Program in the Great- er Downtown Urban Renewal District. Passed, approved and adopted this 6th day of November, 2012. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk Book 142 Regular Session, November 19, 2012 327 Sister City - Dornbirn, Austria: Mayor Buol presented the proclamation that officially des- ignates the City of Dornbirn, Austria, and the City of Dubuque, Iowa, as Sister Cities. The Mayor and City Clerk Firnstahl updated City Council on their recent delegation visit to the City of Dornbirn. A newly released video pro- vided by the City of Dorbirn describing their city was presented. PUBLIC INPUT Jacob Long, 4604 Cardinal Drive, ex- pressed his concerns about the less well -off areas of the city, the City's indebtedness, rev- enue projections and sources, long -term pub- lic- private partnerships, and utilities monopo- lies. Mr. Long added that the on -line version of the City's budget documents are difficult to understand. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 8:38 p.m. regarding pending litigation pursuant to Chapter 21.5(1)(c) Code of Iowa. Seconded by Resnick. Motion carried 7 -0. Upon motion, the City Council reconvened in open session at 8:49 p.m. stating that staff had been given proper direction. There being no further business, upon mo- tion the City Council adjourned at 8:50 p.m. /s /Kevin S. Firnstahl, CMC City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on November 19, 2012 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Lynch, Resnick, Sutton; City Manager Van Milligen, City Attorney Lindahl Absent: Council Member Jones Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE MOMENT OF SILENCE May the spirit of wisdom keep our hearts and minds open as we endeavor to serve the common good. PRESENTATION(S) City of Townsville, Queensland, Australia: Mayor Jenny Hill and Integrated Sustainability Services Executive Manager Greg Bruce pre- sented the City Council with a plaque of the Seal of Townsville, and Mayor Buol presented Ms. Hill and Mr. Bruce with a copy of Dr. Abdul Sinno's book Scenic Treasures of the Midwest. 1000 Friends of Iowa - 2012 Best Devel- opment Awards: Planning Services Laura Car- stens presented the 2012 Best Development Awards from the 1000 Friends of Iowa for the Historic Millwork District Complete Streets Project (New Civic Project) and Riverworks Development (Mixed Use Project). CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated with exception to item #7. Se- conded by Braig. Attorney Art Gilloon request- ed ( #7) Partial Release of Mortgage - Davis be removed from the agenda. Motion carried 6 -0. Minutes and Reports Submitted: City Council proceedings of 11/5, Civic Center Ad- visory Commission of 7/23, Investment Over- sight Advisory Commission of 10/24, Safe 328 Regular Session, November 19, 2012 Book 142 Community Advisory Committee of 9/12, Zon- ing Advisory Commission of 11/7, Zoning Board of Adjustment of 10/25, Proof of Publi- cation for City Council proceedings of 10/15. Upon motion the documents were received and filed. Notice of Claims and Suits: Lyle Chris- topherson for vehicle damage. Upon motion the documents were received, filed and re- ferred to the City Attorney. Preferred Health Choices - Administrative Services Amendment V: City Manager rec- ommending approval to increase the monthly administrative services fee; to approve Amendment V of the Administrative Services Agreement with Health Choices to provide COBRA administration, payment collection and distribution of the certificates of credible coverage services; and authorize the City Manager to sign the amendment. Upon motion the documents were received, filed and ap- proved. Total Administrative Services Corporation (TASC) - Approval of Renewal Rates: City Manager recommending approval of the ad- ministrative services fee of Total Administra- tive Services Corporation (TASC), the City's flexible spending plan administrator, effective January 1, 2013, through December 31, 2015. Upon motion the documents were received, filed and approved. 2012 Weed, Junk, and Garbage Assess- ments: City Manager is recommending the levy of special assessments for the Weed /Junk/Garbage Enforcement Programs for the period from March 2012 to October 30, 2012. Upon motion the documents were re- ceived and filed and Resolution No. 310 -12 Adopting the Schedule of Assessments for 2012 and directing the City Clerk to certify the Schedule of Assessments to the County Treasurer and to publish notice thereof was adopted. RESOLUTION NO. 310 -12 ADOPTING THE SCHEDULE OF ASSESS- MENTS FOR 2012 AND DIRECTING THE CITY CLERK TO CERTIFY THE SCHEDULE OF ASSESSMENTS TO THE COUNTY TREASURER AND TO PUBLISH NOTICE THEREOF NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the Sched- ule of Assessments attached hereto for weed /grass cutting and junk/garbage removal tax assessments which Schedule of Assess- ments was filed in the office of the City Clerk on the 15th of November, 2012 the said Schedule of Assessments be and the same is hereby approved and adopted. That there be, and is hereby assessed and levied as a lien upon the real property, the respective sums indicated. That the City Clerk be and is hereby di- rected to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publi- cation of which shall be not more than fifteen days from the date of filing of the final sched- ule. On or before the date of the second publi- cation of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the Utility Billing Office, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after the date of the first publication of the notice of the filing of the Schedule of Assessments with the County Treasurer. After 30 days, unpaid assessments are payable at the County Treasurer's Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and charges shall be collected in the same manner as general property taxes against the respective parcels of the property set opposite the name of the property owner. Passed, approved and adopted this 19th day of November, 2012. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk Schedule of Assessments 2012 Weed, Junk, and Garbage Assessments Property Address, Owner, Parcel #, Ex- pense, Admin. Fee, Infraction: 2721 Elm St, Travis Kaiser & Kendra Chapman, 1013182023, $130.00, $25.00, Garbage /Junk 2721 Elm St, Travis Kaiser & Kendra Chapman, 1013182023, $140.00, $25.00, Garbage /Junk 2539 Jackson, Fern Wall Trust 1304 South Sheffield Court Carol Stream IL 60188, 1 01 333401 2, $145.00, $25.00, Garbage 2040 Avalon, Robert & Mindy Swift, 1022333008, $120.00, $25.00, Garbage /Junk 1005 Victoria, Andrea Berman Admiral Blvd #221 Kansas City MO 64106 -1582, 1 0361 5701 3, $70.00, $25.00, Weeds /grass 2711 Jackson, National Advantage Mort- gage PO Box 919000 Des Moines IA 50309, 1013309009, $32.00, $25.00, Weeds /grass Book 142 Regular Session, N ovember 19, 2012 329 Vacant Lot 800 Block Air Hill, Louis George Mihalakis 1212 Miller Rd. Dubuque IA 52003, 1 0251 3001 1, $42.00, $25.00, Weeds /grass 995 Clark Dr., Gretta Wallace, 1023209016, $400.00, $25.00, Weeds /grass/brush 1335 Glen Oak, Oliver & Patricia Kringle, 1023482011, $32.00, $25.00, Weeds /grass Lost at corner of N Grandview & Kauf- mann, Steve Haggerty 250 State St Dubuque IA 52003, 1014376020 and 1014376021, $70.00, $25.00, Weeds /grass 1523 Adair, Travis Nelson & Corrine Hin- derman 1725 Delhi Dubuque IA 52001, 1023459008, $32.00, $25.00, Weeds /grass 1070 Melrose Terrace, Dena Kurt, 1025155004, $52.00, $25.00, Weeds /grass/hedge and tree trim 2984 Jackson, The Ruth F Wolfer Revoca- ble Trust 4629 Cass St Suite 72 San Diego CA 92109, 1013154002, $27.00, $25.00, Weeds /grass 24 Lindberg Terrace, Robert Curth, 1 01 342801 1, $32.00, $24.00, Weeds /grass 995 Clarke Dr, Gretta Wallace, 1023209016, $165.00, $25.00, Weeds /grass 2170 Deborah Dr, Jason & Jody McCarty, 1022182004, $47.00, $25.00, Junk/garbage /yard waste 1997 Ellen, Jere & Tammy Gardner, 1 021 331 01 6, $225.00, $25.00, Weeds /grass Lot next to 2877 N Grandview, North Grandview Estates LLC 13912 Whistaewind LN Dubuque IA 52002, 1014155035, $52.50, $25.00, Weeds N Grandview & W 32nd, North Grandview Estates LLC 13912 Whistaewind LN Dubuque IA 52002, 1014155001, $836.06, $25.00, Weeds /junk N Grandview & W 32nd, North Grandview Estates LLC 13912 Whistaewind LN Dubuque IA 52002, 1014155001, $90.00, $25.00, Weeds 1203 Rhomberg Ave, Rob Coker, 11187310023, $70.00, $25.00, Weeds /garbage /junk 995 Clarke Dr, Gretta Wallace, 1023209016, $45.00, $25.00, Weeds 2431 Jackson, James Curiel C/O Richard Curiel Jr., 1013379025, $155.00, $25.00, Weeds Fiscal Year 2012 Annual Financial Report: City Manager recommending approval of the City of Dubuque's Fiscal Year 2012 Annual Financial Report. Upon motion the documents were received, filed and approved. Partial Release of Mortgage — Davis: City Manager recommending approval of a partial release of a mortgage executed by Bryce S. Davis and Cynthia J. Davis to the City of Dubuque Housing and Community Develop- ment Department. Upon motion this item was removed from the agenda. Federal Emergency Management Agency (FEMA) - Technical Appeal: City Manager rec- ommending approval of the City of Dubuque's technical appeal of FEMA's revised floodplain maps. Upon motion the documents were re- ceived, filed and approved. Iowa Department of Transportation Grant Agreement - Mines of Spain Trail and Trail - head: City Manager recommending approval of an agreement with the Iowa Department of Transportation for a State Recreational Trails grant for development of the Mines of Spain Trail and Trailhead Project. Upon motion the documents were received and filed and Reso- lution No. 311 -12 Authorizing State Recrea- tional Trails Grant Agreement with Iowa De- partment of Transportation for development of the Mines of Spain Trail and Trailhead was adopted. RESOLUTION NO. 311 -12 AUTHORIZING STATE RECREATIONAL TRAILS GRANT AGREEMENT WITH IOWA DEPARTMENT OF TRANSPORTATION FOR DEVELOPMENT OF THE MINES OF SPAIN TRAIL AND TRAILHEAD Whereas, the Iowa Department of Trans- portation has awarded grant funds from the State Recreational Trails Program for the de- velopment of the Mines of Spain Trail and Trailhead; and Whereas, the City of Dubuque has adopted the 2008 Comprehensive Plan which includes objectives for enhanced accessibility for parks, trails, and open space, protection of scenic and cultural resources, and development of additional recreational trails. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor hereby is authorized to sign the grant agreement with the Iowa De- partment of Transportation for a State Recrea- tional Trails grant for the Mines of Spain Trail and Trailhead project. Section 2. That the City Council hereby provides its written assurance that the com- pleted project will be adequately maintained for its intended use in accordance with state requirements. Passed, approved and adopted this 19th day of November 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Plat of Survey - McNamer Acres #4: Zon- ing Advisory Commission recommending ap- proval of the Plat of Survey for McNamer Acres #4 (1600 Block of Old Mill Road) subject 330 Regular Session, November 19, 2012 Book 142 to waiving the lot frontage requirement for Lot 1. Upon motion the documents were received and filed and Resolution No. 312 -12 Approving the Plat of Survey of McNamer Acres #4 in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 312 -12 APPROVING THE PLAT OF SURVEY OF MCNAMER ACRES #4 IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Plat of Survey of McNamer Acres #4 in the City of Dubuque, Iowa; and Whereas, said Plat of Survey provides 0 feet of frontage for Lot 1 on a public or ap- proved private street, where street frontage is required by Section 11 -14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code; and Whereas, said Plat of Survey has been ex- amined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Plat of Survey has been ex- amined by the City Council and they find that it conforms to the statues and ordinances relat- ing thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 11 -14 of Title 16 of the City of Dubuque Code of Ordinances, Uni- fied Development Code, is waived to allow 0 feet of frontage on a public street or an ap- proved private street for Lot 1. Section 2. That the Plat of Survey of NcNamer Acres #4 is hereby approved and the Mayor and City Clerk are hereby author- ized and directed to endorse the approval of the City of Dubuque, Iowa upon said Plat of Survey. Passed, approved and adopted this 19th day of November 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Port of Dubuque Watermain Extension Project - Canadian Pacific Railroad Agree- ment: City Manager recommending approval of a Utility Crossing Permit with the Canadian Pacific Railroad to allow for the construction of the Port of Dubuque Watermain Extension Project. Upon motion the documents were received, filed and approved. PEG Capital Expenditure Request: City Manager recommending approval of the Cable TV Commission's request for up to $15,000 from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities to purchase production equip- ment, including a camera, tripod, lights, acces- sories, editing computer, and software for Sageville School. Upon motion the documents were received, filed and approved. Workers' Compensation Compromise Set- tlement Agreements: City Attorney recom- mending approval of three Compromise Set- tlement Agreements regarding the Randall Koster Workers' Compensation claims that were filed against the City of Dubuque. Upon motion the documents were received, filed and approved. Multi - Family Rental Unit New Production - Round 5: City Manager recommending ap- proval for City Staff, along with ECIA, to work with area developers for submittal of CDBG Multi - Family Rental Unit Production - Round 5 applications, and to narrow the field to the most competitive applications. Upon motion the documents were received, filed and ap- proved. Improvement Contracts / Performance, Payment and Maintenance Bonds: Giese Manufacturing for the Historic White Water Creek Bridge Restoration Project Phase 5 - Fencing; Tschiggfrie Excavating, Inc. for the Port of Dubuque Watermain Extension Project. Upon motion the documents were received, filed and approved. Alcohol and Tobacco License Applications: City Manager recommending approval of an- nual liquor, beer, wine and tobacco licenses applications as submitted. Upon motion the documents were received and filed and Reso- lution No.313 -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. 314 -12 Approving applications for retail ciga- rette /tobacco sales permits, as required by Iowa Code 453A.47A were adopted. RESOLUTION NO. 313 -12 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND /OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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 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 Book 142 Regular Session, November 19, 2012 331 bonds and otherwise complied with the re- quirements 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 author- ized and directed to cause to be issued the following named applicants and permit types. RENEWALS The Bridge Restaurant, 31 Locust St, Class C Liquor (Sunday) Hotel Julien Dubuque, 200 Main St., Class B Liquor (Hotel /Motel) (Sunday) (Outdoor) Iowa Street Market Inc., 1256 Iowa St., Class E Liquor, Class C Beer, Class B Wine (Carryout Wine and Beer) (Sunday) Kwik Stop Food Mart, 2320 Hwy 61, Class C Beer, Class B Native Wine (Sunday) Aragon Tap Inc., 1103 Iowa St., Class C Liquor (Sunday) Grand Harbor Resort & Water Park, 350 Bell St, Class B Liquor (Hotel /Motel) (Cater- ing) (Outdoor) (Sunday) NEW Ichiban Hibachi Steakhouse & Sushi Bar, 3187 University Ave., Special Class C Liquor, Class B Native Wine (BeerNVine) (Sunday) Passed, approved and adopted this 19th day of November, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 314 -12 APPROVING APPLICATIONS FOR RETAIL CIGARETTE/TOBACCO SALES PERMITS, AS REQUIRED BY IOWA CODE 453A.47A. Whereas, applications for Ciga- rette/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 oth- erwise 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 author- ized and directed to cause to be issued the following named applicants and locations for cigarette /tobacco sales permit: Party Time Gift Creations, LLC, 1101 Main St., Dubuque, IA. 52001 Passed, approved and adopted this 19th day of November, 2012. Roy Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ITEMS TO BE SET FOR PUBLIC HEARING Motion by Connors to receive and file the documents, adopt the resolutions, set the pub- lic hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Resnick. Motion carried 6 -0. Code of Ordinances - Residential Parking Permit District Amendment: City Manager rec- ommending that a public hearing be set for December 3, 2012 to consider a Residential Parking Permit District Amendment on Marjo- rie Circle from Pennsylvania Avenue to Amy Court , Amy Court from Marjorie Circle to northern terminus, and Lucy Drive from Penn- sylvania Avenue to Welu Drive. Upon motion the documents were received, filed and a pub- lic hearing was set for a meeting to commence at 6:30 p.m. on December 3, 2012 in the His- toric Federal Building. BOARDS /COMMISSIONS Appointments were made to the following Boards and Commissions: Civic Center Advisory Commission: One 3- year term through June 29, 2013 (Vacant term of Fields). Applicants: McKenzie R. Hill, 394'/ Bluff St. #2; and Jeff Lenhart, 1711 Clarke Dr. Upon roll call vote of 6 -0, McKenzie Hill was appointed to the Civic Center Advisory Com- mission for a 3 -year term through June 29, 2013. Environmental Stewardship Advisory Commission: One 3 -year term through Octo- ber 1, 2015 (Expired term of Walter). Appli- cants. David Koch, 1950 Admiral St.; and Gina Makris, 166 Bluff St. Upon roll call vote of 5 -1 (Sutton voting for Makris), David Koch was appointed to the Environmental Stewardship Advisory Commission for a 3 -year term through October 1, 2015. Human Rights Commission: One 3 -year term through January 1, 2015 (Vacant term of Krey). Applicant: Jeff Lenhart, 1711 Clarke Dr. Motion by Braig to appoint Jeff Lenhart to the Human Rights Commission for a 3 -year term through January 1, 2015. Seconded by Lynch. Motion carried 6 -0. Investment Oversight Advisory Commis- sion: One 3 -year term through July 1, 2015 (Vacant term of King). Applicant: Rick Runde, 1034 Barbaralee Dr. Motion by Lynch to ap- point Rick Runde to the Investment Oversight Advisory Commission for a 3 -year term through July 1, 2015. Seconded by Connors. Motion carried 6 -0. Mediacom Charitable Foundation: One 1- year term through December 31, 2013 (Ex- pired terms of Chavenelle). Applicant: Gail 332 Regular Session, November 19, 2012 Book 142 Chavenelle, 1155 Kelly Ln. Motion by Braig to appoint Gail Chavenelle to the Mediacom Charitable Foundation for a 1 -year term through December 31, 2013. Seconded by Lynch. Motion carried 6 -0. Mississippi River Partnership Council: One 3 -year term through December 31, 2015. Ap- plicant: Edward Cawley, 598 Needham St. Motion by Lynch to appoint Edward Cawley to the Mississippi River Partnership Council for a 3 -year term through December 31, 2015. Se- conded by Resnick. Motion carried 6 -0. PUBLIC HEARINGS Upon motion the rules were suspended al- lowing anyone present to address the City Council. Brunskill Road Bridge Reconstruction Pro- ject: Proof of publication on notice of public hearing to consider the plans, specifications, estimated cost, and form of contract for the Brunskill Road Bridge Reconstruction Project and the City Manager recommending approv- al. Motion by Lynch to receive and file the documents and adopt Resolution No. 315 -12 Approval of plans, specifications, form of con- tract, and estimated cost for the Brunskill Road ridge Reconstruction Project, Iowa DOT NO. BROS -2100 (659)-- 8J -31. Seconded by Braig. Motion carried 6 -0. RESOLUTION NO. 315 -12 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE BRUNSKILL ROAD BRIDGE RECONSTRUCTION PROJECT, IOWA DOT PROJECT NO. BROS -2100 (659) -8J -31 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Brunskill Road Bridge Reconstruction Project, Iowa DOT Project No. BROS -2100 (659) - -8J- 3, in the estimated amount $1,173,309.52, are hereby approved. Passed, adopted and approved this 19th day of November, 2012. Roy D. Buol, Mayor Attest: Kevin Firnstahl, CMC City Clerk Hillcrest Family Services - Request to Va- cate Storm Sewer Easement: Proof of publica- tion on notice of public hearing to consider a request by Hillcrest Family Services to vacate a storm sewer easement on Lot 1 of Peterson Subdivision No. 2 and the City Manager rec- ommending approval. Motion by Lynch to re- ceive and file the documents and adopt Reso- lution No. 316 -12 Release of storm sewer easements over and across a portion of Lot 1 Peterson Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa; and Resolu- tion No. 317 -12 Disposing of City interest in storm sewer easements on Lot 1 of Peterson Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa. Seconded by Braig. Motion carried 6 -0. RESOLUTION NO. 316 -12 RELEASE OF STORM SEWER EASEMENTS OVER AND ACROSS A PORTION OF LOT 1 PETERSON SUBDIVISION NO. 2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, storm sewer easements were established over and across Lot 2 -1 Peterson Subdivision and Lot 1- 1- 1- 1- 1 -2 -1 -1 of Link's Subdivision in the City of Dubuque, Iowa, were filed in the office of the Recorder of Dubuque County, Iowa, as File Nos. 12708 -92 and 16703 -92; and Whereas, the Developer of Lot 1 of Peter- son Subdivision No. 2 Hillcrest Family Ser- vices, has relocated the storm sewer and pro- vided an easement thereto over across said Lot 1; and Whereas, the storm sewer easement des- ignated on the Exhibit attached hereto will no longer be required after development of the site. NOW, THEREFORE, for valuable consid- eration, the undersigned, City of Dubuque, Iowa, does hereby forever release, vacate, abandon, and discharge storm sewer ease- ments over a portion of Lot 1 Peterson Subdi- vision No. 2 in the City of Dubuque, Iowa, shown the attached Exhibit to Hillcrest Family Services; however, this Release in no way releases, vacates, abandons, or discharges any other easement shown on the Lot 2 -1 Pe- terson Subdivision and Lot 1- 1- 1- 1- 1 -2 -1 -1 of Link's Subdivision all in the City of Dubuque Iowa, filed in the office of the Recorder of Dubuque County, Iowa, as File Num- bers12708-92 and16703 -92. Passed, approved and adopted this 19th day of November, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 317 -12 DISPOSING OF CITY INTEREST IN STORM SEWER EASEMENTS ON LOT 1 OF PE- TERSON SUBDIVISION NO. 2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and pub- lished notice of time and place of hearing, pub- lished in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 9th day of November, Book 142 Regular Session, November 19, 2012 333 2012, the City Council of the City of Dubuque, Iowa met on the 19TH day of November, 2012, at 6:30 p.m. in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, to con- sider the disposal of City interest in storm sewer easements over and across a portion of real estate described as: Lot 1 of Peterson Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the proposal to dispose of City interest in said easements. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the release of City of Dubuque interest in storm sewer easements over and across a portion of real property de- scribed as Lot 1 of Peterson Subdivision No. 2 in the City of Dubuque, Dubuque County, Io- wa, as shown on the attached Exhibit to Hill - crest Family Services, be and the same is hereby approved. Section 2. That the Mayor be authorized and directed to execute a Release of Storm Sewer Easements, and the City Clerk be and is hereby authorized and directed to deliver said Release to Hillcrest Family Services. Section 3. 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 Recorder and Dubuque County Auditor. Passed, approved and adopted this 19th day of November, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Request to Rezone - 2995 Asbury Road: Proof of publication on notice of public hearing to consider a request from Louis and Irene Bassler to rezone property located at 2995 Asbury Road from R -1 Single - Family Residen- tial to OR Office Residential and the Zoning Advisory Commission recommending approv- al. Motion by Lynch to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Resnick. Louis Bassler, 13774 Surrey Lane spoke in support of the request. Planning Services Laura Car- stens provided a staff report. Pete Gieschen, 150 Devon Drive, was informed that the re- quest applies to only that parcel. Motion car- ried 6 -0. Motion by Lynch for final consideration and passage of Ordinance No. 57 -12 Amending Title 16 of the City of Dubuque Code of Ordi- nances, Unified Development Code, by reclas- sifying hereinafter described property located at 2995 Asbury from R -1 Single Family Resi- dential District to OR Office Residential Dis- trict. Seconded by Braig. Motion carried 6 -0. OFFICIAL PUBLICATION ORDINANCE NO. 57 -12 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLAS- SIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2995 ASBURY FROM R -1 SINGLE FAMILY RESIDENTIAL DISTRICT TO OR OFFICE RESIDENTIAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, is hereby amended by reclassi- fying the hereinafter described property from R -1 Single Family Residential District, to OR Office Residential District, to wit: Lot 1 Siegert Avalon Place, and to the centerline of the adjoining public right -of -way, all in the City of Dubu- que, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Io- wa. Section 3. The foregoing amendment shall take effect upon publications, as provided by law. Passed, approved and adopted this 19th day of November, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 23rd day of November, 2012. /s /Kevin S. Firnstahl, City Clerk University of Dubuque - Amend ID District: Proof of publication on notice of public hearing to consider a request from the University of Dubuque, 2000 University Avenue, to amend the ID Institutional District Campus Plan to change an outdoor practice field into an indoor practice facility and the Zoning Advisory Commission recommending approval. Motion by Connors to receive and file the documents and that the requirement that a proposed ordi- nance be considered and voted on for pas- sage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Braig. Jim Steiner, Vice President of Finance for the University of Dubuque addressed questions from the City Council about concerns from the surrounding neighbors including additional noise and light pollution, vehicular and pedestrian traffic, litter, security and landscape screening. Planning 334 Regular Session, November 19, 2012 Book 142 Services Manager Laura Carstens provided a staff report. Amy Kane, 168 Princeton Place, expressed her concerns for changes taking place at the University of Dubuque regarding snow and rain runoff, light pollution, fenc- ing /retaining walls, limited green space, and declining property values. Dan McDonald, 300 Main Street, spoke in favor of the request on behalf of Greater Dubuque Development Cor- poration. Pete Gieschen, 150 Devon Drive, inquired about the expanding footprint of the University's campus. Mr. Steiner provided a rebuttal to the concerns expressed and stated that the University does not solicit purchases of property. Mayor Buol stated that although he is an employee of the University of Dubu- que, the City Attorney advises that there is no conflict of interest. Motion carried 6 -0. Motion by Connors for final consideration and passage of Ordinance No. 58 -12 Amend- ing Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by providing for the amendment of Ordinance No. 2 -11 and approval of an Amended Campus Development Plan for the University Of Dubu- que to allow construction of an indoor practice facility on the South Campus west of Universi- ty Park Drive. Seconded by Resnick. Motion carried 6 -0. OFFICIAL PUBLICATION ORDINANCE NO. 58 -12 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY PROVID- ING FOR THE AMENDMENT OF ORDI- NANCE 2 -11 AND APPROVAL OF AN AMENDED CAMPUS DEVELOPMENT PLAN FOR THE UNIVERSITY OF DUBUQUE TO ALLOW CONSTRUCTION OF AN INDOOR PRACTICE FACILITY ON THE SOUTH CAMPUS WEST OF UNIVERSITY PARK DRIVE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, be amended by providing for the approval of an amended campus devel- opment plan for the University of Dubuque ID Institutional District, a copy of which is on file with the City of Dubuque Planning Services Department. Section 2. Institutional District Regulations. A. Use Regulations The following regulations shall apply to all uses made of land in the above - described ID Institutional District: 1. Principal permitted uses shall be limited to: a. Offices for adminis- trative personnel or oth- er institutional employ- ees and affiliates. b. Churches, libraries, and museums. c. Classrooms, labora- tories, lecture halls, and similar places of institu- tional assembly. d. Off - street parking and loading. e. Recreational or ath- letic facilities for the primary use and benefit of institutional residents or affiliates. f. Single- family, two - family or multi - family dwellings for the hous- ing of institutional resi- dents or affiliates. 2. Accessory Uses. The fol- lowing uses shall be permit- ted as accessory uses in the above - described ID Institu- tional District. a. Located entirely with- in a principal building, bookstores, or bars seating not more than seventy -five (75) per- sons at one time and located not closer than two hundred feet (200') from the nearest Resi- dential or Office Resi- dential District. b. All uses customarily incidental to the princi- pal permitted uses in conjunction with which such accessory uses operated or maintained, but not to include com- mercial use outside the principal building. 3. No conditional uses shall be allowed. B. Lot and Bulk Regulations Development of land in the ID Institutional Dis- trict shall be regulated as follows: The proposed residence halls and associated parking lot shall be constructed in substantial conformance with the attached amended cam- pus development plan. C. Performance Standards The development and maintenance of uses in this ID Institutional District shall be established in conformance with Section 5 -22 of the Uni- fied Development Code and the following standards: Book 142 Regular Session, November 19, 2012 335 1. The storm water control shall be designed and built in accordance with City Regulations subject to re- view and approval by the City of Dubuque Engineering Department. 2. That appropriate erosion and sediment control will be installed prior to com- mencement of any land dis- turbing activity related to the subject project, including all required state and city per- mits related to erosion con- trol. 3. That a six -foot high chain link fence shall be installed beginning at the south end of the retaining wall near the tennis courts and ending at the south end of the compe- tition soccer field. 4. New outdoor lighting shall utilize 72- degree cut -off lu- minaries. 5. Landscaping shall be pro- vided in compliance with Ar- ticle 13 of the Unified Devel- opment Code. 6. All utilities, including tele- phone and cable television, shall be installed under- ground. 7. Final site plans shall be submitted in accordance with Articles 12 and 13 of the Unified Development Code. D. Parking Requirements The off - street parking requirements for the principal permitted uses for the herein described ID Institutional Dis- trict shall be regulated as follows. The number, size and layout of off - street parking shall be in substantial compliance with the amended cam- pus plan. The design of the parking lot shall comply with Article 13 of the Unified Development Code. Any significant expansion or reduction in the number of off - street parking spaces must be reviewed by Planning Services staff for compliance with the adopted Insti- tutional District regulations. E. Sign Regulations The sign regulations shall be the same as that which are allowed in the ID Institutional District as established in Article 15 of the Unified Develop- ment Code. F. Additional Standards That all previously approved campus development plans are hereby amended to allow for the attached campus development plan. G. Transfer of Ownership Transfer of ownership of property in this ID Institutional District requires rezoning of the property to an appro- priate zoning district. H. Modifications Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassifi- cation proceedings of Article 9 of the Unified Development Code. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4. The foregoing amendment shall take effect upon publications, as provided by law. Passed, approved and adopted this 19th day of November, 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 23rd day of November, 2012. /s /Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated lim- iting discussion to the City Council. ACTION ITEMS Dubuque Main Street - NEA "Our Town" Grant / ArtSpace Feasibility Study Update: Dubuque Main Street Executive Director Dan LoBianco provided a report on the Nation En- dowment for the Arts (NEA) Our Town Grant and ArtSpace Feasibility Study. Motion by Lynch to receive and file the information. Se- conded by Resnick. Mr. LoBianco stated that the next steps include identifying the arts groups mostly likely to be stakeholders and finding funding for a feasibility study. Motion carried 6 -0. Code of Ordinances - ADA Readily Achievable Determinations (Second Reading): City Manager recommending approval of an update to the City's Accessibility Code to clari- fy how the readily achievable standards is de- termined and provide for the use of alternative methods of reasonable accommodations in the event that the barrier removal is not readily achievable. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Motion 336 Regular Session, November 19, 2012 Book 142 carried 6 -0. Motion by Connors for final consideration and passage of Ordinance No. 59 -12 Amend- ing City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article 1 Accessibility Code for Readily Achievable Changes, Section 14 -11 -3 Removal of Architectural Barriers if Readily Achievable by adding language to clarify that the determination of Readily Achievable within the City of Dubuque will be made by the City Manager. Seconded by Braig. Motion carried 6 -0. OFFICIAL PUBLICATION ORDINANCE NO. 59 12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE 1 ACCESSIBILITY CODE FOR READILY ACHIEVABLE CHANGES, SECTION 14 -11 -3 REMOVAL OF ARCHI- TECTURAL BARRIERS IF READILY ACHIEVABLE BY ADDING LANGUAGE TO CLARIFY THAT THE DETERMINATION OF READILY ACHIEVABLE WITHIN THE CITY OF DUBUQUE WILL BE MADE BY THE CITY MANAGER NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14 -11 -3 of the City of Dubuque Code of Ordinances is amended to read as follows: 14 -11 -3: REMOVAL OF ARCHITECTURAL BARRIERS IF READILY ACHIEVABLE: A. Removal Required: It shall be a violation of this article for an owner of a public ac- commodation to fail to remove architectural barriers, and communication barriers that are structural in nature, in any public ac- commodation, where such removal is read- ily achievable, as determined by the city manager. The phrase "readily achievable" shall have the meaning set forth under the Americans with Disabilities Act of 1990 (42 USC 12182), as amended, and any imple- menting regulations. B. Availability Through Alternative Meth- ods: Where an owner can demonstrate that the removal of a barrier under subsection A of this section is not readily achievable, an owner shall nonetheless be required to make existing facilities available through alternative methods if such methods are readily achievable, as determined by the city manager. Section 2. This Ordinance takes effect up- on publication. Passed, approved and adopted the 19th day of November, 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 23rd day of November, 2012. /s /Kevin S Firnstahl, City Clerk General Obligation Bonds, Series 2012E - Complete Issuance: City Manager recom- mending approval of the suggested proceed- ings to complete the action required on the recent Series 2012E bond issuance. Motion by Connors to receive and file the documents and adopt Resolution No. 318 -12 Appointing Wells Fargo Bank, National Association of Minneap- olis, Minnesota, to serve as paying agent, bond registrar, and transfer agent, approving the paying agent and bond registrar and trans- fer agent agreement and authorizing the exe- cution of the agreement; and Resolution No. 319 -12 Authorizing and providing for the issu- ance of $3,640,000 General Obligation Bonds, Series 2012E, and levying a tax to pay said bonds. Seconded by Braig. Motion carried 6 -0. RESOLUTION NO. 318 -12 APPOINTING WELLS FARGO BANK, NA- TIONAL ASSOCIATION OF MINNEAPOLIS, MINNESOTA, TO SERVE AS PAYING AGENT, BOND REGISTRAR, AND TRANS- FER AGENT, APPROVING THE PAYING AGENT AND BOND REGISTRAR AND TRANSFER AGENT AGREEMENT AND AU- THORIZING THE EXECUTION OF THE AGREEMENT Whereas, pursuant to the provisions of Chapter 75 of the Code of Iowa, $3,640,000 General Obligation Bonds, Series 2012E, dat- ed the date of delivery, have been sold at pub- lic sale and action should now be taken to pro- vide for the maintenance of records, registra- tion of certificates and payment of principal and interest in connection with the issuance of the bonds; and Whereas, this Council has deemed that the services offered by Wells Fargo Bank, National Association of Minneapolis, Minnesota, are necessary for compliance with rules, regula- tions, and requirements governing the registra- tion, transfer and payment of registered bonds; and Whereas, a Paying Agent, Bond Registrar and Transfer Agent Agreement (hereafter "Agreement') has been prepared to be entered into between the City and Wells Fargo Bank, National Association. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF DUBUQUE, STATE OF IOWA: Section 1. That Wells Fargo Bank, National Association of Minneapolis, Minnesota, is hereby appointed to serve as Paying Agent, Bond Registrar and Transfer Agent in connec- Book 142 Regular Session, November 19, 2012 337 tion with the issuance of $3,640,000 General Obligation Bonds, Series 2012E, dated the date of delivery. Section 2. That the Agreement with Wells Fargo Bank, National Association of Minneap- olis, Minnesota, is hereby approved and that the Mayor and Clerk are authorized to sign the Agreement on behalf of the City. Passed and approved this 19th day of November, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 319 -12 RESOLUTION AUTHORIZING AND PROVID- ING FOR THE ISSUANCE OF $3,640,000 GENERAL OBLIGATION BONDS, SERIES 2012E, AND LEVYING A TAX TO PAY SAID BONDS Whereas, the Issuer is duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and Whereas, the Issuer is in need of funds to pay costs of the opening, widening, extending, grading, and draining of the right -of -way of streets, highways and avenues, the construc- tion, reconstruction, and repairing of any street improvements, the acquisition, installation, and repair of traffic control devices and the acquisi- tion of real estate needed for any of the fore- going purposes; the acquisition, construction, reconstruction, 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 surface wa- ters and streams, including the 7th Street Storm Sewer, and sanitary forcemain repairs; the rehabilitation and improvement of parks already owned, including the removal, re- placement and planting of trees in the parks, and facilities, equipment, and improvements commonly found in City parks, including im- provements for Comiskey Park and Flora Park; the acquisition, construction, reconstruction, improvement, repair, and equipping of water- works, water mains, and extensions, and real and personal property, useful for providing potable water to residents of a City, including annual water main replacement, water main extensions, Green Alley water mains and fit- tings and Airport water main; and the acquisi- tion of peace officer communication equipment and other emergency services communication equipment and systems, including po- lice /emergency /public safety communication software, essential corporate purposes, and it is deemed necessary and advisable that Gen- eral Obligation Bonds to the amount of not to exceed $4,000,000 be issued for said purpose; and Whereas, pursuant to notice published as required by Section 384.25 this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issu- ance of the above described Bonds, and all objections, if any, to such Council action made by any resident or property owner of said City were received and considered by the Council; and it is the decision of the Council that addi- tional action be taken for the issuance of said Bonds, and that such action is considered to be in the best interests of said City and the residents thereof; and Whereas, the City also is in need of funds to pay costs of the acquisition, construction, reconstruction, enlargement, improvement, and equipping of community center houses, recreation grounds, recreation buildings, juve- nile playgrounds, swimming pools, recreation centers, parks, and golf courses, and the ac- quisition of real estate therefor, including the Granger Creek Trail, Creek Wood Park, West- brook Park Phase II, roof replacement at McAleece Park, Park Maintenance Headquar- ters improvements and, Veteran's Memorial 32od storage; and the construction, reconstruc- tion, enlargement, improvement, and equip- ping of libraries, including Library exterior re- pairs, 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 playground equipment, general corporate pur- poses, and it is deemed necessary and advis- able that General Obligation Bonds to the amount of not to exceed $700,000 be author- ized for said purpose; and Whereas, pursuant to notice published as required by Section 384.26 this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issu- ance of the above described Bonds, and no petitions were filed calling for an election thereon and all objections, if any, to such Council action made by any resident or proper- ty owner of said City were received and con- sidered by the Council; and it is the decision of the Council that additional action be taken for the issuance of said Bonds, and that such ac- tion is considered to be in the best interests of said City and the residents thereof; and Whereas, pursuant to Section 384.28 of the City Code of Iowa, it has previously been determined that the various general obligation bonds authorized as hereinabove described shall be combined for the purpose of issuance in a single issue of General Obligation Bonds, Series 2012E, in the principal amount of $3,640,000 as hereinafter set forth; and Whereas, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above mentioned Bonds were heretofore sold at pub- 338 Regular Session, November 19, 2012 Book 142 lic sale and action should now be taken to is- sue said Bonds conforming to the terms and conditions of the best bid received at the ad- vertised public sale. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Reso- lution unless the text expressly or by neces- sary implication requires otherwise: ❑ "Authorized Denominations" shall mean $5,000 or any integral multiple thereof. ❑ "Beneficial Owner" shall mean the person in whose name such Bond is recorded as the beneficial owner of a Bond by a Partici- pant on the records of such Participant or such person's subrogee. ❑ "Bond Fund" shall mean the fund created in Section 3 of this Resolution. ❑ "Bonds" shall mean $3,640,000 Gen- eral Obligation Bonds, Series 2012E, author- ized to be issued by this Resolution. ❑ "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nom- inee of DTC with respect to the Bonds. ❑ "Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure Certificate executed by the Issuer and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. ❑ "Depository Bonds" shall mean the Bonds as issued in the form of one global cer- tificate for each maturity, registered in the Reg- istration Books maintained by the Registrar in the name of DTC or its nominee. ❑ "DTC" shall mean The Depository Trust Company, New York, New York, a lim- ited purpose trust company, or any successor book -entry securities depository appointed for the Bonds. ❑ "Issuer" and "City" shall mean the City of Dubuque, Iowa. ❑ "Participants" shall mean those bro- ker- dealers, banks and other financial institu- tions for which DTC holds Bonds as securities depository. ❑ "Paying Agent' shall mean Wells Fargo Bank, National Association, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuer's agent to provide for the payment of principal of and interest on the Bonds as the same shall be- come due. ❑ "Project Fund" shall mean the fund required to be established by this Resolution for the deposit of the proceeds of the Bonds. ❑ "Rebate Fund" shall mean the fund so defined in and established pursuant to the Tax Exemption Certificate. ❑ "Registrar" shall mean Wells Fargo Bank, National Association of Minneapolis, Minnesota, or such successor as may be ap- proved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the Bonds. Unless otherwise speci- fied, the Registrar shall also act as Transfer Agent for the Bonds. ❑ "Representation Letter" shall mean the Blanket Issuer Letter of Representations executed and delivered by the Issuer to DTC on file with DTC. ❑ "Resolution" shall mean this resolu- tion authorizing the Bonds. ❑ "Tax Exemption Certificate" shall mean the Tax Exemption Certificate executed by the Treasurer and delivered at the time of issuance and delivery of the Bonds. ❑ "Treasurer" shall mean the Finance Director or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Bonds issued hereunder. Section 2. Levy and Certification of Annual Tax; Other Funds to be Used. (a) Levy of Annual Tax. That for the pur- pose of providing funds to pay the principal and interest of the Bonds hereinafter author- ized to be issued, there is hereby levied for each future year the following direct annual tax on all of the taxable property in Dubuque, Io- wa, to -wit: AMOUNT 1.- FISCAL YEAR (JULY 1 TO JUNE 30) YEAR OF COLLECTION $319,343_2013 /2014* _ $280,40x2014 /2015___ $276,400! 2015/2016 $282,4001 +- - - - - -- 2016/2017 -- - - - - -j $278,200E - - - - - -- 2017/2018 -- - - - - -1 $279,0001 - - -- 2018/2019 - - - -1 $279,7001---- 2019/2020 - - -- $280,3001 _ _ _ _2020/2021 $280,800 1 _ 2021/2022 $276,2001 2022/2023 $196,313 1 2023/2024 $197,825 ±- - - - - -- 2024/2025 $199,025 -_ - - - 2025/2026 L $199,900 i 2026/2027____ i $200,6501_ _2027/2028 I $185,400 1 _ 2028/2029 I $180,450 ' 2029/2030 P$180,500 1 2030/2031 $185,400 I _______2031/2032________ Book 142 Regular Session, November 19, 2012 339 * Includes $40,043 paid for interest in FY 12/13. (NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 2012 will be collected during the fiscal year commencing July 1, 2013.) (b) Resolution to be Filed With County Auditor. A certified copy of this Resolution should be filed with the County Auditor of Dubuque County, State of Iowa, and said Au- ditor is hereby instructed in and for each of the years as provided, to levy and assess the tax hereby authorized in Section 2 of this Resolu- tion, in like manner as other taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the City are col- lected, and when collected be used for the purpose of paying principal and interest on said Bonds issued in anticipation of said tax, and for no other purpose whatsoever. (c) Additional City Funds Available. Prin- cipal and interest coming due at any time when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of the City available for that purpose and reim- bursement shall be made from such special fund in the amounts thus advanced. Section 3. Bond Fund. Said tax shall be collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the City, and when col- lected they shall be converted into a special fund within the Debt Service Fund to be known as the "GENERAL OBLIGATION BOND FUND 2012E" (the "Bond Fund "), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Bonds hereinafter authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes received by the City from property that is centrally assessed by the State of Iowa. Section 4. Application of Bond Proceeds. Proceeds of the Bonds other than accrued interest except as may be provided below shall be credited to the Project Fund and expended therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Bonds at any time that other funds shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with limitations pro- vided by law or this Resolution. Accrued inter- est, if any, shall be deposited in the Bond Fund. Section 5. Investments of Bond Fund Pro- ceeds. All moneys held in the Bond Fund, pro- vided for by Section 3 of this Resolution shall be invested in investments permitted by Chap- ter 12B, Code of Iowa, 2011, as amended, or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation and the deposits in which are in- sured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be continu- ously secured in compliance with Chapter 12C of the Code of Iowa, 2011, as amended, or otherwise by a valid pledge of direct obliga- tions of the United States Government having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for payment of principal of or interest on the Bonds as herein provided. Section 6. Bond Details, Execution and Redemption. (a) Bond Details. General Obligation Bonds of the City in the amount of $3,640,000, shall be issued pursuant to the provisions of Sec- tions 384.25, 384.26, and 384.28 of the City Code of Iowa for the aforesaid purpose. The Bonds shall be designated "GENERAL OBLI- GATION BOND, SERIES 2012E', be dated the date of delivery, and bear interest from the date thereof, until payment thereof, at the of- fice of the Paying Agent, said interest payable on June 1, 2013, and semiannually thereafter on the 1st day of June and December in each year until maturity at the rates hereinafter pro- vided. The Bonds shall be executed by the man- ual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the Clerk, and impressed or printed with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premi- um, if any, shall be payable at the office of the Paying Agent by mailing of a check to the reg- istered owner of the Bond. The Bonds shall be in the denomination of $5,000 or multiples thereof. The Bonds shall mature and bear in- terest as follows: Principal Interest 1 Maturity Amount Rate I June 1st L $195,000 1.2.000% i 2014 $200,000 1 2.000% I 2015 $200,000 1 2.0.00 % i 2016 $210,000 [ 2.000°/O1 2017 1 I $210,000 i 2.000% t 2018 I I $215,000 1 2.000% 1 2019 l $220,000 i 2.000% ; 2020 l $225,000 1 2.000% 1 2021 $230,000 2.000% I 2022 I $230,000 2 .1125 %._i 2023 _ j $155,000 j 2.250% _ 2024 I 340 Regular Session, November 19, 2012 Book 142 $160,0004 2.375% ' 2025 ' I $165,000 1 2.500% ; 2026 1 IF $170,000 Ir 2.500% I 2027 L $175, 000 L 3.000% i 2028 3 ' $165,000 ' 3.000% ' 2029 r$165, 000 3.000% ! 2030 $170,000 3.000% I 2031 $180,000t3000% t 2032 J (b) Redemption. Bonds maturing after June 1, 2018 may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of re- demption shall be par, plus accrued interest to date of call. Thirty days' written notice of redemption shall be given to the registered owner of the Bond. Failure to give such notice by mail to any registered owner of the Bonds or any de- fect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All bonds or portions thereof called for re- demption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. If selection by lot within a maturity is re- quired, the Registrar shall designate the bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of bonds to be called has been reached. Section 7. Issuance of Bonds in Book - Entry Form; Replacement Bonds. (a) Notwithstanding the other provisions of this Resolution regarding registration, own- ership, transfer, payment and exchange of the Bonds, unless the Issuer determines to permit the exchange of Depository Bonds for Bonds in the Authorized Denominations, the Bonds shall be issued as Depository Bonds in de- nominations of the entire principal amount of each maturity of Bonds (or, if a portion of said principal amount is prepaid, said principal amount less the prepaid amount); and such Depository Bonds shall be registered in the name of Cede & Co., as nominee of DTC. Payment of semi - annual interest for any De- pository Bond shall be made by wire transfer or New York Clearing House or equivalent next day funds to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated in or pursuant to the Representation Letter. (b) With respect to Depository Bonds, neither the Issuer nor the Paying Agent shall have any responsibility or obligation to any Participant or to any Beneficial Owner. Without limiting the immediately preceding sentence, neither the Issuer nor the Paying Agent shall have any responsibility or obligation with re- spect to (1) the accuracy of the records of DTC or its nominee or of any Participant with re- spect to any ownership interest in the Bonds, (ii) the delivery to any Participant, any Benefi- cial Owner or any other person, other than DTC or its nominee, of any notice with respect to the Bonds, (iii) the payment to any Partici- pant, any Beneficial Owner or any other per- son, other than DTC or its nominee, of any amount with respect to the principal of, premi- um, if any, or interest on the Bonds, or (iv) the failure of DTC to provide any information or notification on behalf of any Participant or Beneficial Owner. The Issuer and the Paying Agent may treat DTC or its nominee as, and deem DTC or its nominee to be, the absolute owner of each Bond for the purpose of payment of the princi- pal of, premium, if any, and interest on such Bond, for the purpose of all other matters with respect to such Bond, for the purpose of regis- tering transfers with respect to such Bonds, and for all other purposes whatsoever (except for the giving of certain Bond holder consents, in accordance with the practices and proce- dures of DTC as may be applicable thereto). The Paying Agent shall pay all principal of, premium, if any, and interest on the Bonds only to or upon the order of the Bondholders as shown on the Registration Books, and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obliga- tions with respect to the principal of, premium, if any, and interest on the Bonds to the extent so paid. Notwithstanding the provisions of this Resolution to the contrary (including without limitation those provisions relating to the sur- render of Bonds, registration thereof, and is- suance in Authorized Denominations), as long as the Bonds are Depository Bonds, full effect shall be given to the Representation Letter and the procedures and practices of DTC thereun- der, and the Paying Agent shall comply there- with. (c) Upon (1) a determination by the Issuer that DTC is no longer able to carry out its func- tions or is otherwise determined unsatisfacto- ry, or (ii) a determination by DTC that the Bonds are no longer eligible for its depository services or (iii) a determination by the Paying Agent that DTC has resigned or discontinued its services for the Bonds, if such substitution is authorized by law, the Issuer shall (A) des- ignate a satisfactory substitute depository as set forth below or, if a satisfactory substitute is not found, (B) provide for the exchange of De- pository Bonds for replacement Bonds in Au- thorized Denominations. (d) To the extent authorized by law, if the Issuer determines to provide for the exchange Book 142 Regular Session, November 19, 2012 341 of Depository Bonds for Bonds in Authorized Denominations, the Issuer shall so notify the Paying Agent and shall provide the Registrar with a supply of executed unauthenticated Bonds to be so exchanged. The Registrar shall thereupon notify the owners of the Bonds and provide for such exchange, and to the extent that the Beneficial Owners are designated as the transferee by the owners, the Bonds will be delivered in appropriate form, content and Au- thorized Denominations to the Beneficial Own- ers, as their interests appear. (e) Any substitute depository shall be designated in writing by the Issuer to the Pay- ing Agent. Any such substitute depository shall be a qualified and registered "clearing agency" as provided in Section 17A of the Securities Exchange Act of 1934, as amended. The sub- stitute depository shall provide for (i) immobili- zation of the Depository Bonds, (ii) registration and transfer of interests in Depository Bonds by book entries made on records of the depos- itory or its nominee and (iii) payment of princi- pal of, premium, if any, and interest on the Bonds in accordance with and as such inter- ests may appear with respect to such book entries. Section 8. Registration of Bonds; Appoint- ment of Registrar; Transfer; Ownership; Deliv- ery; and Cancellation. (a) Registration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. Wells Fargo Bank, National As- sociation is hereby appointed as Bond Regis- trar under the terms of this Resolution and under the provisions of a separate agreement with the Issuer filed herewith which is made a part hereof by this reference. Registrar shall maintain the books of the Issuer for the regis- tration of ownership of the Bonds for the pay- ment of principal of and interest on the Bonds as provided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bonds and in this Resolution. (b) Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registration and transfer of Bonds and only upon surrender thereof at the office of the Registrar together with an as- signment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Reg- istration Books the information pertaining to the registered owner required above. Upon the transfer of any such Bond, a new fully regis- tered Bond, of any denomination or denomina- tions permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such trans- ferred fully registered Bond, and bearing inter- est at the same rate and maturing on the same date or dates shall be delivered by the Regis- trar. (c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Reg- istrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolu- tion. (d) Ownership. As to any Bond, the per- son in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and dis- charge the liability upon such Bond, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall be de- stroyed and a certificate of the destruction thereof shall be furnished promptly to the Issu- er; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer. (f) Non - Presentment of Bonds. In the event any payment check representing pay- ment of principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, with- out liability for interest thereon, for the benefit of the owner of such Bonds who shall thereaf- ter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Bonds. The Paying Agents obliga- 342 Regular Session, November 19, 2012 Book 142 tion to hold such funds shall continue for a period equal to two years and six months fol- lowing the date on which such interest or prin- cipal became due, whether at maturity, or at the date fixed for redemption thereof, or oth- erwise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Reso- lution by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. (g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer's expense, one bond for each annual maturity. The Registrar shall furnish additional bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Section 9. Reissuance of Mutilated, De- stroyed Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and de- liver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitu- tion for the Bond destroyed, stolen or lost, up- on filing with the Registrar evidence satisfacto- ry to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemni- ty and complying with such other reasonable regulations as the Issuer or its agent may pre- scribe and paying such expenses as the Issuer may incur in connection therewith. Section 10. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their designated agent as the same ap- pear on the books of the Registrar on the 15th day of the month preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. Payment of principal shall only be made upon surrender of the Bond to the Paying Agent. Section 11. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this Resolution, the Mayor and Clerk shall ex- ecute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly is- sued under this Resolution and that the holder thereof is entitled to the benefits of this Reso- lution. No Bonds shall be authenticated and de- livered by the Registrar unless and until there shall have been provided the following: 1. A certified copy of the Resolution of Issuer authorizing the issuance of the Bonds; 2. A written order of Issuer signed by the Treasurer of the Issuer directing the authentication and delivery of the Bonds to or upon the order of the Purchaser upon payment of the purchase price as set forth therein; 3. The approving opinion of Ahlers & Cooney, P.C., Bond Counsel, concerning the validity and legality of all the Bonds proposed to be issued. Section 12. Right to Name Substitute Pay- ing Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered bondholder. Section 13. Form of Bond. Bonds shall be printed in substantial compliance with stand- ards proposed by the American Standards Institute substantially in the form as [provided]. Section 14. Non - Arbitrage Covenants. The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance and sale of the Bonds issued here- under which will cause any of the Bonds to be classified as arbitrage bonds within the mean- ing of Sections 148(a) and (b) of the Internal Revenue Code of the United States, as amended, and that throughout the term of the Bonds it will comply with the requirements of statutes and regulations issued thereunder. To the best knowledge and belief of the Is- suer, there are no facts or circumstances that would materially change the foregoing state- ments or the conclusion that it is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be arbitrage bonds. Without limiting the generality of the foregoing, the Issuer hereby agrees to comply with the provisions of the Tax Exemp- tion Certificate and the provisions of the Tax Exemption Certificate are hereby incorporated by reference as part of this Resolution. The Treasurer is hereby directed to make and in- sert all calculations and determinations neces- sary to complete the Tax Exemption Certificate in all respects and to execute and deliver the Tax Exemption Certificate at issuance of the Bonds to certify as to the reasonable expecta- tions and covenants of the Issuer at that date. Book 142 Regular Session, November 19, 2012 343 Section 15. Severability Clause. If any sec- tion, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become ef- fective immediately upon its passage and ap- proval. Section 16. Continuing Disclosure. The Is- suer hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, and the provisions of the Continuing Disclosure Certificate are hereby incorporated by refer- ence as part of this Resolution and made a part hereof. Notwithstanding any other provi- sion of this Resolution, failure of the Issuer to comply with the Continuing Disclosure Certifi- cate shall not be considered an event of de- fault under this Resolution; however, any hold- er of the Bonds or Beneficial Owner may take such actions as may be necessary and appro- priate, including seeking specific performance by court order, to cause the Issuer to comply with its obligations under the Continuing Dis- closure Certificate. For purposes of this sec- tion, "Beneficial Owner" means any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dis- pose of ownership of, any Bond (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. Section 17. Additional Covenants, Repre- sentations and Warranties of the Issuer. The Issuer certifies and covenants with the pur- chasers and holders of the Bonds from time to time outstanding that the Issuer through its officers, (a) will make such further specific covenants, representations and assurances as may be necessary or advisable; (b) comply with all representations, covenants and assur- ances contained in the Tax Exemption Certifi- cate, which Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the owners of the Bonds;(c) consult with bond counsel (as defined in the Tax Ex- emption Certificate); (d) pay to the United States, as necessary, such sums of money representing required rebates of excess arbi- trage profits relating to the Bonds;(e) file such forms, statements and supporting documents as may be required and in a timely manner; and (f) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, fi- nancial advisors, attorneys and other persons to assist the Issuer in such compliance. Section 18. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be amended without the consent of any owner of the Bonds if, in the opinion of bond counsel, such amendment is necessary to maintain tax exemption with respect to the Bonds under applicable Federal law or regulations. Section 19. Repeal of Conflicting Resolu- tions or Ordinances. That all ordinances and resolutions and parts of ordinances and reso- lutions in conflict herewith are hereby re- pealed. Passed and approved this 19th day of November, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Taxable General Obligation Bonds, Series 2012F - Complete Issuance: City Manager recommending approval of the suggested pro- ceedings to complete the action required on the recent Series 2012F bond issuance. Mo- tion by Connors to receive and file the docu- ments and adopt Resolution No. 320 -12 Ap- pointing Wells Fargo Bank, National Associa- tion of Minneapolis, Minnesota, to serve as paying agent, bond registrar, and transfer agent, approving the paying agent and bond registrar and transfer agent agreement and authorizing the execution of the agreement; and Resolution No. 321 -12 Authorizing and providing for the issuance of $1,035,000 Tax- able General Obligation Bonds, Series 2012F, and levying a tax to pay said bonds. Seconded by Resnick. Motion carried 6 -0. RESOLUTION NO. 320 -12 APPOINTING WELLS FARGO BANK, NA- TIONAL ASSOCIATION OF MINNEAPOLIS, MINNESOTA, TO SERVE AS PAYING AGENT, BOND REGISTRAR, AND TRANS- FER AGENT, APPROVING THE PAYING AGENT AND BOND REGISTRAR AND TRANSFER AGENT AGREEMENT AND AU- THORIZING THE EXECUTION OF THE AGREEMENT Whereas, pursuant to the provisions of Chapter 75 of the Code of Iowa, $1,035,000 Taxable General Obligation Bonds, Series 2012F, dated the date of delivery, have been sold at public sale and action should now be taken to provide for the maintenance of rec- ords, registration of certificates and payment of principal and interest in connection with the issuance of the bonds; and Whereas, this Council has deemed that the services offered by Wells Fargo Bank, National Association of Minneapolis, Minnesota, are necessary for compliance with rules, regula- tions, and requirements governing the registra- tion, transfer and payment of registered bonds; and Whereas, a Paying Agent, Bond Registrar and Transfer Agent Agreement (hereafter "Agreement') has been prepared to be entered into between the City and Wells Fargo Bank, National Association. 344 Regular Session, November 19, 2012 Book 142 NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF DUBUQUE, IOWA: Section 1. That Wells Fargo Bank, National Association of Minneapolis, Minnesota, is hereby appointed to serve as Paying Agent, Bond Registrar and Transfer Agent in connec- tion with the issuance of $1,035,000 Taxable General Obligation Bonds, Series 2012F, dat- ed the date of delivery. Section 2. That the Agreement with Wells Fargo Bank, National Association of Minneap- olis, Minnesota, is hereby approved and that the Mayor and Clerk are authorized to sign the Agreement on behalf of the City. Passed and approved this 19th day of November, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 321 -12 RESOLUTION AUTHORIZING AND PROVID- ING FOR THE ISSUANCE OF $1,035,000 TAXABLE GENERAL OBLIGATION BONDS, SERIES 2012F, AND LEVYING A TAX TO PAY SAID BONDS Whereas, the Issuer is duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and Whereas, the City is in need of funds to pay costs of aiding in the planning, undertak- ing, 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 improve- ments, 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, a general cor- porate purpose, and it is deemed necessary and advisable that Taxable General Obligation Bonds, Series 2012F, to the amount of not to exceed $12,000,000 be authorized for said purpose; and Whereas, the City has a population of more than 5,000 but not more than 75,000; and Whereas, pursuant to notice published as required by Section 384.26 (5) of said Code, the Council of the City has held public meeting and hearing upon the proposal to institute pro- ceedings for the issuance of bonds for general corporate purposes in the amounts as above set forth, and, no petition for referendum hav- ing been received, the Council is therefore now authorized to proceed with the issuance of Taxable General Obligation Bonds, Series 2012F; and Whereas, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above mentioned bonds were heretofore sold at pub- lic sale and action should now be taken to is- sue said bonds conforming to the terms and conditions of the best bid received at the ad- vertised public sale. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Reso- lution unless the text expressly or by neces- sary implication requires otherwise: ❑ "Authorized Denominations" shall mean $5,000 or any integral multiple thereof. ❑ "Beneficial Owner" shall mean the person in whose name such Bond is rec- orded as the beneficial owner of a Bond by a Participant on the records of such Partic- ipant or such person's subrogee. ❑ "Bond Fund" shall mean the fund created in Section 3 of this Resolution. ❑ "Bonds" shall mean $1,035,000 Taxable General Obligation Bonds, Series 2012F, authorized to be issued by this Resolution. ❑ "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any succes- sor nominee of DTC with respect to the Bonds. ❑ "Continuing Disclosure Certificate" shall mean that certain Continuing Disclo- sure Certificate executed by the Issuer and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in ac- cordance with the terms thereof. ❑ "Depository Bonds" shall mean the Bonds as issued in the form of one global certificate for each maturity, registered in the Registration Books maintained by the Registrar in the name of DTC or its nomi- nee. ❑ "DTC" shall mean The Depository Trust Company, New York, New York, a limited purpose trust company, or any suc- cessor book -entry securities depository appointed for the Bonds. ❑ "Issuer" and "City' shall mean the City of Dubuque, Iowa. ❑ "Participants" shall mean those broker - dealers, banks and other financial institutions for which DTC holds Bonds as securities depository. ❑ "Paying Agent" shall mean Wells Fargo Bank, National Association, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuer's agent to provide for the payment of princi- pal of and interest on the Bonds as the same shall become due. Book 142 Regular Session, November 19, 2012 345 ❑ "Project Fund" shall mean the fund required to be established by this Resolu- tion for the deposit of the proceeds of the Bonds. ❑ "Registrar" shall mean Wells Fargo Bank, National Association of Minneapolis, Minnesota, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a regis- ter of the owners of the Bonds. Unless oth- erwise specified, the Registrar shall also act as Transfer Agent for the Bonds. ❑ "Representation Letter" shall mean the Blanket Issuer Letter of Representa- tions executed and delivered by the Issuer to DTC on file with DTC. ❑ "Resolution" shall mean this resolu- tion authorizing the Bonds. ❑ "Treasurer" shall mean the Finance Director or such other officer as shall suc- ceed to the same duties and responsibili- ties with respect to the recording and pay- ment of the Bonds issued hereunder. Section 2. Levy and Certification of Annual Tax; Other Funds to be Used. (a) Levy of Annual Tax. That for the pur- pose of providing funds to pay the principal and interest of the Bonds hereinafter author- ized to be issued, there is hereby levied for each future year the following direct annual tax on all of the taxable property in Dubuque, Io- wa, to -wit: ;AMOUNT FISCAL YEAR (JULY 1 TO JUNE 30) YEAR OF COLLECTION $23,244 1 2013/2014 $135,759 2014/2015 $139,559 T 2015/2016 $138,309 t 2016/2017 $136,746 1 2017/2018 $140,028 I 2018/2019 _ _ $143,143 ____2019/2020_ $140,780 I 2020/2021 $143,080 1 2021/2022 (NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 2012 will be collected during the fiscal year commencing July 1, 2013.) (b) Resolution to be Filed With County Auditor. A certified copy of this Resolution should be filed with the County Auditor of Dubuque Coun- ty, State of Iowa, and said Auditor is hereby instructed in and for each of the years as provided, to levy and as- sess the tax hereby authorized in Section 2 of this Resolution, in like manner as other taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the City are collected, and when collected be used for the pur- pose of paying principal and interest on said Bonds issued in anticipation of said tax, and for no other purpose whatsoever. (c) Additional City Funds Avail- able. Principal and interest coming due at any time when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of the City available for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced. Section 3. Bond Fund. Said tax shall be collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the City, and when col- lected they shall be converted into a special fund within the Debt Service Fund to be known as the "TAXABLE GENERAL OBLIGATION BOND FUND 2012F" (the "Bond Fund "), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Bonds hereinafter authorized to be is- sued; and also there shall be apportioned to said fund its proportion of taxes received by the City from property that is centrally as- sessed by the State of Iowa. Section 4. Application of Bond Proceeds. Proceeds of the Bonds other than accrued interest except as may be provided below shall be credited to the Project Fund and expended therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Bonds at any time that other funds shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with limitations pro- vided by law or this Resolution. Accrued inter- est, if any, shall be deposited in the Bond Fund. Section 5. Investments of Bond Fund Pro- ceeds. All moneys held in the Bond Fund, pro- vided for by Section 3 of this Resolution shall be invested in investments permitted by Chap- ter 12B, Code of Iowa, 2011, as amended, or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation and the deposits in which are in- sured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be continu- 346 Regular Session, November 19, 2012 Book 142 ously secured in compliance with Chapter 12C of the Code of Iowa, 2011, as amended, or otherwise by a valid pledge of direct obliga- tions of the United States Government having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for payment of principal of or interest on the Bonds as herein provided. Section 6. Bond Details, Execution and Redemption. (a) Bond Details. Taxable General Obligation Bonds of the City in the amount of $1,035,000, shall be is- sued pursuant to the provisions of Sections 403.12, 384.24(3)(q), 384.25 and 384.26 of the City Code of Iowa for the aforesaid purpose. The Bonds shall be designated "TAXABLE GENERAL OBLIGATION BOND, SERIES 2012F ", be dated the date of delivery, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on De- cember 1, 2013, and semiannually thereafter on the 1st day of June and December in each year until maturity at the rates hereinafter provided. The Bonds shall be executed by the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the Clerk, and impressed or printed with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check to the regis- tered owner of the Bond. The Bonds shall be in the denomination of $5,000 or multi- ples thereof. The Bonds shall mature and bear interest as follows: Principal Amount $120,000 lInterest r Maturity Rate i June 1St 4 1.000% L. $125,000 1 1.000% I 2016 $125,000 T 1.250% I 2017 $125,000 1 1.375% I 2018 $130,000 I 1.450% 2019 $135,000 1 1.750% t 2020 $135,000 i 2.000% ! 2021 $140,000 1 2.200% 1,7 2022 (b) Redemption. Bonds maturing after June 1, 2018 may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' written notice of redemp- tion shall be given to the registered owner of the Bond. Failure to give such notice by mail to any registered owner of the Bonds or any defect therein shall not affect the va- lidity of any proceedings for the redemption of the Bonds. All bonds or portions thereof called for redemption will cease to bear in- terest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. If selection by lot within a maturity is required, the Registrar shall designate the bonds to be redeemed by random selec- tion of the names of the registered owners of the entire annual maturity until the total amount of bonds to be called has been reached. Section 7. Issuance of Bonds in Book - Entry Form; Replacement Bonds. (a) Notwithstanding the other provi- sions of this Resolution regarding registra- tion, ownership, transfer, payment and ex- change of the Bonds, unless the Issuer de- termines to permit the exchange of Deposi- tory Bonds for Bonds in the Authorized Denominations, the Bonds shall be issued as Depository Bonds in denominations of the entire principal amount of each maturity of Bonds (or, if a portion of said principal amount is prepaid, said principal amount less the prepaid amount); and such Depos- itory Bonds shall be registered in the name of Cede & Co., as nominee of DTC. Pay- ment of semi - annual interest for any De- pository Bond shall be made by wire trans- fer or New York Clearing House or equiva- lent next day funds to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated in or pur- suant to the Representation Letter. (b) With respect to Depository Bonds, neither the Issuer nor the Paying Agent shall have any responsibility or obligation to any Participant or to any Beneficial Owner. Without limiting the immediately preceding sentence, neither the Issuer nor the Paying Agent shall have any responsi- bility or obligation with respect to (i) the ac- curacy of the records of DTC or its nomi- nee or of any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant, any Beneficial Owner or any other person, other than DTC or its nominee, of any notice with re- spect to the Bonds, (iii) the payment to any Participant, any Beneficial Owner or any other person, other than DTC or its nomi- nee, of any amount with respect to the principal of, premium, if any, or interest on Book 142 Regular Session, November 19, 2012 347 the Bonds, or (iv) the failure of DTC to pro- vide any information or notification on be- half of any Participant or Beneficial Owner. The Issuer and the Paying Agent may treat DTC or its nominee as, and deem DTC or its nominee to be, the absolute owner of each Bond for the purpose of payment of the principal of, premium, if any, and interest on such Bond, for the purpose of all other matters with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes whatsoever (except for the giving of certain Bond holder con- sents, in accordance with the practices and procedures of DTC as may be applicable thereto). The Paying Agent shall pay all principal of, premium, if any, and interest on the Bonds only to or upon the order of the Bondholders as shown on the Registra- tion Books, and all such payments shall be valid and effective to fully satisfy and dis- charge the Issuer's obligations with respect to the principal of, premium, if any, and in- terest on the Bonds to the extent so paid. Notwithstanding the provisions of this Res- olution to the contrary (including without limitation those provisions relating to the surrender of Bonds, registration thereof, and issuance in Authorized Denomina- tions), as long as the Bonds are Depository Bonds, full effect shall be given to the Rep- resentation Letter and the procedures and practices of DTC thereunder, and the Pay- ing Agent shall comply therewith. (c) Upon (i) a determination by the Is- suer that DTC is no longer able to carry out its functions or is otherwise determined un- satisfactory, or (ii) a determination by DTC that the Bonds are no longer eligible for its depository services or (iii) a determination by the Paying Agent that DTC has re- signed or discontinued its services for the Bonds, if such substitution is authorized by law, the Issuer shall (A) designate a satis- factory substitute depository as set forth below or, if a satisfactory substitute is not found, (B) provide for the exchange of De- pository Bonds for replacement Bonds in Authorized Denominations. (d) To the extent authorized by law, if the Issuer determines to provide for the exchange of Depository Bonds for Bonds in Authorized Denominations, the Issuer shall so notify the Paying Agent and shall provide the Registrar with a supply of exe- cuted unauthenticated Bonds to be so ex- changed. The Registrar shall thereupon notify the owners of the Bonds and provide for such exchange, and to the extent that the Beneficial Owners are designated as the transferee by the owners, the Bonds will be delivered in appropriate form, con- tent and Authorized Denominations to the Beneficial Owners, as their interests ap- pear. (e) Any substitute depository shall be designated in writing by the Issuer to the Paying Agent. Any such substitute deposi- tory shall be a qualified and registered "clearing agency" as provided in Section 17A of the Securities Exchange Act of 1934, as amended. The substitute deposi- tory shall provide for (i) immobilization of the Depository Bonds, (ii) registration and transfer of interests in Depository Bonds by book entries made on records of the de- pository or its nominee and (iii) payment of principal of, premium, if any, and interest on the Bonds in accordance with and as such interests may appear with respect to such book entries. Section 8. Registration of Bonds; Appoint- ment of Registrar; Transfer; Ownership; Deliv- ery; and Cancellation. (a) Registration. The ownership of Bonds may be transferred only by the mak- ing of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. Wells Far- go Bank, National Association is hereby appointed as Bond Registrar under the terms of this Resolution and under the pro- visions of a separate agreement with the Issuer filed herewith which is made a part hereof by this reference. Registrar shall maintain the books of the Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as provided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registra- tion and transfer contained in the Bonds and in this Resolution. (b) Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registration and transfer of Bonds and only upon sur- render thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attor- ney in fact in such form as shall be satis- factory to the Registrar, along with the ad- dress and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the ad- dress of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in ques- tion) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the reg- 348 Regular Session, November 19, 2012 Book 142 istered owner required above. Upon the transfer of any such Bond, a new fully reg- istered Bond, of any denomination or de- nominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Bond, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. (c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolution. (d) Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Regis- tration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and pay- ment of or on account of the principal of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by the Regis- trar shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer. (f) Non - Presentment of Bonds. In the event any payment check representing payment of principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such princi- pal of or interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such in- terest or payment of such Bonds shall forthwith cease, terminate and be com- pletely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be re- stricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Bonds. The Paying Agents obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemp- tion thereof, or otherwise, at which time the Paying Agent, shall surrender any remain- ing funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of what- ever nature shall be made upon the Issuer. (g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer's expense, one bond for each annu- al maturity. The Registrar shall furnish ad- ditional bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Section 9. Reissuance of Mutilated, De- stroyed, Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and de- liver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitu- tion for the Bond destroyed, stolen or lost, up- on filing with the Registrar evidence satisfacto- ry to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemni- ty and complying with such other reasonable regulations as the Issuer or its agent may pre- scribe and paying such expenses as the Issuer may incur in connection therewith. Section 10. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their designated agent as the same ap- pear on the books of the Registrar on the 15th day of the month preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. Payment of principal shall only be made upon surrender of the Bond to the Paying Agent. Section 11. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this Resolution, the Mayor and Clerk shall ex- ecute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Book 142 Regular Session, November 19, 2012 349 Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly is- sued under this Resolution and that the holder thereof is entitled to the benefits of this Reso- lution. No Bonds shall be authenticated and delivered by the Registrar unless and until there shall have been provided the following: 1. A certified copy of the Resolu- tion of Issuer authorizing the issuance of the Bonds; 2. A written order of Issuer signed by the Treasurer of the Issuer direct- ing the authentication and delivery of the Bonds to or upon the order of the Purchaser upon payment of the pur- chase price as set forth therein; 3. The approving opinion of Ah- lers & Cooney, P.C., Bond Counsel, concerning the validity and legality of all the Bonds proposed to be issued. Section 12. Right to Name Substitute Pay- ing Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered bondholder. Section 13. Form of Bond. Bonds shall be printed in substantial compliance with stand- ards proposed by the American Standards Institute substantially in the form as [provided]. Section 14. Contract Between Issuer and Purchaser. This Resolution constitutes a con- tract between said City and the purchaser of the Bonds. Section 15. Severability Clause. If any sec- tion, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become ef- fective immediately upon its passage and ap- proval. Section 16. Continuing Disclosure. The Is- suer hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, and the provisions of the Continuing Disclosure Certificate are hereby incorporated by refer- ence as part of this Resolution and made a part hereof. Notwithstanding any other provi- sion of this Resolution, failure of the Issuer to comply with the Continuing Disclosure Certifi- cate shall not be considered an event of de- fault under this Resolution; however, any hold- er of the Bonds or Beneficial Owner may take such actions as may be necessary and appro- priate, including seeking specific performance by court order, to cause the Issuer to comply with its obligations under the Continuing Dis- closure Certificate. For purposes of this sec- tion, "Beneficial Owner" means any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dis- pose of ownership of, any Bond (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. Section 17. Repeal of Conflicting Resolu- tions or Ordinances. That all ordinances and resolutions and parts of ordinances and reso- lutions in conflict herewith are hereby re- pealed. Passed and approved this 19th day of November, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk General Obligation Urban Renewal Bonds, Series 2012H - Complete Issuance: City Man- ager recommending approval of the suggested proceedings to complete the action required on the recent Series 2012H bond issuance. Motion by Lynch to receive and file the docu- ments and adopt Resolution No. 322 -12 Ap- pointing Wells Fargo Bank, National Associa- tion of Minneapolis, Minnesota, to serve as paying agent, bond registrar, and transfer agent, approving the paying agent and bond registrar and transfer agent agreement and authorizing the execution of the agreement; and Resolution No. 323 -12 Authorizing and providing for the Issuance of $2,385,000 Gen- eral Obligation Urban Renewal Bonds, Series 2012H, and levying a tax to pay said bonds. Seconded by Resnick. Motion carried 6 -0. RESOLUTION NO. 322 -12 APPOINTING WELLS FARGO BANK, NA- TIONAL ASSOCIATION OF MINNEAPOLIS, MINNESOTA, TO SERVE AS PAYING AGENT, BOND REGISTRAR, AND TRANS- FER AGENT, APPROVING THE PAYING AGENT AND BOND REGISTRAR AND TRANSFER AGENT AGREEMENT AND AU- THORIZING THE EXECUTION OF THE AGREEMENT Whereas, pursuant to the provisions of Chapter 75 of the Code of Iowa, $2,385,000 General Obligation Urban Renewal Bonds, Series 2012H, dated the date of delivery, have been sold at public sale and action should now be taken to provide for the maintenance of records, registration of certificates and pay- ment of principal and interest in connection with the issuance of the bonds; and Whereas, this Council has deemed that the services offered by Wells Fargo Bank, National Association of Minneapolis, Minnesota, are necessary for compliance with rules, regula- tions, and requirements governing the registra- tion, transfer and payment of registered bonds; and Whereas, a Paying Agent, Bond Registrar and Transfer Agent Agreement (hereafter "Agreement') has been prepared to be entered 350 Regular Session, November 19, 2012 Book 142 into between the City and Wells Fargo Bank, National Association. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF DUBUQUE, IOWA: Section 1. That Wells Fargo Bank, National Association of Minneapolis, Minnesota, is hereby appointed to serve as Paying Agent, Bond Registrar and Transfer Agent in connec- tion with the issuance of $2,385,000 General Obligation Urban Renewal Bonds, Series 2012H, dated the date of delivery. Section 2. That the Agreement with Wells Fargo Bank, National Association of Minneap- olis, Minnesota, is hereby approved and that the Mayor and Clerk are authorized to sign the Agreement on behalf of the City. Passed and approved this 19th day of November, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 323 -12 AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $2,385,000 GENERAL OBLI- GATION URBAN RENEWAL BONDS, SE- RIES 2012H, AND LEVYING A TAX TO PAY SAID BONDS Whereas, the Issuer is duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and Whereas, the City is in need of funds to pay costs of aiding in the planning, undertak- ing, and carrying out of urban renewal projects under the authority of chapter 403, including Industrial Park land acquisitions consultant costs, rail platform - Intermodal Facility, the Multicultural Family Center, a 5th & Bluff ADA restroom, McAleece Park sidewalks, urban renewal purposes, and it is deemed necessary and advisable that General Obligation Urban Renewal Bonds, Series 2012H, to the amount of not to exceed $12,000,000 be authorized for said purpose; and Whereas, pursuant to notice published as required by Sections 403.12 and 384.25 of said Code, the Council of the City has held public meeting and hearing upon the proposal to institute proceedings for the issuance of bonds, and, no petition for referendum having been received, the Council is therefore now authorized to proceed with the issuance of General Obligation Urban Renewal Bonds, Series 2012H; and Whereas, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above mentioned bonds were heretofore sold at pub- lic sale and action should now be taken to is- sue said bonds conforming to the terms and conditions of the best bid received at the ad- vertised public sale: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Reso- lution unless the text expressly or by neces- sary implication requires otherwise: ❑ "Authorized Denominations" shall mean $5,000 or any integral multiple thereof. ❑ "Beneficial Owner" shall mean the per- son in whose name such Bond is recorded as the beneficial owner of a Bond by a Participant on the records of such Participant or such per- son's subrogee. ❑ "Bond Fund" shall mean the fund created in Section 3 of this Resolution. ❑ "Bonds" shall mean $2,385,000 General Obligation Urban Renewal Bonds, Series 2012H, authorized to be issued by this Resolu- tion. ❑ "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nom- inee of DTC with respect to the Bonds. ❑ "Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure Certif- icate executed by the Issuer and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. ❑ "Depository Bonds" shall mean the Bonds as issued in the form of one global cer- tificate for each maturity, registered in the Reg- istration Books maintained by the Registrar in the name of DTC or its nominee. ❑ "DTC" shall mean The Depository Trust Company, New York, New York, a limited pur- pose trust company, or any successor book - entry securities depository appointed for the Bonds. ❑ "Issuer" and "City' shall mean the City of Dubuque, Iowa. ❑ "Participants" shall mean those broker - dealers, banks and other financial institutions for which DTC holds Bonds as securities de- pository. ❑ "Paying Agent" shall mean Wells Fargo Bank, National Association, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties pre- scribed herein as Issuer's agent to provide for the payment of principal of and interest on the Bonds as the same shall become due. ❑ "Project Fund" shall mean the fund re- quired to be established by this Resolution for the deposit of the proceeds of the Bonds. ❑ "Rebate Fund" shall mean the fund so defined in and established pursuant to the Tax Exemption Certificate. ❑ "Registrar" shall mean Wells Fargo Bank, National Association of Minneapolis, Minnesota, or such successor as may be ap- Book 142 Regular Session, November 19, 2012 351 proved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the Bonds. Unless otherwise speci- fied, the Registrar shall also act as Transfer Agent for the Bonds. ❑ "Representation Letter" shall mean the Blanket Issuer Letter of Representations exe- cuted and delivered by the Issuer to DTC on file with DTC. ❑ "Resolution" shall mean this resolution authorizing the Bonds. ❑ "Tax Exemption Certificate" shall mean the Tax Exemption Certificate executed by the Treasurer and delivered at the time of issu- ance and delivery of the Bonds. ❑ "Treasurer" shall mean the Finance Di- rector or such other officer as shall succeed to the same duties and responsibilities with re- spect to the recording and payment of the Bonds issued hereunder. Section 2. Levy and Certification of Annual Tax; Other Funds to be Used. (a) Levy of Annual Tax. That for the pur- pose of providing funds to pay the principal and interest of the Bonds hereinafter author- ized to be issued, there is hereby levied for each future year the following direct annual tax on all of the taxable property in Dubuque, Io- wa, to -wit: AMOUNT FISCAL YEAR (JULY 1 TO JUNE 30) YEAR OF COLLECTION $81,964 - 2013/2014 J $215,569 • 2014/2015 $212,369 2015/2016 $214,169 I 2016/2017 $210,869 L 2017/2018 $147,569 t 2018/2019 J $150,469 f-- 2019/2020 $148,269 L 2020/2021 i $151,069 1 2021/2022 $148,769 2022/2023 $151,325 2023/2024 _ —_ $148, 625 2024/2025 1 2025/2026 2026/2027 J 2027/2028 $150,775 $147,650 $149,525 $151,113 L 2028/2029 $152,400 2029/2030 $148,550 1 2030/2031 $149,350 L 2031/2032 - - i (NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 2011 will be collected during the fiscal year commencing July 1, 2012.) (b) Resolution to be Filed With County Au- ditor. A certified copy of this Resolution should be filed with the County Auditor of Dubuque County, State of Iowa, and said Auditor is hereby instructed in and for each of the years as provided, to levy and assess the tax hereby authorized in Section 2 of this Resolution, in like manner as other taxes are levied and as- sessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the City are collect- ed, and when collected be used for the pur- pose of paying principal and interest on said Bonds issued in anticipation of said tax, and for no other purpose whatsoever. (c) Additional City Funds Available. Princi- pal and interest coming due at any time when the proceeds of said tax on hand shall be in- sufficient to pay the same shall be promptly paid when due from current funds of the City available for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced. Section 3. Bond Fund. Said tax shall be collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the City, and when col- lected they shall be converted into a special fund within the Debt Service Fund to be known as the "GENERAL OBLIGATION URBAN RE- NEWAL BOND FUND 2012H" (the "Bond Fund "), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Bonds hereinafter author- ized to be issued; and also there shall be ap- portioned to said fund its proportion of taxes received by the City from property that is cen- trally assessed by the State of Iowa. Section 4. Application of Bond Proceeds. Proceeds of the Bonds other than accrued interest except as may be provided below shall be credited to the Project Fund and expended therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Bonds at any time that other funds shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with limitations pro- vided by law or this Resolution. Accrued inter- est, if any, shall be deposited in the Bond Fund. Section 5. Investments of Bond Fund Pro- ceeds. All moneys held in the Bond Fund, pro- vided for by Section 3 of this Resolution shall be invested in investments permitted by Chap- ter 12B, Code of Iowa, 2011, as amended, or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation and the deposits in which are in- sured thereby and all such deposits exceeding the maximum amount insured from time to 352 Regular Session, November 19, 2012 Book 142 time by FDIC or its equivalent successor in any one financial institution shall be continu- ously secured in compliance with Chapter 12C of the Code of Iowa, 2011, as amended, or otherwise by a valid pledge of direct obliga- tions of the United States Government having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for payment of principal of or interest on the Bonds as herein provided. Section 6. Bond Details, Execution and Redemption. (a) Bond Details. General Obligation Urban Renewal Bonds of the City in the amount of $2,385,000, shall be issued pursuant to the provisions of Section 403.12 of the City Code of Iowa for the aforesaid purpose. The Bonds shall be designated "general obligation UR- BAN RENEWAL bond, SERIES 2012H ", be dated the date of delivery, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on December 1 2013, and semiannu- ally thereafter on the 1s day of June and De- cember in each year until maturity at the rates hereinafter provided. The Bonds shall be executed by the man- ual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the Clerk, and impressed or printed with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premi- um, if any, shall be payable at the office of the Paying Agent by mailing of a check to the reg- istered owner of the Bond. The Bonds shall be in the denomination of $5,000 or multiples thereof. The Bonds shall mature and bear in- terest as [provided]: *Term Bonds (b) Mandatory Payment and Redemption of Term Bonds. All Term Bonds are subject to mandatory redemption prior to maturity at a price equal to 100% of the portion of the prin- cipal amount thereof to be redeemed plus ac- crued interest at the redemption date of June 1st of each of the years in the principal amount set opposite each year in the [provided] schedule: * Final Maturity The principal amount of Term Bonds may be reduced through the earlier optional re- demption, with any partial optional redemption of the Term Bonds credited against future mandatory redemption requirements for such Term Bonds in such order as the Council shall determine. (c) Optional Redemption. Bonds maturing after June 1, 2018 may be called for redemp- tion by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued inter- est to date of call. Thirty days' written notice of redemption shall be given to the registered owner of the Bond. Failure to give such notice by mail to any registered owner of the Bonds or any de- fect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All bonds or portions thereof called for re- demption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. If selection by lot within a maturity is re- quired, the Registrar shall designate the bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of bonds to be called has been reached. Section 7. Issuance of Bonds in Book - Entry Form; Replacement Bonds. (a) Notwithstanding the other provisions of this Resolution regarding registration, owner- ship, transfer, payment and exchange of the Bonds, unless the Issuer determines to permit the exchange of Depository Bonds for Bonds in the Authorized Denominations, the Bonds shall be issued as Depository Bonds in de- nominations of the entire principal amount of each maturity of Bonds (or, if a portion of said principal amount is prepaid, said principal amount less the prepaid amount); and such Depository Bonds shall be registered in the name of Cede & Co., as nominee of DTC. Payment of semi - annual interest for any De- pository Bond shall be made by wire transfer or New York Clearing House or equivalent next day funds to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated in or pursuant to the Representation Letter. (b) With respect to Depository Bonds, nei- ther the Issuer nor the Paying Agent shall have any responsibility or obligation to any Partici- pant or to any Beneficial Owner. Without limit- ing the immediately preceding sentence, nei- ther the Issuer nor the Paying Agent shall have any responsibility or obligation with respect to (i) the accuracy of the records of DTC or its nominee or of any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant, any Beneficial Owner or any other person, other than DTC or its nominee, of any notice with respect to the Bonds, (iii) the payment to any Participant, any Beneficial Owner or any other person, other than DTC or its nominee, of any amount with respect to the principal of, premium, if any, or interest on the Bonds, or (iv) the failure of DTC Book 142 Regular Session, November 19, 2012 353 to provide any information or notification on behalf of any Participant or Beneficial Owner. The Issuer and the Paying Agent may treat DTC or its nominee as, and deem DTC or its nominee to be, the absolute owner of each Bond for the purpose of payment of the princi- pal of, premium, if any, and interest on such Bond, for the purpose of all other matters with respect to such Bond, for the purpose of regis- tering transfers with respect to such Bonds, and for all other purposes whatsoever (except for the giving of certain Bond holder consents, in accordance with the practices and proce- dures of DTC as may be applicable thereto). The Paying Agent shall pay all principal of, premium, if any, and interest on the Bonds only to or upon the order of the Bondholders as shown on the Registration Books, and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obliga- tions with respect to the principal of, premium, if any, and interest on the Bonds to the extent so paid. Notwithstanding the provisions of this Resolution to the contrary (including without limitation those provisions relating to the sur- render of Bonds, registration thereof, and is- suance in Authorized Denominations), as long as the Bonds are Depository Bonds, full effect shall be given to the Representation Letter and the procedures and practices of DTC thereun- der, and the Paying Agent shall comply there- with. (c) Upon (i) a determination by the Issuer that DTC is no longer able to carry out its func- tions or is otherwise determined unsatisfacto- ry, or (ii) a determination by DTC that the Bonds are no longer eligible for its depository services or (iii) a determination by the Paying Agent that DTC has resigned or discontinued its services for the Bonds, if such substitution is authorized by law, the Issuer shall (A) des- ignate a satisfactory substitute depository as set forth below or, if a satisfactory substitute is not found, (B) provide for the exchange of De- pository Bonds for replacement Bonds in Au- thorized Denominations. (d) To the extent authorized by law, if the Issuer determines to provide for the exchange of Depository Bonds for Bonds in Authorized Denominations, the Issuer shall so notify the Paying Agent and shall provide the Registrar with a supply of executed unauthenticated Bonds to be so exchanged. The Registrar shall thereupon notify the owners of the Bonds and provide for such exchange, and to the extent that the Beneficial Owners are designated as the transferee by the owners, the Bonds will be delivered in appropriate form, content and Au- thorized Denominations to the Beneficial Own- ers, as their interests appear. (e) Any substitute depository shall be des- ignated in writing by the Issuer to the Paying Agent. Any such substitute depository shall be a qualified and registered "clearing agency" as provided in Section 17A of the Securities Ex- change Act of 1934, as amended. The substi- tute depository shall provide for (i) immobiliza- tion of the Depository Bonds, (ii) registration and transfer of interests in Depository Bonds by book entries made on records of the depos- itory or its nominee and (iii) payment of princi- pal of, premium, if any, and interest on the Bonds in accordance with and as such inter- ests may appear with respect to such book entries. Section 8. Registration of Bonds; Appoint- ment of Registrar; Transfer; Ownership; Deliv- ery; and Cancellation. (a) Registration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. Wells Fargo Bank, National As- sociation is hereby appointed as Bond Regis- trar under the terms of this Resolution and under the provisions of a separate agreement with the Issuer filed herewith which is made a part hereof by this reference. Registrar shall maintain the books of the Issuer for the regis- tration of ownership of the Bonds for the pay- ment of principal of and interest on the Bonds as provided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bonds and in this Resolution. (b) Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registration and transfer of Bonds and only upon surrender thereof at the office of the Registrar together with an as- signment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Reg- istration Books the information pertaining to the registered owner required above. Upon the transfer of any such Bond, a new fully regis- tered Bond, of any denomination or denomina- tions permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such trans- ferred fully registered Bond, and bearing inter- est at the same rate and maturing on the same date or dates shall be delivered by the Regis- trar. 354 Regular Session, November 19, 2012 Book 142 (c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Regis- trar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolu- tion. (d) Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and dis- charge the liability upon such Bond, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall be de- stroyed and a certificate of the destruction thereof shall be furnished promptly to the Issu- er; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer. (f) Non - Presentment of Bonds. In the event any payment check representing payment of principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not pre- sented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such in- terest or payment of such Bonds shall forthwith cease, terminate and be completely dis- charged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such in- terest or Bonds. The Paying Agents obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surren- der any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of what- ever nature shall be made upon the Issuer. (g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer's expense, one bond for each annual maturity. The Registrar shall furnish additional bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Section 9. Reissuance of Mutilated, De- stroyed, Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and de- liver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitu- tion for the Bond destroyed, stolen or lost, up- on filing with the Registrar evidence satisfacto- ry to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemni- ty and complying with such other reasonable regulations as the Issuer or its agent may pre- scribe and paying such expenses as the Issuer may incur in connection therewith. Section 10. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their designated agent as the same ap- pear on the books of the Registrar on the 15th day of the month preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. Payment of principal shall only be made upon surrender of the Bond to the Paying Agent. Section 11. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this Resolution, the Mayor and Clerk shall ex- ecute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly is- sued under this Resolution and that the holder thereof is entitled to the benefits of this Reso- lution. No Bonds shall be authenticated and de- livered by the Registrar unless and until there shall have been provided the following: 1. A certified copy of the Resolution of Is- suer authorizing the issuance of the Bonds; 2. A written order of Issuer signed by the Treasurer of the Issuer directing the authenti- cation and delivery of the Bonds to or upon the Book 142 Regular Session, November 19, 2012 355 order of the Purchaser upon payment of the purchase price as set forth therein; 3. The approving opinion of Ahlers & Cooney, P.C., Bond Counsel, concerning the validity and legality of all the Bonds proposed to be issued. Section 12. Right to Name Substitute Pay- ing Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered bondholder. Section 13. Form of Bond. Bonds shall be printed in substantial compliance with stand- ards proposed by the American Standards Institute substantially in the form as [provided]. Section 14. Contract Between Issuer and Purchaser. This Resolution constitutes a con- tract between said City and the purchaser of the Bonds. Section 15. Non - Arbitrage Covenants. The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance and sale of the Bonds issued here- under which will cause any of the Bonds to be classified as arbitrage bonds within the mean- ing of Sections 148(a) and (b) of the Internal Revenue Code of the United States, as amended, and that throughout the term of the Bonds it will comply with the requirements of statutes and regulations issued thereunder. To the best knowledge and belief of the Is- suer, there are no facts or circumstances that would materially change the foregoing state- ments or the conclusion that it is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be arbitrage bonds. Without limiting the generality of the foregoing, the Issuer hereby agrees to comply with the provisions of the Tax Exemp- tion Certificate and the provisions of the Tax Exemption Certificate are hereby incorporated by reference as part of this Resolution. The Treasurer is hereby directed to make and in- sert all calculations and determinations neces- sary to complete the Tax Exemption Certificate in all respects and to execute and deliver the Tax Exemption Certificate at issuance of the Bonds to certify as to the reasonable expecta- tions and covenants of the Issuer at that date. Section 16. Severability Clause. If any sec- tion, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become ef- fective immediately upon its passage and ap- proval. Section 17. Continuing Disclosure. The Is- suer hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, and the provisions of the Continuing Disclosure Certificate are hereby incorporated by refer- ence as part of this Resolution and made a part hereof. Notwithstanding any other provi- sion of this Resolution, failure of the Issuer to comply with the Continuing Disclosure Certifi- cate shall not be considered an event of de- fault under this Resolution; however, any hold- er of the Bonds or Beneficial Owner may take such actions as may be necessary and appro- priate, including seeking specific performance by court order, to cause the Issuer to comply with its obligations under the Continuing Dis- closure Certificate. For purposes of this sec- tion, 'Beneficial Owner" means any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dis- pose of ownership of, any Bond (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. Section 18. Additional Covenants, Repre- sentations and Warranties of the Issuer. The Issuer certifies and covenants with the pur- chasers and holders of the Bonds from time to time outstanding that the Issuer through its officers, (a) will make such further specific covenants, representations and assurances as may be necessary or advisable; (b) comply with all representations, covenants and assur- ances contained in the Tax Exemption Certifi- cate, which Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the owners of the Bonds;(c) consult with bond counsel (as defined in the Tax Ex- emption Certificate); (d) pay to the United States, as necessary, such sums of money representing required rebates of excess arbi- trage profits relating to the Bonds;(e) file such forms, statements and supporting documents as may be required and in a timely manner; and (f) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, fi- nancial advisors, attorneys and other persons to assist the Issuer in such compliance. Section 19. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be amended without the consent of any owner of the Bonds if, in the opinion of bond counsel, such amendment is necessary to maintain tax exemption with respect to the Bonds under applicable Federal law or regulations. Section 20. Repeal of Conflicting Resolu- tions or Ordinances. That all ordinances and resolutions and parts of ordinances and reso- lutions in conflict herewith are hereby re- pealed. Passed and approved this 19th day of No- vember, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Taxable General Obligation Refunding Bonds, Series 20121- Complete Issuance: City Manager recommending approval of the sug- 356 Regular Session, November 19, 2012 Book 142 gested proceedings to complete the action required on the recent Series 20121 bond issu- ance. Motion by Lynch to receive and file the documents and adopt Resolution No. 324 -12 Appointing Wells Fargo Bank, National Asso- ciation of Minneapolis, Minnesota, to serve as paying agent, bond registrar, and transfer agent, approving the paying agent and bond registrar and transfer agent agreement and authorizing the execution of the agreement; and Resolution No. 325 -12 Authorizing and providing for the issuance of $7,285,000 Tax- able General Obligation Refunding Bonds, Series 20121, and levying a tax to pay said bonds. Seconded by Braig. Motion carried 6 -0. RESOLUTION NO. 324 -12 APPOINTING WELLS FARGO BANK, NA- TIONAL ASSOCIATION OF MINNEAPOLIS, MINNESOTA, TO SERVE AS PAYING AGENT, BOND REGISTRAR, AND TRANS- FER AGENT, APPROVING THE PAYING AGENT AND BOND REGISTRAR AND TRANSFER AGENT AGREEMENT AND AU- THORIZING THE EXECUTION OF THE AGREEMENT Whereas, pursuant to the provisions of Chapter 75 of the Code of Iowa, $7,285,000 Taxable General Obligation Refunding Bonds, Series 20121, dated the date of delivery, have been sold at public sale and action should now be taken to provide for the maintenance of records, registration of certificates and pay- ment of principal and interest in connection with the issuance of the bonds; and Whereas, this Council has deemed that the services offered by Wells Fargo Bank, National Association of Minneapolis, Minnesota, are necessary for compliance with rules, regula- tions, and requirements governing the registra- tion, transfer and payment of registered bonds; and Whereas, a Paying Agent, Bond Registrar and Transfer Agent Agreement (hereafter "Agreement') has been prepared to be entered into between the City and Wells Fargo Bank, National Association. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF DUBUQUE, IOWA: Section 1. That Wells Fargo Bank, National Association of Minneapolis, Minnesota, is hereby appointed to serve as Paying Agent, Bond Registrar and Transfer Agent in connec- tion with the issuance of $7,285,000 Taxable General Obligation Refunding Bonds, Series 20121, dated the date of delivery. Section 2. That the Agreement with Wells Fargo Bank, National Association of Minneap- olis, Minnesota, is hereby approved and that the Mayor and Clerk are authorized to sign the Agreement on behalf of the City. Passed and approved this 19th day of Novemvber, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 325 -12 AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $7,285,000 TAXABLE GEN- ERAL OBLIGATION REFUNDING BONDS, SERIES 20121, AND LEVYING A TAX TO PAY SAID BONDS Whereas, the Issuer is duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and Whereas, the City is in need of funds to pay costs of adjusting, extending and refund- ing existing general obligation indebtedness of the City as is more fully set forth in the sched- ule of Bonds to be refunded, hereinafter set forth as Exhibit "A ", attached to this resolution, and it is deemed necessary and advisable that the City should authorize Taxable General Obligation Refunding Bonds, Series 20121, to the amount of not to exceed $12,000,000 for such purpose; and Whereas, it is found and determined that the aforesaid adjustment and refunding of pre- sent indebtedness is necessary and in the public interest and will benefit the City and its taxpayers by restructuring four (4) outstanding issue(s) of Bonds for purposes of more effi- cient administration thereof; by conforming the debt service requirements to the anticipated receipt of tax funds thereby reducing the im- pact of delays in the collection of future taxes upon the City's cash flow, and to adjust the requirements of the outstanding indebtedness so as to facilitate the orderly retirement of Bonds anticipated to be issued for future capi- tal improvements; and Whereas, it presently appears that the aforesaid benefits may be realized and at the same time savings may be effected in the debt service fund requirements of the City by re- funding of the bonds set forth in the schedule set forth as Exhibit "A ", attached to this Reso- lution and made a part hereof by this refer- ence; and Whereas, the City is in need of funds to pay costs of aiding in the planning, undertak- ing, and carrying out of urban renewal projects under the authority of chapter 403, including the refunding and refinancing of outstanding City indebtedness, including the General Obli- gation 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, is- sued for such purposes to achieve savings and facilitate the use of committed private parking arrangements in connection with future Book 142 Regular Session, November 19, 2012 357 downtown development projects, and it is deemed necessary and advisable that Taxable General Obligation Bonds, Series 20121, to the amount of not to exceed $12,000,000 be au- thorized for said purpose; and Whereas, pursuant to notice published as required by Section 384.26(5) of said Code, the Council of the City has held public meeting and hearing upon the proposal to institute pro- ceedings for the issuance of bonds, and, no petition for referendum having been received, the Council is therefore now authorized to pro- ceed with the issuance of Bonds thereof; and Whereas, the Council is therefore now au- thorized under Iowa Code Sections 403.12, 384.24(3)(q) and 384.25 to proceed with the issuance of $7,285,000 Bonds; and Whereas, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above mentioned bonds were heretofore sold at pub- lic sale and action should now be taken to is- sue said bonds conforming to the terms and conditions of the best bid received at the ad- vertised public sale. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Reso- lution unless the text expressly or by neces- sary implication requires otherwise: • "Authorized Denominations" shall mean $5,000 or any integral multi- ple thereof. • "Beneficial Owner" shall mean the person in whose name such Bond is recorded as the beneficial owner of a Bond by a Participant on the records of such Participant or such person's subrogee. • "Bond Fund" shall mean the fund created in Section 3 of this Resolu- tion. • "Bonds" shall mean $7,285,000 Taxable General Obligation Re- funding Bonds, Series 20121, au- thorized to be issued by this Reso- lution. • "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with re- spect to the Bonds. • "Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure Certificate executed by the Issuer and dated the date of is- suance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. • "Depository Bonds" shall mean the Bonds as issued in the form of one global certificate for each maturity, registered in the Registration Books maintained by the Registrar in the name of DTC or its nominee. • "DTC" shall mean The Depository Trust Company, New York, New York, a limited purpose trust com- pany, or any successor book -entry securities depository appointed for the Bonds. • "Escrow Fund" shall mean the fund established under the terms of a Refunding Trust Agreement dated the date of delivery, for the deposit of the proceeds of the Bonds is- sued hereunder. • "Issuer" and "City" shall mean the City of Dubuque, Iowa. • "Participants" shall mean those broker - dealers, banks and other fi- nancial institutions for which DTC holds Bonds as securities deposito- ry. • "Paying Agent" shall mean Wells Fargo Bank, National Association, or such successor as may be ap- proved by Issuer as provided here- in and who shall carry out the du- ties prescribed herein as Issuer's agent to provide for the payment of principal of and interest on the Bonds as the same shall become due. • "Refunded Bonds" shall mean the General Obligation Urban Renewal Bonds, Taxable Series 2005C, the General Obligation Urban Renewal Bonds, Series 2006B, the General Obligation Refunding Bonds, Se- ries 2006C, and the General Obli- gation Bonds, Series 2007B Bonds. • "Refunding Trust Agreement" shall mean the Refunding Trust Agree- ment dated December 4, 2012 be- tween the Issuer and Wells Fargo Bank, N.A. • "Registrar" shall mean Wells Fargo Bank, National Association of Min- neapolis, Minnesota, or such suc- cessor as may be approved by Is- suer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the Bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Bonds. • "Representation Letter" shall mean the Blanket Issuer Letter of Repre- sentations executed and delivered 358 Regular Session, November 19, 2012 Book 142 by the Issuer to DTC on file with DTC. • "Resolution" shall mean this resolu- tion authorizing the Bonds. • "Treasurer" shall mean the Finance Director or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Bonds issued hereunder. • "Trustee" shall mean Wells Fargo Bank, National Association of Min- neapolis, Minnesota, or its succes- sor as may be approved pursuant to the "Refunding Trust Agreement' referred to herein between the Is- suer and the Trustee for the pur- pose of insuring the payment of the outstanding bonds. Section 2. Levy and Certification of Annual Tax; Other Funds to be Used. (a) Levy of Annual Tax. That for the purpose of providing funds to pay the prin- cipal and interest of the Bonds hereinafter authorized to be issued, there is hereby levied for each future year the [provided] direct annual tax on all of the taxable prop- erty in Dubuque, Iowa, to -wit: (b) Resolution to be Filed With County Auditor. A certified copy of this Resolution should be filed with the County Auditor of Dubuque County, State of Iowa, and said Auditor is hereby instructed in and for each of the years as provided, to levy and as- sess the tax hereby authorized in Section 2 of this Resolution, in like manner as other taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the City are collected, and when collected be used for the purpose of paying principal and interest on said Bonds issued in anticipation of said tax, and for no other purpose whatsoever. (c) Additional City Funds Available. Principal and interest coming due at any time when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from cur- rent funds of the City available for that pur- pose and reimbursement shall be made from such special fund in the amounts thus advanced. Section 3. Bond Fund. Said tax shall be collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the City, and when col- lected they shall be converted into a special fund within the Debt Service Fund to be known as the "TAXABLE GENERAL OBLIGATION REFUNDING BOND FUND 20121" (the "Bond Fund "), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Bonds hereinafter author- ized to be issued; and also there shall be ap- portioned to said fund its proportion of taxes received by the City from property that is cen- trally assessed by the State of Iowa. Section 4. Application of Bond Proceeds. Proceeds of the Bonds in the amount of $7,294,553.15 shall be deposited in the Es- crow Fund and applied to the redemption of the Refunded Bonds on June 1, 2013, in ac- cordance with the Refunding Trust Agreement with Wells Fargo Bank, N.A., as Trustee under the Refunding Trust Agreement dated as of the date of delivery. The Trustee shall 1) hold such proceeds in a special and irrevocable trust fund, 2) invest such proceeds only in cash or direct obligations of the United States, and 3) apply such proceeds and earnings thereon only in accordance with the terms and conditions of the Refunding Trust Agreement. All the terms and conditions of the Refunding Trust Agreement are hereby incorporated by reference in this Resolution as if set forth here- in in full. The Refunding Trust Agreement is hereby approved and confirmed as binding upon the Issuer, and the Mayor and City Clerk are hereby authorized to execute the Refund- ing Trust Agreement on behalf of the Issuer and to authorize Wells Fargo Bank, N.A., as Paying Agent and Registrar of the Refunded Bonds, to call the Refunded Bonds for re- demption pursuant to the provisions of the resolution authorizing their issuance. The re- maining proceeds of the Bonds shall be ex- pended for the purposes of paying costs of issuance. Section 5. Investments of Bond Fund Pro- ceeds. All moneys held in the Bond Fund, pro- vided for by Section 3 of this Resolution shall be invested in investments permitted by Chap- ter 12B, Code of Iowa, 2011, as amended, or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation and the deposits in which are in- sured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be continu- ously secured in compliance with Chapter 12C of the Code of Iowa, 2011, as amended, or otherwise by a valid pledge of direct obliga- tions of the United States Government having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for payment of principal of or interest on the Bonds as herein provided. Section 6. Bond Details, Execution and Redemption. (a) Bond Details. Taxable General Ob- ligation Refunding Bonds of the City in the Book 142 Regular Session, November 19, 2012 359 amount of $7,285,000, shall be issued pur- suant to the provisions of Sections 403.12, 384.25 and 384.26 of the City Code of Io- wa for the aforesaid purpose. The Bonds shall be designated 'TAXABLE GENERAL OBLIGATION REFUNDING BOND, SE- RIES 20121 ", be dated the date of delivery, and bear interest from the date thereof, un- til payment thereof, at the office of the Pay- ing Agent, said interest payable on June 1, 2013, and semiannually thereafter on the 1st day of June and December in each year until maturity at the rates hereinafter pro- vided. The Bonds shall be executed by the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the Clerk, and impressed or printed with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check to the regis- tered owner of the Bond. The Bonds shall be in the denomination of $5,000 or multi- ples thereof. The Bonds shall mature and bear interest as [provided]: (b) Redemption. Bonds maturing after June 1, 2018 may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' written notice of redemp- tion shall be given to the registered owner of the Bond. Failure to give such notice by mail to any registered owner of the Bonds or any defect therein shall not affect the va- lidity of any proceedings for the redemption of the Bonds. All bonds or portions thereof called for redemption will cease to bear in- terest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. If selection by lot within a maturity is required, the Registrar shall designate the bonds to be redeemed by random selec- tion of the names of the registered owners of the entire annual maturity until the total amount of bonds to be called has been reached. Section 7. Issuance of Bonds in Book - Entry Form; Replacement Bonds. (a) Notwithstanding the other provi- sions of this Resolution regarding registra- tion, ownership, transfer, payment and ex- change of the Bonds, unless the Issuer de- termines to permit the exchange of Deposi- tory Bonds for Bonds in the Authorized Denominations, the Bonds shall be issued as Depository Bonds in denominations of the entire principal amount of each maturity of Bonds (or, if a portion of said principal amount is prepaid, said principal amount less the prepaid amount), and such Depos- itory Bonds shall be registered in the name of Cede & Co., as nominee of DTC. Pay- ment of semi - annual interest for any De- pository Bond shall be made by wire trans- fer or New York Clearing House or equiva- lent next day funds to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated in or pur- suant to the Representation Letter. (b) With respect to Depository Bonds, neither the Issuer nor the Paying Agent shall have any responsibility or obligation to any Participant or to any Beneficial Owner. Without limiting the immediately preceding sentence, neither the Issuer nor the Paying Agent shall have any responsi- bility or obligation with respect to (i) the ac- curacy of the records of DTC or its nomi- nee or of any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant, any Beneficial Owner or any other person, other than DTC or its nominee, of any notice with re- spect to the Bonds, (iii) the payment to any Participant, any Beneficial Owner or any other person, other than DTC or its nomi- nee, of any amount with respect to the principal of, premium, if any, or interest on the Bonds, or (iv) the failure of DTC to pro- vide any information or notification on be- half of any Participant or Beneficial Owner. The Issuer and the Paying Agent may treat DTC or its nominee as, and deem DTC or its nominee to be, the absolute owner of each Bond for the purpose of payment of the principal of, premium, if any, and interest on such Bond, for the purpose of all other matters with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes whatsoever (except for the giving of certain Bond holder con- sents, in accordance with the practices and procedures of DTC as may be applicable thereto). The Paying Agent shall pay all principal of, premium, if any, and interest on the Bonds only to or upon the order of the Bondholders as shown on the Registra- tion Books, and all such payments shall be valid and effective to fully satisfy and dis- charge the Issuer's obligations with respect to the principal of, premium, if any, and in- terest on the Bonds to the extent so paid. Notwithstanding the provisions of this Res- olution to the contrary (including without limitation those provisions relating to the surrender of Bonds, registration thereof, 360 Regular Session, November 19, 2012 Book 142 and issuance in Authorized Denomina- tions), as long as the Bonds are Depository Bonds, full effect shall be given to the Rep- resentation Letter and the procedures and practices of DTC thereunder, and the Pay- ing Agent shall comply therewith. (c) Upon (i) a determination by the Is- suer that DTC is no longer able to carry out its functions or is otherwise determined un- satisfactory, or (ii) a determination by DTC that the Bonds are no longer eligible for its depository services or (iii) a determination by the Paying Agent that DTC has re- signed or discontinued its services for the Bonds, if such substitution is authorized by law, the Issuer shall (A) designate a satis- factory substitute depository as set forth below or, if a satisfactory substitute is not found, (B) provide for the exchange of De- pository Bonds for replacement Bonds in Authorized Denominations. (d) To the extent authorized by law, if the Issuer determines to provide for the exchange of Depository Bonds for Bonds in Authorized Denominations, the Issuer shall so notify the Paying Agent and shall provide the Registrar with a supply of exe- cuted unauthenticated Bonds to be so ex- changed. The Registrar shall thereupon notify the owners of the Bonds and provide for such exchange, and to the extent that the Beneficial Owners are designated as the transferee by the owners, the Bonds will be delivered in appropriate form, con- tent and Authorized Denominations to the Beneficial Owners, as their interests ap- pear. (e) Any substitute depository shall be designated in writing by the Issuer to the Paying Agent. Any such substitute deposi- tory shall be a qualified and registered "clearing agency" as provided in Section 17A of the Securities Exchange Act of 1934, as amended. The substitute deposi- tory shall provide for (i) immobilization of the Depository Bonds, (ii) registration and transfer of interests in Depository Bonds by book entries made on records of the de- pository or its nominee and (iii) payment of principal of, premium, if any, and interest on the Bonds in accordance with and as such interests may appear with respect to such book entries. Section 8. Registration of Bonds; Appoint- ment of Registrar; Transfer; Ownership; Deliv- ery; and Cancellation. (a) Registration. The ownership of Bonds may be transferred only by the mak- ing of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. Wells Far- go Bank, National Association is hereby appointed as Bond Registrar under the terms of this Resolution and under the pro- visions of a separate agreement with the Issuer filed herewith which is made a part hereof by this reference. Registrar shall maintain the books of the Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as provided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registra- tion and transfer contained in the Bonds and in this Resolution. (b) Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registration and transfer of Bonds and only upon sur- render thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attor- ney in fact in such form as shall be satis- factory to the Registrar, along with the ad- dress and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the ad- dress of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in ques- tion) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the reg- istered owner required above. Upon the transfer of any such Bond, a new fully reg- istered Bond, of any denomination or de- nominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Bond, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. (c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolution. (d) Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Regis- tration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and pay- ment of or on account of the principal of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such Book 142 Regular Session, November 19, 2012 361 payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by the Regis- trar shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer. (f) Non - Presentment of Bonds. In the event any payment check representing payment of principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such princi- pal of or interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such in- terest or payment of such Bonds shall forthwith cease, terminate and be com- pletely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be re- stricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Bonds. The Paying Agents obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemp- tion thereof, or otherwise, at which time the Paying Agent, shall surrender any remain- ing funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of what- ever nature shall be made upon the Issuer. (g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer's expense, one bond for each annu- al maturity. The Registrar shall furnish ad- ditional bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Section 9. Reissuance of Mutilated, De- stroyed, Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and de- liver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitu- tion for the Bond destroyed, stolen or lost, up- on filing with the Registrar evidence satisfacto- ry to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemni- ty and complying with such other reasonable regulations as the Issuer or its agent may pre- scribe and paying such expenses as the Issuer may incur in connection therewith. Section 10. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their designated agent as the same ap- pear on the books of the Registrar on the 15th day of the month preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. Payment of principal shall only be made upon surrender of the Bond to the Paying Agent. Section 11. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this Resolution, the Mayor and Clerk shall ex- ecute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly is- sued under this Resolution and that the holder thereof is entitled to the benefits of this Reso- lution. No Bonds shall be authenticated and delivered by the Registrar unless and until there shall have been provided the follow- ing: 1. A certified copy of the Resolution of Issuer authorizing the issuance of the Bonds; 2. A written order of Issuer signed by the Treasurer of the Issuer directing the authentication and delivery of the Bonds to or upon the order of the Pur- chaser upon payment of the purchase price as set forth therein; 3. The approving opinion of Ahlers & Cooney, P.C., Bond Counsel, concern- ing the validity and legality of all the Bonds proposed to be issued. Section 12. Right to Name Substitute Pay- ing Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered bondholder. 362 Regular Session, November 19, 2012 Book 142 Section 13. Form of Bond. Bonds shall be printed in substantial compliance with stand- ards proposed by the American Standards Institute substantially in the form as [provided] Section 14. Contract Between Issuer and Purchaser. This Resolution constitutes a con- tract between said City and the purchaser of the Bonds. Section 15. Deposit of Proceeds in Escrow. All of the proceeds derived from the sale of the Bonds, except accrued interest which shall be deposited in the Bond Fund shall be placed in the Escrow Fund with Wells Fargo Bank, Na- tional Association, as Trustee under the Re- funding Trust Agreement dated as of the date of delivery. The Trustee shall 1) hold such proceeds in a special and irrevocable trust fund, 2) invest such proceeds only in cash or direct obligations of the United States, and 3) apply such proceeds and earnings thereon only in accordance with the terms and condi- tions of the Refunding Trust Agreement. All the terms and conditions of the Refunding Trust Agreement are hereby incorporated by refer- ence in this Resolution as if set forth herein in full. The Refunding Trust Agreement is hereby approved and confirmed as binding upon the Issuer, and the Mayor and City Clerk are here- by authorized to execute the Refunding Trust Agreement on behalf of the Issuer and to au- thorize the Trustee to call the Refunded Bonds for redemption pursuant to the provisions of the resolution authorizing their issuance. Section 16. Severability Clause. If any sec- tion, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become ef- fective immediately upon its passage and ap- proval. Section 17. Continuing Disclosure. The Is- suer hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, and the provisions of the Continuing Disclosure Certificate are hereby incorporated by refer- ence as part of this Resolution and made a part hereof. Notwithstanding any other provi- sion of this Resolution, failure of the Issuer to comply with the Continuing Disclosure Certifi- cate shall not be considered an event of de- fault under this Resolution; however, any hold- er of the Bonds or Beneficial Owner may take such actions as may be necessary and appro- priate, including seeking specific performance by court order, to cause the Issuer to comply with its obligations under the Continuing Dis- closure Certificate. For purposes of this sec- tion, 'Beneficial Owner" means any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dis- pose of ownership of, any Bond (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. Section 18. Repeal of Conflicting Resolu- tions or Ordinances. That all ordinances and resolutions and parts of ordinances and reso- lutions in conflict herewith are hereby re- pealed. Passed and approved this 19th day of Novemvber, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Historic Preservation Commission - Tech- nical Assistance Program: Historic Preserva- tion Commission submitting guidelines for the Historic Preservation Technical Assistance Program to help property owners prepare preservation tax credit applications. Motion by Lynch to receive and file the documents and approve the recommendation. Seconded by Connors. Motion carried 6 -0. Code of Ordinances - Tax Increment Fi- nancing (TIF) District, Greater Downtown Ur- ban Renewal District: City Manager recom- mending approval of an ordinance amending the Tax Increment Financing District for the Greater Downtown Urban Renewal District. Motion by Lynch to receive and file the docu- ments and that the requirement that a pro- posed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Braig. Motion carried 6- 0. Motion by Lynch for final consideration and passage of Ordinance No. 60 -12 Amending Ordinance Nos. 33 -11, Previously Amended, and 88 -02, Providing that General Property Taxes Levied and Collected Each Year on all Property Located Within the Greater Down- town Urban Renewal District of the City of Dubuque, County of Dubuque, State of Iowa, by and for the Benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other Taxing Districts, be paid to a special fund for payment of principal and interest on loans, monies ad- vanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with the Amended and Restated Urban Renewal Plan for the Greater Down- town Urban Renewal District. Seconded by Braig. Motion carried 6 -0. Book 142 Regular Session, November 19, 2012 363 OFFICIAL PUBLICATION ORDINANCE NO. 60 -12 AMENDING ORDINANCE NOS. 33 -11, PRE- VIOUSLY AMENDED, AND 88 -02, PROVID- ING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT OF THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF DUBUQUE, COUNTY OF DUBUQUE, DUBUQUE COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND IN- TEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, IN- CURRED BY SAID CITY IN CONNECTION WITH THE AMENDED AND RESTATED UR- BAN RENEWAL PLAN FOR THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT Whereas, the City Council of the City of Dubuque, Iowa (the "City ") has heretofore, in Ordinance No. 30 -82, provided for the division of taxes within the original Downtown Dubuque Urban Renewal Project, Iowa R -15, described in Resolution No. 123 -67 adopted on May 18, 1967, pursuant to Section 403.19 of the Code of Iowa; and Whereas, the Urban Renewal Plan for the original Downtown Dubuque Urban Renewal Project, Iowa R -15, subsequently has been amended on numerous occasions, growing through expansion or merger with other exist- ing urban renewal districts, resulting in Bluff Street, Cable Car, Chaplain Schmitt, East 7th Street, Ice Harbor Subarea A, Ice Harbor Sub- area B, Ice Harbor Subarea C, Industrial Har- bor, Kerper Boulevard, Old Main, South Bluff, South Main, South Port, Town Clock, Upper Main, Warehouse, and Washington Street subareas being added to an Amended and Restated Greater Downtown Urban Renewal District; and Whereas, consistent with the amendments to the Urban Renewal Plan, Ordinance No. 30- 82 subsequently was amended on numerous occasions to provide for the division of taxes within the Amended and Restated Greater Downtown Dubuque Urban Renewal District, creating separate base valuations for the Bluff Street, Cable Car, Chaplain Schmitt, East 7th Street, Ice Harbor Subarea A, Ice Harbor Sub- area B, Ice Harbor Subarea C, Industrial Har- bor, Kerper Boulevard, Old Main, South Bluff, South Main, South Port, Town Clock, Town Clock Expansion, Upper Main, Warehouse, and Washington Street subareas; and Whereas, the Greater Downtown Urban Renewal District, as so amended, recently was combined with the Quebecor Economic Devel- opment District to form a single urban renewal area governed by the terms of an Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, under which additional subareas described as the North Kerper Boulevard Subarea and the Quebecor Subarea were established as part of the Greater Downtown Urban Renewal District, all pursuant to Resolution No. 271 -12, adopted on October 1, 2012. Whereas, Ordinance No. 88 -02 has hereto- fore provided for the division of taxes within Quebecor Economic Development District; and Whereas, indebtedness has been incurred by the City, and additional indebtedness is anticipated to be incurred in the future, to fi- nance urban renewal project activities within the combined area known as the Greater Downtown Urban Renewal District (the "Greater Downtown Urban Renewal District "), and the continuing needs of redevelopment within the Greater Downtown Urban Renewal District are such as to require the continued application of the incremental tax resources of the Greater Downtown Urban Renewal District; and Whereas, the following enactment is nec- essary to accomplish the objectives described in the premises. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Ordinance Nos. 33 -11, and 88 -02, are hereby combined and amended to read as follows: Section 1: For purposes of this Ordinance, the following terms shall have the following meanings: (a) Town Clock Subarea shall mean that portion of the Amended Project Area initially described in the Urban Renewal Plan for the Downtown Dubuque Urban Renewal Project, Iowa R -15, approved by Resolution No. 123 -67 on May 18, 1967, as amended by the Amended and Restat- ed Urban Renewal Plan for the Greater Downtown Urban Renewal District ap- proved by Resolution No. 108 -07 on Feb- ruary 20th, 2007, which Town Clock Sub- area includes the lots and parcels located within the area now legally described as follows: Beginning at the intersection of the north right -of -way line of Ninth Street with the east right -of -way line of Central Ave- nue; thence south along the east right -of- way line of Central Avenue to its intersec- tion with the south right -of -way line of Fourth Street; thence west along the south right -of -way line of Fourth Street to its in- tersection with the west right -of -way line of Locust Street; thence north along the west right -of -way line of Locust Street to its in- tersection with the north right -of -way line of 364 Regular Session, November 19, 2012 Book 142 Ninth Street, but also including the adja- cent City Lots 623 and 624 (Dubuque Mu- seum of Art), the Locust Street Parking Ramp between 8th and 9th Streets and the former U.S. Federal Building located on City Lots 101, 102, 139, 140, and the N 54.5' of City Lots 103 & 138, and the va- cated alley between said lots; thence east along the north right -of -way line of Ninth Street to its intersection with the east right - of -way line of Central Avenue, but also in- cluding the adjacent Iowa Inn property and the public parking lot known as Parking Lot Number 1 located between 9th and 10th Streets east of Iowa Street, to the point of beginning. (b). Old Main Subarea shall mean that portion of the Amended Project Ar- ea initially described in the Amended and Restated Urban Renewal Plan for the Downtown Dubuque Urban Re- newal District approved by Resolution No. 145 -94 on May 2, 1994, which Old Main Subarea includes the lots and parcels located within the area legally described as follows: Beginning at the intersection of the south right -of -way line of Fourth Street with the east right -of -way line of Central Avenue; thence west along the south right -of -way line of Fourth Street to the west right -of -way line of Locust Street; thence south along the west right -of- way line of Locust Street to the north right -of -way line of the Locust Street Connector; thence east along the north right -of -way line of the Locust Street Connector to the west right -of -way line of Highways 151/61; thence north along the west right -of -line of Highways 151/61 to the point of beginning. (c). Town Clock Expansion Subarea shall mean that portion of the Town Clock Subarea initially described in the Amended and Restated Urban Renew- al Plan for the Downtown Dubuque Ur- ban Renewal District approved by Res- olution No. 479 -97 on November 17,1997, which Town Clock Expansion Subarea includes the lots and parcels located within the area legally de- scribed as follows: South 1/2 of City Lot 167, City Lot 168 and City Lot 168A; Lots 1 & 2 of City Lots 204, 205, 206, 207 and 208, N. 23' of City Lot 263, S. 28.5' of City Lot 263, N. 1/2 of City Lot 262, S. 1/2 of City Lot 262, N. 1/2 of City Lot 261, all in Section 24, Township 89 North, Range 2 East, 5th P.M., Dubuque County, Iowa and any adjoining public right -of -way. (d). Upper Main Subarea shall mean that portion of the Amended Project Area initially described in the Amended and Restated Urban Re- newal Plan for the Downtown Dubu- que Urban Renewal District approved by Resolution No. 187 -02 on April 1, 2002, as amended by the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Re- newal District approved by Resolution No. 108 -07 on February 20th, 2007, which Upper Main Subarea includes the lots and parcels located within the area legally described as follows: On the North by Fourteenth Street, on the West by Locust Street but also including adjacent City Lots 660, 659, 658A and 658 except the south 1' of City Lot 658 (Carnegie - Stout Public Library), on the South by the Town Clock Expansion Subarea and on the East by Central Avenue, including all public rights -of -way. (e). Ice Harbor Subarea A shall mean that portion of the Amended Project Area initially described in the Urban Renewal Plan for the Ice Har- bor Urban Renewal District approved by Resolution No. 403 -89 on Decem- ber 18, 1989, which Ice Harbor Sub- area A includes the lots and parcels located within the area legally de- scribed as follows: that area generally bounded on the north by the public alley located between the vacated Fourth Street and Third Street, on the west by the Chicago, Central and Pacific Railroad right -of -way, on the south by East First Street and on the east by the municipal limits of the City of Dubu- que, Iowa and including any adjoining public right -of -way. (f). Ice Harbor Subarea B shall mean that portion of the Amended Project Area initially described in the Amended and Restated Urban Re- newal Plan for the Ice Harbor Urban Renewal District approved by Resolu- tion No. 241 -00 on June 5, 2000, which Ice Harbor Subarea B includes the lots and parcels located within the area legally described as follows: that area generally bound- ed on the north and west by the Chicago, Central and Pa- cific Railroad right -of -way, on the south by the northerly boundary of the Ice Harbor Subarea A and on the east by Book 142 Regular Session, November 19, 2012 365 the municipal limits of the City of Dubuque, Iowa (excluding Lot 1 Adams Co.'s 2nd Addi- tion) and including any adjoin- ing public right -of -way. (g). Ice Harbor Subarea C shall mean a portion of the Amended Project Area added by the Amended and Re- stated Urban Renewal Plan for the Greater Downtown Urban Renewal Dis- trict approved by Resolution No. 108- 07 on February 20th 2007, consisting of Lot 1 Adams Co.'s 2nd Addition and any adjoining public right -of -way. (h). Warehouse Subarea shall mean a portion of the Amended Project Area added by the Amended and Re- stated Urban Renewal Plan for the Greater Downtown Urban Renewal Dis- trict approved by Resolution No. 597- 07 on December 17, 2007, which Warehouse Subarea includes the lots and parcels located within the area le- gally described as follows: Commencing as a point of ref- erence at the intersection of the centerlines of 11th Street and Cen- tral Avenue in the City of Dubuque, Dubuque County, Iowa, said point being the point of beginning; thence northeasterly along the centerline of 11th Street to a point of intersection with the centerline of White Street; thence northwesterly along the cen- terline of White Street to a point of intersection with the centerline of 12th Street; thence northeasterly along the centerline of 12th Street and extension thereof to a point of intersection with the centerline of US Highways 151 and 61; thence southwesterly along the centerline of US Highways 151 and 61 to a point of intersection with the center- line of 4th Street extended; thence southwesterly along the centerline of 4th Street and extension thereof to a point of intersection with the centerline of Central Avenue; thence northwesterly along the cen- terline of Central Avenue to a point of intersection with the centerline of 9th Street; thence southwesterly along the centerline of 9th Street to a point of intersection with the westerly line of City Lot 259 ex- tended southerly; thence north- westerly along the westerly line of City Lot 259, and Lots 1 and 2 of the Subdivision of the South '/% of City Lot 261 and City Lot 260 to the southwest corner of the N '/% of City Lot 261; thence northeasterly along the southerly line of the N '/% of City Lot 261 and extension thereof to a point of intersection with the center- line of Central Avenue; thence northwesterly along the centerline of Central Avenue to a point of in- tersection of 11th Street also being point of beginning; and including any adjoining public right -of -way. (i). South Main Subarea shall mean a portion of the Amended Pro- ject Area added by the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District approved by Resolution No. 597 -07 on December 17, 2007, which South Main Subarea includes the lots and parcels located within the area legally described as follows: Commencing as a point of reference at a point of in- tersection of the centerline of Locust Street with the Lo- cust Street Connector in the City of Dubuque, Dubuque County, Iowa, said point be- ing the point of beginning; thence northeasterly along the centerline of the Locust Street Connector to a point of intersection with the cen- terline of US Highways 52, 61, and 151; thence south- easterly along the centerline of US Highways 52, 61, and 151 to a point of intersection with the centerline of the eastern section of Jones Street extended southwest- erly; thence southwesterly along said extension of the centerline of the eastern section of Jones Street to a point of intersection with the centerline of Main Street; thence northwesterly along the centerline of Main Street to a point of intersection with the centerline of Jones Street; thence northwesterly along the centerline of Jones Street to a point of intersec- tion with the easterly line of Lot 2D of vacated Shields Street extended northerly; thence southeasterly along the easterly line of Lot 2D of vacated Shields Street to the southeasterly corner of said Lot 2D; thence southwester- ly along the southerly lines of Lot A and Lot 2D of va- cated Shields Street and Lot 366 Regular Session, November 19, 2012 Book 142 1 of 2 of City Lot 543 ex- tended westerly to a point of intersection with the center- line of Locust Street; thence northeasterly along the cen- terline of Locust Street to a point of intersection with the centerline of the Second Street Connector, also being the point of beginning; and including any adjoining pub- lic right -of -way. (j). South Port Subarea shall mean a portion of the Amended Pro- ject Area added by the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District approved by Resolution No. 300 -08 on September 2, 2008, which South Port Subarea includes the lots and parcels located within the area legally described as follows: Beginning at a point of reference at the northwest corner of lot 2AA of Cooper Wagon Works Block in the City of Dubuque, Dubuque County Iowa, said pint being on the southerly right of way line of East First Street; Thence southeasterly along the southerly right of line of East First Street and exten- sion thereof to the municipal limits of the City of Dubuque; Thence southerly along said municipal limits to a point of intersection with the south- ern right of way line of Rail- road Ave. extended easterly; Thence southwesterly along said right of way line exten- sion there to the southeast corner of lot A, Block 15 Dubuque Harbor Company's Addition; Thence northwest- erly along the easterly line of said Lot A to the northerly right of way line of Railroad Ave., and south line of lot 1 of 5 of Block 27 Dubuque Harbor Company's Addition; Thence northwesterly along the westerly lines of lots 1 of 5, 1 of 4, 1 of 3, 1 of 2 and 1 of 1 of said Block 27 to the south line of lot 4A of said Block 17; Thence westerly to the easterly right of way line of vacated Water Street; Thence northwesterly along said easterly line to the southwesterly corner of lot 2 of said Block 17; Thence westerly along the extension of the southerly line of said Lot 2 to the westerly line of Vacated Water Street; Thence southeasterly along said westerly right of way line to the southerly corner of lot 2 of Block 18 of Dubu- que Harbor Company's Ad- dition; Thence northwesterly along the westerly line of said lot 2 to a point of inter- section with the southerly right of way line of vacated Charter St; Thence south- westerly along said right of way line and extension thereof the centerline of South Main Street; Thence northwesterly along said centerline to the northerly line of lot 5, Block 13 Dubu- que Harbor Company's Ad- dition extended northeaster- ly; Thence southwesterly along said line to the easter- ly line of lots 7 and 8 of said Block 13; Thence south- easterly along the easterly lines of said lots 7 & 8 and extension thereof to the cen- terline of Charter Street; Thence southwesterly along said centerline to the center- line of Salina Street; Thence northwesterly along said centerline to the northerly line of lot 1 of 3 of Block C of Industrial Sub. No. 1 ex- tended northeasterly; Thence southwesterly along the northerly lines of said lot 1 of 3 and Lot 2 of said Block C extended to the westerly right of way line of Harrison St.; Thence nor- therly along the easterly line of the West Part of Lot 1 of 1 of 1 of 1 of P.J. Seippel Lumber Company Place; Thence westerly along the southerly lines of lots 1 of 1 of 2 of 1 and Lot 2 of 1 oft of 1 and extension thereof to the centerline of relocated South Locust St; Thence northerly along said center- line to the centerline of Dodge St; Thence easterly along said centerline of Book 142 Regular Session, November 19, 2012 367 Dodge Street to a point of in- tersection with the westerly line of Lot E of vacated Shields Street extended southerly; Thence northerly along said westerly line to the northwest corner of said lot E; Thence easterly along the north line of said lot E and Lot 6 Block 11 of Dubu- que Harbor Company's Ad- dition and extension thereof to the centerline of Main Street; Thence southeasterly along the centerline of Main St. to the centerline of Dodge Street; Thence east- erly along the centerline of Dodge St to the intersection of Highway 61/151; Thence northwesterly along said centerline to a point of inter- section with the southerly right of way line of East First Street; Thence southeasterly along said right of way line to the point of beginning. (k). Cable Car Subarea shall mean a portion of the Amended Pro- ject Area added by the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District approved by Resolution No. 393 -09 on October 5, 2009, which Cable Car Subarea includes the lots and parcels located within the area legally described as follows: Commencing as a point of reference at the intersec- tion of the centerlines of Second Street and Locust Street in the City of Dubu- que, Dubuque County, Iowa, said point being the point of beginning; Thence south- easterly along the centerline of Locust Street to a point of intersection with the center- line of First Street; Thence southwesterly along the cen- terline of First Street to a point of intersection with the centerline of Bluff Street; Thence northwesterly along the centerline of Bluff Street to a point of intersection with the centerline of Emmett Street; Thence southwester- ly along the centerline of Emmett Street to a point of intersection with the center- line of St. Mary's Street; Thence northwesterly along the centerline of St. Mary's Street and to a point of in- tersection with the northerly line of Cathedral Center ex- tended southwesterly; Thence northeasterly along the northerly line of Cathe- dral Center to a point of in- tersection with the westerly right of way line of Bluff Street; Thence northwesterly along said westerly right of way line of Bluff Street and extension thereof to a point of intersection with the cen- terline of Third Street; Thence southwesterly along the centerline of Third Street to a point of intersection with the westerly line of Lot 1 of the East 78 ft. of the South 100 ft. of Lot 4 of City Lot 692 extended southerly; Thence northwesterly along said westerly line to a point of intersection with the southerly line of Fenelon Point Subdivision; Thence northeasterly along said southerly line to a point of in- tersection with the westerly line of Lot 2 of 2 of City Lot 692;Thence northwesterly along said westerly line and westerly line of Lot 1 of 2 of City Lot 692 to a point of in- tersection with the southerly right of way line of W. Fourth Street; Thence northeasterly across W. Fourth Street to the southwest corner of Lot 1 of Evan's Place, said point also being on the northerly right of way line of W. Fourth Street; Thence northwesterly along the west line of said Lot 1 to the southeast corner of Lot 34 of Cooper Heights Addition; Thence continuing northwesterly along the easterly line of Lots 34, 35, 36 and 37 of Cooper Heights Addition to a point of inter- section with the southerly right of way line of W. Fifth Street; Thence northeasterly to a point of intersection in the centerline of W. Fifth Street approximately 270 feet southwesterly of the centerline of Bluff Street; Thence northwesterly along the centerline of W. Fifth 368 Regular Session, November 19, 2012 Book 142 Street to a point of intersec- tion with the southerly line of Coriell's Dubuque also being the northerly right of way line of W. Fifth Street; Thence northeasterly along said right of way line of W. Fifth St. to the southwest corner of Lot 1 of City Lot 690;Thence northwesterly along the westerly line of said Lot 1 to the northwest corner of said Lot 1;Thence northeasterly along the nor- therly line of said Lot 1 to the northeast corner of said Lot 1;Thence southeasterly along the easterly line of said Lot 1 to a point of inter- section with the northerly line of the south 62.5 ft. of the north 64 ft. of City lot 617;Thence northeasterly along said northerly line and extension thereof to a point of intersection with the cen- terline of Bluff Street; Thence southeasterly along the centerline of Bluff Street to a point of intersection with the northerly line of the south 10 ft. of City Lot 138 extended southwesterly; Thence northeasterly along said northerly line and nor- therly line of the south 10 ft. of the south 34.6 ft. of City Lot 103 and extension thereof to a point of intersec- tion with the centerline of Locust Street; Thence southeasterly along the cen- terline of Locust Street to a point of intersection with the centerline of Second Street, said point being the point of beginning. (I) Bluff Street Subarea shall mean a portion of the Amended Pro- ject Area added by the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District approved by Resolution No. 269 -10 on July 19, 2010, which Bluff Street Subarea includes the Tots and parcels located within the area legally described as follows: Commencing as a point of reference at the intersection of the centerlines of W. Sixth Street and Bluff Street in the City of Dubuque, Dubuque County, Iowa, said point be- ing the point of beginning; thence southeasterly along the centerline of Bluff Street to a point of intersection with the northerly line of the south 62.5 ft. of the north 64 ft. of City Lot 617 extended southeasterly; thence southwesterly along said northerly line to the easterly line of Lot 1 of City Lot 690; thence northwesterly along the easterly line of said Lot 1 to the northeast corner of said Lot 1; thence south- westerly along the northerly line of said Lot 1 to the northwest corner of said Lot 1; thence southeasterly along the westerly line of said Lot 1 to a point of inter- section with northerly right of way line of W. Fifth Street; thence southwesterly along said right of way line of W. Fifth St. to the southeast corner of the South 73' of Lot 13 of Coriell's Dubuque; thence northwesterly 73' along the easterly line of said South 73' of Lot 13 of Coriell's Dubuque to the northeast corner of the South 73' of Lot 13 of Cori - ell's Dubuque; thence southwesterly along the nor- therly line of said South 73' of Lot 13 of Coriell's Dubu- que to a point of intersection with westerly line of Lot 13 of Coriell's Dubuque; thence northwesterly along said westerly line of Lot 13 to a point of intersection with the southerly line of Lot 33 of Coriell's Dubuque; thence northeasterly along said southerly line of Lot 33 to a point of intersection with the westerly line of Lot 14 of Coriell's Dubuque' thence northwesterly along said westerly line of said Lot 14 to a point of intersection with the southerly line of Lot 34 of Coriell's Dubuque; thence northeasterly along said southerly line of Lot 34 to the easterly line of Coriell's Dubuque; thence northwest- erly along said easterly line Book 142 Regular Session, November 19, 2012 369 Lots 34, 35, 36, 37, 38, and 44 of Coriell's Dubuque to the northwest corner of the North 50' of Lot 1 of Lot 1 of City Lot 653; thence north- easterly along the northerly line of said North 50' of Lot 1 of Lot 1 of City Lot 653 to the southeast corner of Lot 1 of McKinlay's Subdivision; thence northwesterly along said easterly line of said Lot 1 and extension thereof to a point of intersection with the centerline of West Eighth Street; thence northwesterly along said centerline of West Eighth Street to a point of intersection with the westerly line of Lot 1 of the Subd'n. of City Lot 688 and part of City Lot 654 extend- ed southerly; thence north- westerly along said westerly line of Lot 1 and extension thereof northerly to a point of intersection with the center- line of West Ninth Street; thence southwesterly along the centerline of West Ninth Street to a point of intersec- tion with the southerly ex- tension of the westerly line of Lot 2 of Lot 12 of Central Addition; thence northwest- erly along said westerly right of Lot 2 of Lot 12 to the northwest corner of said Lot; thence northeasterly along the northerly line of said Lot 2 of Lot 12 to the northeast corner of said Lot; thence southeasterly along said easterly line of said Lot 2 of Lot 12 to the southwest cor- ner of Lot 1 of Lot 11 of Cen- tral Addition; thence north- easterly along the southerly line of Lot 1 of Lot 11 and Lot 1 of Lot 10 of Central Addition to a point of inter- section with the westerly line of Lot 1 of Lot 9 of Central Addition; thence northwest- erly along said westerly line of Lot 1 of Lot 9 to a point of intersection with the souther- ly right of way line of a public alley in Central Addition; thence northeasterly along said southerly line to a point of intersection with the westerly line of Lot 1 of 1 of 10 of Lorimer's Subdivision; thence northwesterly along said westerly line of said Lot 1 of 1 of 10 to the northerly line of Lorimer's Subdivision; thence northeasterly along the northerly line of Lori - mer's Subdivision to the southeast corner of a public alley between Corkery's Subdivision and City Lot 655; thence northwesterly along the easterly right of way line of said alley to a point of intersection with West Eleventh Street; thence southwesterly along centerline of West Eleventh Street to a point of intersec- tion with the centerline of Grove Terrace; thence northwesterly along center- line of Grove Terrace to a point of intersection with the northerly right of way line of Arlington Street; thence northeasterly along the nor- therly right of way line of Ar- lington Street to the south- east corner of City Lot 769B; thence northwesterly along the easterly line of said City Lot 769B to a point of inter- section with the southerly line of Lot 3 of Brown's Sub- division; thence southwest- erly along the southerly line of said Lot 3 to the south- west corner of said lot; thence northwesterly along the westerly line of said Lot 3 and extension thereof to a point of intersection with the centerline of Loras Boule- vard; thence northeasterly along said centerline to a point of intersection with the centerline of Locust Street; thence southeasterly along the centerline of Locust Street to a point of intersec- tion with the centerline of W. Eleventh Street; thence southwesterly along the cen- terline of W. Eleventh Street to a point of intersection with the centerline of Bluff Street; thence southeasterly along the centerline of Bluff Street to a point of intersection with the extension of the souther- ly line of City Lot 658A; thence northeasterly along 370 Regular Session, November 19, 2012 Book 142 the southerly line of City Lot 658A extended and the southerly line of City Lot 658, except the southerly one foot thereof, extended to a point of intersection with the centerline of Locust Street; thence southeasterly along the centerline of Lo- cust Street to a point of in- tersection with the centerline of West Ninth Street; thence southwesterly along the cen- terline of West Ninth Street to a point of intersection with the centerline of Bluff Street; thence southeasterly along the centerline of Bluff Street to a point of intersection with the centerline of West Eighth Street; thence northeasterly along the centerline of West Eighth Street to a point of in- tersection with the centerline of Locust Street; thence southeasterly along the cen- terline of Locust Street to a point of intersection with the northerly line of City Lot 624 extended northeasterly; thence southwesterly along the northerly line of City Lot 624 extended southeasterly to the centerline of a public alley; thence southeasterly along the centerline of a public alley to a point of in- tersection with the centerline of W. Seventh Street; thence northeasterly along the cen- terline of W. Seventh Street to a point of intersection with Locust Street; thence south- easterly along the centerline of Locust Street to a point of intersection with West Sixth Street; thence southwesterly along the centerline of West Sixth Street to a point of in- tersection with Bluff Street said point being the point of beginning. (m). South Bluff Street Subarea shall mean that portion of the Amended Project Area added by the Amended and Restated Urban Re- newal Plan for the Greater Downtown Urban Renewal District approved by Resolution No. 86 -11 on March 7, 2011, which South Bluff Street Sub- area includes the lots and parcels lo- cated within the area legally de- scribed as follows: Commencing as a point of reference at the intersec- tion of the centerlines of Emmett Street and Bluff Street in the City of Dubu- que, Dubuque County, Iowa, said point being the point of beginning; thence south- easterly along the centerline of Bluff Street to a point of intersection with the center- line W. First Street; thence southwesterly along the cen- terline W. First Street to the centerline of Bluff Street; thence southwesterly along the centerline of Bluff Street to a point of intersection with the centerline Dodge Street; thence southwesterly along the centerline Dodge Street to a point of intersection with the easterly line of Lot 3 of City Lot 694 extended southeasterly; thence north- westerly along the easterly line of said Lot 3 of City Lot 694 and Lot 1 -1 and 2 -1 of City Lot 694 to the south- west corner of Lot 1 -2 of City Lot 694; thence northeaster- ly along said southerly line of said Lot 1 -2 of City Lot 694 to the southeast corner of said Lot; thence north- westerly along said easterly line of Lot 1 -2 of City Lot 694 to a point of intersection with the southerly line of Lot 12 of Saint Raphael's Addition; thence northeasterly along said southerly line of said Lot 12 and extension thereof to the centerline of St. Mary's Street; thence north- westerly along the centerline of St. Mary's Street to a point of intersection with the centerline of Emmett St.; thence northeasterly along the centerline of Emmett St. to centerline of Bluff Street, said point being point of be- ginning. (n). Kerper Boulevard Subarea shall mean that portion of the Amended Project Area initially de- scribed in the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District approved by Resolution No. 155 -11 Book 142 Regular Session, November 19, 2012 371 on May 2, 2011, which Kerper Boule- vard Subarea includes the lots and parcels located within the area legally described as follows: Lot 1 -2, Lot 2 -2, Lot 2A, Lot 3 and Lot 6 all in Kerper Industrial Park in the City of Dubuque, Dubuque County, Iowa, also including the en- tire right of way of Kerper Court and the westerly por- tion of Kerper Boulevard right of way from the abut- ting Kerper Court right of way and Lot 3 of Kerper In- dustrial Park to the center- line of Kerper Boulevard. (o). Washington Neighborhood Subarea shall mean that portion of the Amended Project Area added by the Amended and Restated Urban Renewal Plan for the Greater Down- town Urban Renewal District ap- proved by Resolution No. 155 -11 on May 2, 2011, which Washington Neighborhood Subarea includes the lots and parcels located within the ar- ea legally described as follows: Commencing as a point of reference at the intersec- tion of the centerlines of Central Avenue and Loras Boulevard in the City of Dubuque, Dubuque County, Iowa, said point being the point of beginning; Thence southwesterly along the cen- terline of Loras Boulevard to a point of intersection with the westerly line of Lot 3 of Brown's Subdivision extend- ed northerly; Thence nor- therly to the southwest cor- ner of Lot 2 -3 of City Lot 667; Thence northwesterly along the westerly line of said Lot 2 -3; Thence north- easterly along the northerly line of said Lot 2 -3 to a point of intersection with the southeasterly line of Lot 1 -3 of City Lot 667; Thence northeasterly along the said southeasterly line to the northeast corner of said Lot 1 -3; Thence southwesterly along the northerly line of said Lot 1 -3 to a appoint of intersection with the easterly right of way line of Montrose Terrace; Thence northwest- erly along said the easterly right of way line to a point of intersection with the easterly right of way line of a public alley between D. N. Cooley's Subdivision and Fairview Subdivision; Thence con- tinuing northwesterly along said the easterly alley line to a point of intersection with the southerly right of way line of W. 17th Street; Thence northwesterly cross- ing W. 17th St. to the most easterly corner of Lot 2 -1 -1- 2 of City Lot 670, said point being at the point of inter- section of the north right of way of W. 17th St. and west- erly right of way line of W. Locust St.; Thence south- westerly along the north right of way of W. 17th St. to southeast corner of Lot 1 -2- 2 of City Lot 670; Thence northwesterly along the easterly lines of Lot 1 -2 -2 and Lot 2 -2 -2 of City Lot 670 to a point of intersection with the southerly right of way line of Clark St.; Thence northwesterly crossing Clark St. to the southeasterly cor- ner of Welsh Place; Thence northwesterly along the easterly line of said Welsh Place to the northeast cor- ner thereof; Thence south- westerly along the northerly line of said Welsh Place to a point of intersection with the easterly right of way line of a public alley along the west- erly side of A. L. Bowen's Subdivision; Thence north- westerly along said easterly right of way line to a point of intersection with the souther- ly right of way line of Angella Street; Thence southwester- ly along said southerly right of way line to the northeast corner of Lot 12 of Gilliam's Subdivision; Thence north- westerly crossing Angella St. to the most southerly corner of Lot 1 of Gilliam's Subdivi- sion said point being on the northerly right of way line of Angella St.; Thence north- westerly along the westerly line of said Lot 1 to a point of intersection with the souther- ly line of Lot 2 of Alvin Haas Place; Thence southwesterly 372 Regular Session, November 19, 2012 Book 142 along the southerly line of Lot 1 and Lot 2 of Alvin Haas Place and the souther- ly line of the Westerly 40 feet of Lot 3 of Quigley's Subdivision of Out Lot 710 to the most easterly corner of Lot 24 of Quigley's Subdi- vision of Out Lot 710; Thence westerly along the southerly boundary of Lots 4 through Lots 15 of Quigley's Subdivision Out Lot 710 and the southerly line of Lots 9A, 10 and 11 of Quigley's Sub- division Out Lot 711 to a point of intersection with the easterly right of way line of Pierce Street; Thence nor- therly along said easterly right of way line and exten- sion thereof to a point of in- tersection with the northerly right of way line of W. Locust Street; Thence easterly along said northerly right of way line to the easterly right of way line of Foye Street; Thence northerly along said easterly right of way line to a point of intersection with the southerly right of way line of a public alley lying between Almond and W. Locust Sts.; Thence easterly along said southerly right of way line to a point of intersection with the westerly right of way line of Ellis Street; Thence southeasterly along said westerly right of way line to a point of intersection with the northerly right of way line of W. Locust Street; Thence southeasterly crossing Ellis St. to a point of intersection with the easterly right of way line of Ellis St. at the south- erly right of way line of Dor- gan Place; Thence easterly along said southerly right of way line of Dorgan Place to the northeast corner of Lot 1 -14 of Dorgan's Subdivi- sion; Thence easterly cross- ing Dorgan Place to the southwest corner of Lot 5 -2 of City Lot 673; Thence nor- therly along the westerly line of said Lot 5 -2 to the north- west corner thereof; Thence easterly along the northerly line of said Lot 5 -2 to a point of intersection with the westerly right of way line of Madison Street; Thence easterly crossing Madison St. to the most westerly cor- ner of Lot A -2 -1 of City Lot 674, said point being on the easterly right of way line of Madison St. Thence easterly along the northerly line of said Lot A -2 -1 to a point of intersection with the easterly right of way line of Main Street; Thence northerly along said easterly right of way line to the northwest corner of Lot 2 -1 of City Lot 674; Thence easterly and continuing northeasterly along the northerly lines of Lot 2 -1, Lot 2 -2, Lot 2 -1 -3, Lot 1 -2 -3 all of the subdivi- sion of City Lot 674 to a point of intersection with the westerly line of Lot 4 of City Lot 674; Thence northwest- erly along said westerly line to a point of intersection with the southerly line of Lot 1 -1- 2 of Duncan's Subdivision; Thence northeasterly along said southerly line and southerly line of Lot 1 and Lot 2 of M. A. Rebman's Subdivision and extension thereof to a point of intersec- tion with the easterly right of way line of Heeb Street; Thence northwesterly along said easterly right of way line to a point of intersection with the northerly right of way line of Clarke Drive; Thence northwesterly along said northerly right of way line to a point of intersection with the easterly right of way line of Heeb Street lying be- tween Central Avenue and Shelby Street; Thence northwesterly along said easterly right of way line to a point of intersection with the southerly right of way line of Kaufmann Avenue; Thence easterly along said southerly right of way line to a point of intersection with the souther- ly extension of the easterly right of way line of a public alley lying between Central Book 142 Regular Session, November 19, 2012 373 Ave. and Francis Street; Thence northwesterly along said easterly right of way line to a point of intersection with the southerly right of way line of W. 23rd Street; Thence southwesterly along said southerly right of way line to the northwest corner of the East One -Half of Lot 11 of Tivoli Addition; Thence northwesterly crossing W. 23rd St. to the southwesterly corner of Lot 1 of Valeria Place No. 2; Thence north- westerly along the westerly line of said Lot 1 to a point of intersection with the souther- ly line of Lot 2 of said Valeria Sub. No. 2; Thence south- westerly along the southerly line of said Lot 2 to the southwest corner thereof; Thence northwesterly along the westerly line of said Lot 2 to a point of intersection with the southerly line of Lot 2 -1 of Valeria Place; Thence northeasterly along said southerly line to the south- easterly corner of said Lot 2- 1; Thence northwesterly along the easterly line of said Lot 2 -1 the northeast corner thereof, said point al- so being the southeasterly right of way line of Carr St.; Thence northwesterly along the easterly right of way line of Carr St. to a point of inter- section with the southerlx right of way line of W. 24t Street; Thence northeasterly along said southerly right of way line to a point of inter- section with the southerly extension of the easterly right of way line of Division Street; Thence northwesterly along said easterly right of way line to the northwest corner of Lot 8 of Wullwe- ber's Subdivision; Thence southwesterly along the southerly line of John King's Subdivision to the southwest corner of the West 33.98 feet of Lot 1 -6 of John King's Subdivision; Thence north- westerly along the westerly line of the West 33.98 feet of Lot 1 -6 of John King's Sub- division to the northwest corner thereof; Thence northeasterly along the nor- therly line of said West 33.98 feet to the southwest corner of Lot 1 of the East 329.98 feet of Lot 8 of John King's Subdivision; Thence northwesterly along the westerly line of said Lot 1 to a point of intersection with the southerly line of the NE1 /4 of said Lot 8; Thence southwesterly along said southerly line to the south- west corner of said NE1 /4 of Lot 8; Thence northwesterly along the westerly lines of the NE1 /4 of Lot 8, the SE1 /4 of Lot 10, the NE1 /4 Lot 10 and the E1/2 of Lot 12 all in John King's Subdi- vision to the northwest cor- ner of said E1/2 of Lot 12; Thence northeasterly along the northerly line of said E1/2 of Lot 12 to the south- west corner of Lot 1 -1 -1 of the E1/2 of Lot 14 in John King's Subdivision; Thence northwesterly along the westerly lines of Lot 1 -1 -1 of the E1/2 of Lot 14 John King's Subdivision to the northwest corner thereof; Thence northeasterly along the northerly line of said Lot 1 -1 -1 to a point of intersec- tion with the westerly right of way line of Central Avenue; Thence northeasterly cross- ing Central Avenue to a point of intersection of the easterly right of way line of Central Avenue and the nor- therly right of way line of E. 25th Street; Thence north- easterly along said northerly right of way line and exten- sion thereof to a point of in- tersection with the easterly right of way line of Elm Street; Thence southeasterly along said easterly right of way line to a point of inter- section with the northerlx right of way line of E. 24t Street; Thence northeasterly along said northerly right of way line and extension thereof to a point of intersec- tion with the easterly right of way line of Windsor Avenue; Thence southeasterly along 374 Regular Session, November 19, 2012 Book 142 said easterly right of way line to a point of intersection with the northerly right of way line of E. 22nd Street; Thence northeasterly along said northerly right of way line to a point of intersection with the westerly right of way line of Stafford Street; Thence northeasterly cross- ing Stafford Street to a point of intersection of the easterly right of way line of Stafford Street and the northerly right of way line of Thomas Place; Thence southeasterly along said easterly right of way line of Stafford Street and extension thereof to a point of intersection with the southerly right of way line of Garfield Avenue; Thence southwesterly along said southerly right of way line to a point of intersection with the centerline of Stafford Street extended southeast- erly; Thence southeasterly along the centerline of Staf- ford Street extended to a point of intersection with the northwesterly line of Lot 2 -2 of Kerper Industrial Park; Thence southwesterly along said northwesterly line of Lot 1 -2 of Kerper Industrial Park to the northernmost point of Lot 1 of Kerper Industrial Park; Thence southwesterly along the westerly line of said Lot 1 to a point of inter- section with the norther) right of way line of E. 16t Street; Thence southwester- ly along said northerly right of way line to the easterly right of way line of Pine Street; Thence southeasterly crossing E. 16th Street along said easterly right of way of Pine St extended to a point of intersection with the southerly right of way line of E. 16th St.; Thence south- westerly along said souther- ly right of way line to a point of intersection with the east- erly right of way line of Elm Street; Thence southeasterly along said easterly right of way line to a point of inter- section with the northerly right of way line of E. 15th Street; Thence southwester- ly along said northerly right of way line to a point of in- tersection with the westerly right of way line of Elm Street; Thence southeasterly along said westerly right of way of Elm Street and ex- tension thereof to a point of intersection with the center- line of E. 12th Street; Thence southwesterly along the said centerline of E. 12th Street to a point of intersection with the centerline of White Street; Thence southeasterly along said centerline of White Street to a point of in- terjection with the centerline of E. 11th Street; Thence southwesterly along said centerline of E. 11th Street to a point of intersection with the centerline of Central Av- enue; Thence northwesterly along said centerline of Cen- tral Avenue to a point of in- tersection with the centerline of Loras Boulevard, said point being the point of be- ginning. (p). Industrial Harbor Subarea shall mean that portion of the Amended Project Area added by the Amended and Restated Urban Re- newal Plan for the Greater Downtown Urban Renewal District approved by Resolution No. 155 -11 on May 2, 2011, which Industrial Harbor Subar- ea includes the lots and parcels lo- cated within the area legally de- scribed as follows: Commencing as a point of reference at the intersec- tion of the centerline of E. 12th Street and the westerly right of way of Elm Street extended southeasterly, in the City of Dubuque, Dubu- que County, Iowa, said point being the point of beginning; Thence northwesterly along said westerly right of way line of Elm Street and exten- sion thereof to a point of in- tersection with the northerly right of way line of E. Fif- teenth Street; Thence north- easterly along said northerly right of way line to a point of intersection with the westerly Book 142 Regular Session, November 19, 2012 375 right of way line of a public alley lying between Pine Street and Maple Street; Thence northwesterly along said westerly right of way line to the northeast corner of the North 35 feet of Lot 255 in East Dubuque Addi- tion; Thence southwesterly along the northwesterly line of said Lot to a point of in- tersection with the easterly right of way line of Pine Street; Thence northwesterly along said easterly right of way line and extension thereof to the northerly right of way line of E. 16th Street; Thence northeasterly along said northerly right of way line to the southwest corner of Lot 1 of Kerper Industrial Park; Thence northwesterly and continuing northeasterly along the westerly line of said Lot 1 to the most nor- therly corner thereof; Thence southwesterly along the westerly lines of Lot 1 -2 and Lot 2A of Kerper Indus- trial Park to the southwest corner of said Lot 2A; Thence northeasterly along the southerly line of said Lot 2A to the southeast corner thereof; Thence northwest- erly along the easterly line of said Lot 2A to the southwest corner of Lot 6 of Kerper In- dustrial Park; Thence north- easterly along the southerly line of said Lot 6 to the southeast corner thereof; Thence northwesterly along the easterly line of said Lot 6 to the northeast corner thereof and point of intersec- tion with the southerly right of way line of Kerper Court; Thence northeasterly along said southerly right of way line and extension thereof to a point of intersection with the centerline of Kerper Blvd; Thence northwesterly along said centerline to a point of intersection with the northerly line of Lot 3 of Kerper Industrial Park ex- tended easterly; Thence northwesterly along said ex- tended line to the northeast corner of said Lot 3, said point also being on the westerly right of way line of Kerper Blvd.; Thence nor- therly along said right of way line to a point of intersection with the northeasterly right of way line of Fengler St.; Thence southeasterly along the extension of said north- easterly right of way line crossing Kerper Blvd. to a point of intersection with the westerly line of Lot 1A of Block 7 River Front Subdivi- sion No. 3, said point being on the easterly right of way line of Kerper Blvd.; Thence southeasterly along said easterly right of way line to a point of intersection with the northerly right of way line of E. 16th Street; Thence southeasterly crossing E. 16th Street to a point of in- tersection of the south right of way line of E. 16th St and the east right of way line of Kerper Blvd.; Thence north- easterly along the southerly right of way line of E. 16th St. to a point of intersection with the westerly shore of Peosta Channel; Thence southeasterly continuing along the westerly shore of Mississippi River adjacent to the following: Kerper Blvd., River Front Subdivision No. 2, Part of Government Lot 3, Section 19, T89N, R3E, 5th P.M., Parts of Congressional Lot 8 in Section 19, T89N, R3E, 5th P.M, Dubuque Harbor Improvement Com- pany's Addition, and River Front Subdivision No. 1, to a point of intersection with the northerly line of Ice Harbor Urban Renewal Subarea B, described as That area gen- erally bounded on the north and west by the Chicago, Central and Pacific Railroad right -of -way, on the south by the northerly boundary of Subarea A and on the east by the municipal limits of the City of Dubuque including any adjoining public right -of- way; Thence northwesterly and continuing southwester- ly along the northerly and westerly sides of Ice Harbor 376 Regular Session, November 19, 2012 Book 142 Urban Renewal District Subarea B to a point of in- tersection with the southerly right of way line of E. 4th street; Thence southwesterly along said southerly right of way line to a point of inter- section with the centerline of U.S. Highways 61/151; Thence northeasterly along said centerline to a point of intersection with the center- line of E. 12th Street; Thence southwesterly along said centerline to a point of intersection with the westerly right of way line of Elm St. extended, said point being the point of beginning; Ex- cepting therefrom, the East 7th Street Subarea. (q). East 7th Street Subarea shall mean that portion of the Amended Project Area initially described in the Amended and Restated Urban Re- newal Plan for the Greater Downtown Urban Renewal District approved by Resolution No. 155 -11 on May 2, 2011, which East 7th Street Subarea includes the lots and parcels located within the area legally described as follows: Block 13 Lot 1 of Lot 4, Lot 1 of Lot 5, Lot 1 of Lot 6, and Lots 7, 8, 9, 10, 11, 12, 13 and 14; Block '16 Lots 1, 2, 3, 4 and 5; and Block 17 Lots A, B, C, D, E, F, Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15, Lot 1 of Lot 16, Lot 1 of Lot 1 of Lot 17, Lot 2 of Lot 1 of Lot 18, Lot 2 of Lot 20, Lot 2 of Lot 21, Lot 2 of Lot 22, Lot 2 of Lot 23, Lot 2 of Lot 24, Lot 2 of Lot 25, Lot 2 of Lot 26, Lot 2 of Lot 27, Lot 3 of Lot 28, Lot 3 of Lot 29,Lot 3 of Lot 30, Lot 3 of Lot 31, Lot 3 of Lot 32 all in the Dubuque Harbor Improvement Co.'s Addition, Township 89 North, Range 3 East of the 5th P.M., Dubuque County, Iowa and any adjoining pub- lic right -of -way. (r). Chaplain Schmitt Subarea shall mean that portion of the Amended Project Area added by the Amended and Restated Urban Re- newal Plan for the Greater Downtown Urban Renewal District approved by Resolution No. 155 -11 on May 2, 2011, which Chaplain Schmitt Subar- ea includes the lots and parcels lo- cated within the area legally de- scribed as follows: All of that part of the City of Dubuque lying easterly of the Peosta Channel also known as Chaplain Schmitt Island and the area lying east of the easterly right of way line of Kerper Boulevard between the centerline of U.S. Highway 61/151 and the southerly right of way line of E. l6t Street in Sec- tions 17, 18, 19 and 20, T89N, R3E, 5th P.M. in the City of Dubuque, Dubuque County, Iowa. (s). North Kerper Subarea shall mean that portion of the Amended Project Area added by the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Re- newal District approved by Resolution No. 271 -12 on October 1, 2012, which North Kerper Subarea includes the lots and parcels located within the area legally described as follows: Commencing as a point of reference at the point of in- tersection of the centerline of U.S. Highways 61 and 151 with the easterly right of way line of Kerper Boulevard in the City of Dubuque, Dubuque County, Iowa, said point being the point of be- ginning; Thence northwest- erly along the easterly right of way line of Kerper Boule- vard to a point of intersec- tion with the northeasterly right of way line of Fengler Street extended; Thence northwesterly along said line crossing Kerper Boulevard right of way to the southerly most corner of Lot 1, Block 19 River Front Subdivision No. 3; Thence southeasterly crossing Fengler Street right of way to the northeast cor- ner of Lot 3 of River Front Subdivision No. 4, said point being a point of intersection of the southwesterly right of way line of Fengler Street with the westerly right of way line of Kerper Boulevard; Thence continuing south- Book 142 Regular Session, November 19, 2012 377 easterly along said westerly right of way line of Kerper Boulevard to the northeast corner of Lot 3 of Kerper In- dustrial Park; Thence west- erly and northwesterly along to north line of said Lot 3 to a point of intersection with the westerly line of Kerper Industrial Park; Thence northeasterly along said westerly line to the north- west corner of Kerper Indus- trial Park; Thence south- easterly along the northerly line of Kerper Industrial Park to the southwest corner of Lot 1 of Lot 2 of Lot 20 of Jaeger's Subdivision, said point being on the south- easterly right of way line of Peosta Street; Thence northeasterly along said right of way line to a point of intersection with the souther- ly line of Lot 2 of Giese Sub- division; Thence southwest- erly along said southerly line to the southeast corner of Lot 2 of 19 of Jaeger's Sub- division; Thence northeast- erly along the easterly line of said Lot 2 of 19 to the north- east corner of said Lot 2 of 19, said point also being on the westerly boundary of Block 19 of River Front Sub- division No. 3; Thence northeasterly along said westerly boundary to the northwest corner of Block 18, River Front Subdivision No. 3; Thence continuing northeasterly along the westerly boundary of Block 18 and Block 17 of River Front Subdivision No. 3 to a point of intersection with the southwesterly corner of Lot 1 of part of Lot 8 in McCraney's First Addition; Thence continuing north- easterly along the westerly lines of Lot 1 of part of Lot 8, Lot 1 of part of Lot 7, Lot 1 of Lot 2 of part of Lot 6, Lot 1 of part of Lot 6, Lot 1 of part of Lot 5, Lot 1 of part of Lot 4, Lot 1 of part of Lot 3, Lot 1 of part of Lot 2, the East 25 feet of part of vacat- ed Marshall St., and Lot 2 of Lot 2 of Lot 1 all in McCraney's First Addition to the southwest corner of Lot 1 of Lot 2 of part of Lot 115 in Ham's Addition; Thence northeasterly along the westerly lines of Lot 1 of Lot 2 of part of Lot 115 and Lot 1 of part of Lot 114 all in Ham's Addition to the most westerly corner of Lot 1 of Bradley Place; Thence northeasterly along the westerly lines of Lot 1 and Lot 2 of Bradley Place to the most westerly corner of Lot 1 Block 15 of River Front Subdivision No. 3; Thence northeasterly along the northwesterly line of said Lot 1 Block 15 and continuing along the northwesterly line of Lot 2 of said Block 15 to the most westerly corner of Lot 2 of In- Futuro Subdivi- sion No. 1; Thence continu- ing northeasterly along the northwesterly line of In- Futuro Subdivision No. 1 and continuing along the northwesterly line of Lots 1 and 2 of Reidl Place to the southwest corner of Lot 1 of Block 14 of River Front Sub- division No. 3; Thence northeasterly along the northwesterly line of said Block 14 to the most wester- ly corner of Block 13 of River Front Subdivision No. 3; Thence continuing north- easterly along the north- westerly line of Blocks 13, 12, 11, 10 and 9 to the nor- therly most corner of Lot 1 Block 9 River Front Subdivi- sion No. 3; Thence continu- ing northeasterly along the northwesterly line of Lot 2 and Lot 2A, Block 9 River Front Subdivision No. 3 to the northerly most corner of said Lot 2A; Thence south- easterly along the north- easterly line of said Lot 2A to the northeast corner of said lot; Thence southwest- erly along the southeasterly line of said Lot 2A to the most westerly corner of Lot 178 of Ham's Addition; Thence southeasterly along the southwesterly lines of Lots 178 and 59 of Ham's 378 Regular Session, November 19, 2012 Book 142 Addition to the southerly most corner of said Lot 59, said point also being the point of intersection of the northeasterly right of way line of Farragut Street with the northwesterly right of way line of Kerper Boule- vard; Thence northeasterly along said Kerper Boulevard right of way line and exten- sion thereof to a point of in- tersection with the north- easterly right of way line of Hawthorne Street; Thence southeasterly along the northeasterly and easterly right of way line of Haw- thorne Street and Haw- thorne Street Extension to a point of intersection with the southwesterly right of way line of Lake Street; Thence southwesterly and north- westerly along said right of way line of Lake Street to a point of intersection with the southerly right of way line of Harbor Street; Thence southwesterly along said Harbor Street right of way line to the northeast corner of Lot 1 Block 4 River Front Subdivision No. 3; Thence southeasterly along the northeasterly line of said Lot 1 and continuing along the northeasterly line of Lot 1 Block 3 of River Front Sub- division No. 3 to the most easterly corner thereof; Thence southwesterly along the southeasterly line of said Lot 1 Block 3 to the easterly most corner of Block 1 of River Front Subdivision No. 5; Thence southwesterly along the southeasterly line of said Block 1 River Front Subdivision No. 5 to the nor- therly right of way line of Hamilton Street Extension; Thence southwesterly cross- ing Hamilton Street Exten- sion right of way to the east- erly most corner of Lot 2 of 3 of 1 Block 5 River Front Subdivision No. 3; Thence continuing southwesterly along the original easterly boundary line of Blocks 5, 6 and 7 of River Front Subdi- vision No. 3, to the southerly most corner of Lot 2 of said Block 7, said point being the northeast corner of Lake Peosta Subdivision; Thence southerly along the easterly line of Lake Peosta Subdivi- sion to a point of intersection with the centerline of U.S. Highways 61 and 151; Thence southwesterly along said centerline to a point of intersection with the easterly right of way line of Kerper Boulevard, said point of be- ing the point of beginning; Excepting therefrom the Quebecor Economic Devel- opment District described as Lot 1 of Lot 1 of Lot 1 of Block 5 and Lot 1 of Lot 2 of Lot 1 of Block 5 of River Front Subdivision No. 3 and Lot 1 of Lot 2 of Block 1 of River Front Subdivision No. 5, all in the City of Dubuque, Dubuque County Iowa and any adjoining public rights of way. (t). Quebecor Subarea shall mean that portion of the Amended Project Area added by the Amended and Re- stated Urban Renewal Plan for the Greater Downtown Urban Renewal District approved by Resolution No. 271 -12 on October 1, 2012, which Quebecor Subarea includes the lots and parcels located within the area legally described as follows: Lot 1 of Lot 1 of Lot 1 of Block 5 and Lot 1 of Lot 2 of Lot 1 of Block 5 of River Front Subdivision No. 3 and Lot 1 of Lot 2 of Block 1 of River Front Subdivision No. 5, all in the City of Dubuque, Dubuque County Iowa and any adjoining public rights of way. (u). Amended Proiect Area shall mean the areas of the City of Dubuque, Iowa in- cluded within the Town Clock Subarea, the Old Main Subarea, the Town Clock Expan- sion Subarea, the Upper Main Subarea, the Ice Harbor Subarea A, the Ice Harbor Subarea B, the Ice Harbor Subarea C, the Warehouse Subarea, the South Main Sub- area, the South Port Subarea, the Cable Car Subarea, the Bluff Street Subarea, the South Bluff Street Subarea, the Kerper Boulevard Subarea, the Washington Neighborhood Subarea, the Industrial Har- Book 142 Regular Session, November 19, 2012 379 bor Subarea, the East 7th Street Subarea, the Chaplain Schmitt Subarea, the North Kerper Subarea and the Quebecor Subar- ea, each as described in this Section. (v). Urban Renewal Plan shall mean the Amended and Restated Urban Renew- al Plan for the Greater Downtown Urban Renewal District, approved by Resolution No. 271 -12 on October 1, 2012, as the same may be amended from time to time. Section 2: The taxes levied on the taxable property in the Amended Project Area, legally described in Section 1 hereof, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and all other taxing districts from and after the effective date of this Ordi- nance shall be divided as hereinafter in this Ordinance provided. Section 3: As to the Town Clock Subarea, that portion of the taxes which would be pro- duced by the rate at which the tax is levied each year by or for each of the taxing districts taxing property in the Town Clock Subarea upon the total sum of the assessed value of the taxable property in the Town Clock Subar- ea as shown on the assessment roll as of Jan- uary 1, 1966, being the assessment roll last equalized prior to the date of the initial adop- tion of the Urban Renewal Plan for the Down- town Dubuque Urban Renewal Project, Iowa R -15, shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for said taxing district into which all other property taxes are paid. The taxes so determined shall be referred herein as the "base period taxes" for such subarea. As to the Old Main Subarea, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 1993, being the assessment roll as of January 1 of the cal- endar year preceding the effective date of Or- dinance No. 23 -94. As to the Town Clock Expansion Subarea, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 1996, being the assessment roll as of January 1 of the calendar year preceding the effective date of Ordinance No. 67 -97. As to the Upper Main Subarea, base peri- od taxes shall be computed in the same man- ner using the total assessed value shown on the assessment roll as of January 1, 2001, being the assessment roll as of January 1 of the calendar year preceding the effective date of Ordinance No. 26 -02. As to the Ice Harbor Subarea A, base peri- od taxes shall be computed in the same man- ner using the total assessed value shown on the assessment roll as of January 1, 1988, being the assessment roll as of January 1 of the calendar year preceding the effective date of Ordinance No. 66 -89. As to the Ice Harbor Subarea B, base peri- od taxes shall be computed in the same man- ner using the total assessed value shown on the assessment roll as of January 1, 1999, being the assessment roll as of January 1 of the calendar year preceding the effective date of Ordinance No. 97 -00. As to the Ice Harbor Subarea C, base peri- od taxes shall be computed in the same man- ner using the total assessed value shown on the assessment roll as of January 1, 2006, being the assessment roll as of January 1 of the calendar year preceding the effective date of Ordinance No. 20 -07. As to the Warehouse Subarea, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2006, being the first day of the calendar year preceding the effective date of Ordinance No. 63 -07. As to the South Main Subarea, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2006, being the first day of the calendar year preceding the effective date of Ordinance No. 63 -07. As to the South Port Subarea, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2007, being the first day of the calendar year preceding the effective date of Ordinance No. 60 -08. As to the Cable Car Subarea, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2008, being the first day of the calendar year preceding the effective date of Ordinance 58 -09. As to the Bluff Street Subarea, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2009, being the first day of the calendar year preceding the effective date of Ordinance 51 -10. As to the South Bluff Street Subarea, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2010, being the first day of the calendar year preced- ing the effective date of Ordinance 33 -11. As to the Kerper Boulevard Subarea, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 1993, being the first day of the calendar year preced- ing the effective date of Ordinance 43 -94. As to the Washington Neighborhood Sub- area, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of Jan- 380 Regular Session, November 19, 2012 Book 142 uary 1, 2010, being the first day of the calen- dar year preceding the effective date of Ordi- nance 33 -11. As to the Industrial Harbor Subarea, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2010, being the first day of the calendar year preced- ing the effective date of Ordinance 33 -11. As to the East 7th Street Subarea, base pe- riod taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 1996, being the first day of the calendar year preced- ing the effective date of Ordinance 64 -97. As to the Chaplain Schmitt Subarea, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2010, being the first day of the calendar year preced- ing the effective date of Ordinance 33 -11. As to the North Kerper Subarea, base pe- riod taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2011, being the first day of the calendar year preced- ing the effective date of this Ordinance. As to the Quebecor Subarea, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2001, being the first day of the calendar year preceding the effective date of Ordinance 88 -02. Section 4: That portion of the taxes each year in excess of the base period taxes for the Amended Project Area, determined for each subarea thereof as provided in Section 3 of this Ordinance, shall be allocated to and when collected be paid into the special tax increment fund previously established by the City of Dubuque to pay the principal of and interest on loans, monies advanced to, or indebtedness, whether funded, refunded, assumed or other- wise, including bonds issued under authority of Section 403.9 or Section 403.12 of the Code of Iowa, incurred by the City of Dubuque, Iowa to finance or refinance, in whole or in part, urban renewal projects undertaken within the Amended Project Area pursuant to the Urban Renewal Plan, except that taxes for the regular and voter - approved physical plant and equip- ment levy of a school district imposed pursuant to Section 298.2 of the Code of Iowa and taxes for the instructional support program of a school district imposed pursuant to Section 257.19 (but in each case only to the extent required under Section 403.19(2)), taxes for the payment of bonds and interest of each taxing district, and taxes imposed under Sec- tion 346.27(22) related to joint county -city buildings shall be collected against all taxable property within the Amended Project Area without any limitation as hereinabove provided. Section 5: Unless or until the total as- sessed valuation of the taxable property in the subareas of the Amended Project Area ex- ceeds the total assessed value of the taxable property in said subareas shown by the as- sessment rolls referred to in Section 3 of this Ordinance, all of the taxes levied and collected upon the taxable property in the Amended Project Area shall be paid into the funds for the respective taxing districts as taxes by or for the taxing districts in the same manner as all other property taxes. Section 6: At such time as the loans, mon- ies advanced, bonds and interest thereon and indebtedness of the City of Dubuque referred to in Section 4 hereof have been paid, all mon- ies thereafter received from taxes upon the taxable property in the Amended Project Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 7: All ordinances or parts of ordi- nances in conflict with the provisions of this Ordinance are hereby repealed. The provi- sions of this Ordinance are intended and shall be construed so as to continue the division of taxes from property within the Amended Pro- ject Area under the provisions of Section 403.19 of the Code of Iowa, as authorized in Ordinance Nos. 33 -11, as previously amend- ed, and 88- 02,and to fully implement the divi- sion of taxes in the North Kerper Subarea In the event that any provision of this Ordinance shall be determined to be contrary to law it shall not affect other provisions or application of this Ordinance which shall at all times be construed to fully invoke the provisions of Sec- tion 403.19 of the Code of Iowa with reference to the Amended Project Area and the territory contained therein. Section 8: This Ordinance shall be in effect after its final passage, approval and publica- tion as provided by law. Passed and approved this 19th day of No- vember, 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin S. Firnstahl, City Clerk Read first time: November 19, 2012 Passed and approved: November 19, 2012 Published officially in the Telegraph Herald newspaper on the 23rd day of November, 2012. /s /Kevin S Firnstahl, City Clerk Code of Ordinances - Construction Storage Plans: City Manager recommending approval of an ordinance change to require a construc- tion materials storage plan to be included with plan submittals so there is less of an impact on neighboring property owners. Motion by Lynch Book 142 Regular Session, November 19, 2012 381 to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Connors. Motion carried 6 -0. Motion by Lynch for final consideration and passage of Ordinance No. 61 -12 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article A Building Code and Regula- tions, Section 14 -1A -2 International Building Code Amendments; Chapter 2 Building Con- struction, Demolition and Moving, Section 14- 2-2 Application for Permit and Section 14 -2 -3 Permit Issuance; Generally by Requiring a Plan for Storage of Materials be Provided on the Application for a Building Permit, Making Renewal of a Building Permit Subject to Com- pliance with the Conditions on the Original Building Permit, Requiring the Storage of Con- struction Materials to Comply with the City Code from the Date of Issuance Through Day 179, and Requiring Compliance with the City Code and Maintenance of the Site as Deter- mined by the City Manager from Day 180 Through Completion of the Project. Seconded by Braig. Motion carried 6 -0. OFFICIAL PUBLICATION ORDINANCE NO. 61 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE A BUILDING CODE AND REGULATIONS, SECTION 14 -1A -2 INTER- NATIONAL BUILDING CODE AMEND- MENTS; CHAPTER 2 BUILDING CON- STRUCTION, DEMOLITION AND MOVING, SECTION 14 -2 -2 APPLICATION FOR PER- MIT AND SECTION 14 -2 -3 PERMIT ISSU- ANCE; GENERALLY BY REQUIRING A PLAN FOR STORAGE OF MATERIALS BE PROVIDED ON THE APPLICATION FOR A BUILDING PERMIT, MAKING RENEWAL OF A BUILDING PERMIT SUBJECT TO COM- PLIANCE WITH THE CONDITIONS ON THE ORIGINAL BUILDING PERMIT, REQUIRING THE STORAGE OF CONSTRUCTION MA- TERIALS TO COMPLY WITH THE CITY CODE FROM THE DATE OF ISSUANCE THROUGH DAY 179, AND REQUIRING COMPLIANCE WITH THE CITY CODE AND MAINTENANCE OF THE SITE AS DETER- MINED BY THE CITY MANAGER FROM DAY 180 THROUGH COMPLETION OF THE PROJECT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14 -1A -2 of the City of Dubuque Code of Ordinances is amended to read as follows: 14 -1A -2: INTERNATIONAL BUILDING CODE AMENDMENTS: The following additions, deletions, modifi- cations, or amendments of the international building code, 2009 edition, adopted in section 14 -1 A -1 of this article read as follows: Sec. 105.5. Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is completed within one year after its issuance, unless the building is part of a pro- ject which, because of its complexity or propor- tions, will require more time, in which instance the building official may grant permits for the project in phases. The building official is au- thorized to grant, in writing and for justifiable cause, a renewal of a permit for two (2) suc- cessive periods of ninety (90) days, for a peri- od not to exceed one - hundred eighty (180) days; provided, that a fee is paid for each re- newal as set by the city manager and the per- mit holder complies with the conditions out- lined on the building permit. All city of Dubuque residential building permits issued prior to July 16, 2007 without an expiration date listed shall expire on Octo- ber 1, 2010. Section 2. Section 14 -2 -2 of the City of Dubuque Code of Ordinances is amended to read as follows: 14 -2 -2: APPLICATION FOR PERMIT: A. Application: To obtain a permit, the ap- plicant shall first file an application therefor in writing on a form furnished by the building ser- vices division. Every such application shall: 1. Identify and describe the work to be covered by the permit for which application is made. 2. Describe the land on which the proposed work is to be done, by legal description, street address or similar description that will readily identify and definitely locate the proposed work. 3. Indicate the use or occupancy for which the proposed work is intended. 4. Be accompanied by plans, dia- grams, computations and specifica- tions and other data as required in subsection B of this section. 5. Be signed by permittee, or the permittee's authorized agent who may be required to submit evidence to indicate such authority. 6. Be accompanied by proof of insur- ance as required by this chapter for the type of permit desired. 7. Contain a plan for the storage of construction materials and mainte- nance of the construction site. 8.Give such other data and infor- mation as may be required by the city manager. 382 Regular Session, November 19, 2012 Book 142 Section 3. Section 14 -2 -3 of the City of Dubuque Code of Ordinances is amended to read as follows: 14 -2 -3: PERMIT ISSUANCE; GENERAL- LY: E. Conditions Of Permit: The permit shall outline the conditions under which the permit was issued and may include, but is not limited to: 1. Storage Requirements; Permit Is- suance Through Day 179: Storage of construction materials must comply with all City ordinances. 2. Storage Requirements; Day 180 And Beyond: The permit will contain requirements for the storage of con- struction materials and maintenance of the site. The conditions will contin- ue upon a renewal /extension of a building permit until such time as the project is complete. The city manager may require additional storage and maintenance requirements upon the issuance of a renewal and /or exten- sion of a building permit. Section 4. This Ordinance takes effect up- on publication. Passed, approved, and adopted the 19th day of November, 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 23rd day of November, 2012. /s /Kevin S. Firnstahl, City Clerk Well Field Electrical Upgrades Project Award: City Manager recommending award of contract for the Well Field Electrical Upgrades Project to Price Industrial Electric. Motion by Lynch to receive and file the documents and adopt Resolution No. 326 -12 Awarding Public Improvement Contract for Well Field Electrical Upgrades Project. Seconded by Braig. Motion carried 6 -0. RESOLUTION NO. 326 -12 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR WELL FIELD ELECTRICAL UPGRADES PROJECT Whereas, sealed proposals have been submitted by contractors for the Well Field Electrical Upgrades Project (the Project) pur- suant to Resolution No. 301 -12 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 19th day of October, 2012; and Whereas, said sealed proposals were opened and read on the 8th of November, 2012 and it has been determined that Price Industri- al Electric of Hiawatha, IA with a bid proposal in the amount of $196.475.00, is the lowest 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 Price Industrial Electric 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 Price Industrial Electric, and the City Manager is hereby di- rected to execute a Public Improvement Con- tract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 19th day of November, 2012. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk City Expo - Date and Format Change: City Manager recommending approval to hold City Expo in early September, and to form a task force of staff from other departments to solicit input and involvement in redesigning City Expo to encourage more innovative displays and activities at this event. Motion by Connors to receive and file. Seconded by Resnick. Public Information Officer Randy Gehl stated that he is working with city departments and Commu- nity Engagement Coordinator Nikola Pavelic for a redesign of and innovations for the annu- al event. Council concurred with the idea and for keeping the person -to- person format be- tween staff and citizens. Motion carried 6 -0. Sustainable Dubuque - Quarterly Work Session Request City Manager requesting approval to schedule a Sustainable Dubuque Quarterly Work Session for December 17, 2012, at 5:00 p.m. Motion by Lynch to receive and file the documents and set the work ses- sion as requested. Seconded by Braig. Motion carried 6 -0. COUNCIL MEMBER REPORTS Connors reported on the Blue Zone Pro- gram workshop and staff visit, which encour- ages communities to become healthier through easy and attainable choices. Braig acknowledged the election of her daughter to the City Council of Sartell, Minne- sota. Resnick expressed thanks for the great city staff and citizen partnerships in the spirit of the upcoming holiday. Mayor Buol reported on his and the City Manager's invitational visit to Grapewine, Tex- as, to present on Dubuque's Council /Manager form of government. Book 142 Regular Session, December 3, 2012 383 PUBLIC INPUT Jule Transit System Employees Wayne Strohmeyer, Doug Brehm, Dawn Pollack, and Pat Healy expressed their concerns about what they believe is a disparity between the number of part-time and full -time bus driver positions, available hours and scheduling is- sues in the department and requested that the City Council review the issue in the next fiscal year budget. There being no further business, upon mo- tion the City Council adjourned at 8:21 p.m. /s /Kevin S. Firnstahl, CMC City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on December 3, 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. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Braig. Motion carried 7 -0. Minutes and Reports Submitted: City Council proceedings of 11/19; Community Development Advisory Commission of 11/14; Housing Commission of 10/23; Library Board of Trustees Update and Survey Results of 11/15; Park and Recreation Commission of 9/18; Sister City Relationships Advisory Com- mission of 11/14; Proofs of Publication for City Council proceedings of 11/5, List of Claims and Summary of Revenues for Month Ending 10/31, and Fiscal Year 2012 Financial Report. Upon motion the documents were received and filed. Notice of Claims and Suits: Peter Apel for vehicle damage, Lawrence Vize for property damage. Upon motion the documents were received, filed and referred to the City Attor- ney. Disposition of Claims: City Attorney advis- ing that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Peter Apel for vehicle damage, Lyle 384 Regular Session, December 3, 2012 Book 142 Christopherson for property damage, Law- rence Vize for property damage. Upon motion the documents were received, filed and con- curred. Bunker Hill Golf Course Outing Fee: City Manager recommending approval for changing fees for Bunker Hill Golf Course Outings. Upon motion the documents were received, filed and approved. Certificate of Completion for McGraw Hill Companies, Inc.: City Manager recommending approval of a Certificate of Completion for McGraw Hill Companies, Inc. acknowledging that their obligations to construct Minimum Improvements (building construction, interior improvements, and site improvements in the Port of Dubuque) have been met. Upon motion the documents were received, filed and ap- proved. Certificate of Completion - Bonson Block, 356 Main St.: City Manager recommending approval of a Certificate of Completion for 356 Main Street - Bonson Block. Upon motion the documents were received, filed and approved. Hike /Bike Trail IA 32 - Project Acceptance: City Manager recommending acceptance of the construction contract for the Iowa 32 Hike - Bike Trail - Phase 4, as completed by Drew Cook and Sons Excavating Co. Upon motion the documents were received and filed and Resolution No. 327 -12 Accepting the Iowa 32/ Hike /Bike Trail Phase 4 Project and authoriz- ing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 327 -12 ACCEPTING THE IOWA 32 HIKE/BIKE TRAIL PHASE 4 PROJECT AND AUTHORIZ- ING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Iowa 32 Hike /Bike Trail Phase 4 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 Engi- neer recommends that the Project be accept- ed; 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 Iowa 32 Hike /Bike Trail Phase 4 Project capital im- provement appropriation for the contract amount of $46,936.70 less any retained per- centage provided for therein as provided in Iowa Code chapter 573, and to pay such re- tainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 3rd day of December, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE IOWA 32 HIKE /BIKE TRAIL PHASE 4 PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Iowa 32 Hike /Bike Trail Phase 4 Project, and that said Project has been per- formed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $48,084.50. Dated this 29th day of November, 2012. /s /Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 29th day of November, 2012. /s/Kevin S. Firnstahl, CMC City Clerk 2012 Community Development Block Grant (CDBG) Ramps Project Completion: City Manager recommending that the award and completion of the 2012 CDBG Access Ramp Installation Project by D &D Superior Concrete be officially recorded in the minutes of the City Council. Upon motion the documents were received, filed and made a Matter of Record. Green Alley Permeable Pavers Project Ac- ceptance (17 -18th Between Washington and Jackson Streets): City Manager recommend- ing acceptance of the construction contract and the establishment of the Final Schedule of Assessments for the Green Alley Permeable Pavers Project (17th -18th between Jackson and Washington Streets). Upon motion the docu- ments were received and filed and Resolution No. 328 -12 Accepting the Green Alley Perme- able Pavers Project (17th -18th between Jack- son & Washington Streets) Project and author- izing the payment of the contract amount to the contractor; and Resolution No. 329 -12 Adopting the Final Schedule of Assessments for the Green alley Permeable Pavers (17th - 18th Between Jackson & Washington Streets) Project were adopted. RESOLUTION NO. 328 -12 ACCEPTING THE GREEN ALLEY PERME- ABLE PAVERS PROJECT (17TH — 18TH, BE- TWEEN JACKSON & WASHINGTON STREETS) PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Book 142 Regular Session, December 3, 2012 385 Whereas, the Public Improvement Contract for the Green Alley Permeable Pavers (17th — 18th, between Jackson & Washington Streets) 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 ac- cepted; 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 Green Alley Pilot Project fund, Sanitary Sewer Manhole Replacement Fund, Catch Basin maintenance Fund, Storm Sewer Improve- ments Fund and the Water Main Replace- ments Fund for the contract amount of $162,542.46 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 3rd day of December, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE GREEN ALLEY PERMEABLE PAVERS PROJECT (17TH — 18TH, BETWEEN JACKSON & WASHINGTON STREETS) PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Green Alley Permeable Pavers (17th — 18th between Jackson & Washington Streets) Project, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $174,218.27. Dated this 29th day of November, 2012. /s /Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 29th day of November, 2012. /s /Kevin S. Firnstahl, City Clerk RESOLUTION NO. 329 -12 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE GREEN ALLEY PER- MEABLE PAVERS (17TH — 18TH, BETWEEN JACKSON & WASHINGTON STREETS) PROJECT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: After full consideration, the Final Schedule of Assessments as shown attached sheet(s), Page 1 to Page 1 inclusive, is hereby ap- proved for the Green Alley Permeable Pavers (17th — 18th between Jackson & Washington Streets) Project. There is hereby assessed and levied as a special tax against and upon each of the bene- fited properties, the respective sums indicated. The amounts shown in said Final Schedule of Assessments as deficiencies are found to be proper and levied conditionally against the respective properties benefited by the im- provements as shown in the Final Schedule of Assessments, subject to the provisions of Iowa Code § 384.63. Said assessments against said lots are hereby declared to be in propor- tion to the special benefits conferred and not in excess of twenty -five percent of the value of same. The City Clerk be and is hereby directed to certify the Final Schedule of Assessments to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the Final Schedule of Assessments. On or before the date of the second publication of the no- tice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the office of the City Treasurer, City Hall, 50 W. 13th Street, Dubu- que, Iowa, at any time within 30 days after the date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid assessments of $100.00 or more are payable in 15 annual installments at the County Treasurer's Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual interest at nine percent (9 %) computed to De- cember 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. However, when the last day of September is a Saturday or Sunday, that amount shall be delinquent from the second business day of October. De- linquent installments will draw the same delin- quent interest as ordinary taxes. Property owners may elect to pay any annual install- ments semi - annually in advance. Passed, approved and adopted this 3rd day of December, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 386 Regular Session, December 3, 2012 Book 142 Schedule of Assessments Green Alley Permeable Pavers Project (17" — 18th, Between Jackson & Washington Streets) Property Owner Name, Lot Description, Parcel Number, Mailing Address, Street Address, Net Assessed Valuation, Valuation With Improve- ment, Net Paving Improvement Cost, Net Pav- ing Improvement Deficiency, Total Public Im- provement Cost, Water Service Private Lateral Cost, Total Net Assessment Vorwald, Jean M., S 31102" Lot 36 East Dubuque Add, 10 -24- 263 -009, 1710 Jackson St., 1710 Jackson St., $85,000.00, $85,631.10, $631.10, $0.00, $631.10, $631.10 Vorwald, Jean M., Legal 1720 -1722, 10- 24- 263 -008, 1710 Jackson St., 1720 Jackson St., $47,340.00, $48,262.37, $922.37, $0.00, $922.37, $0.00, $922.37 Hagensten, Joseph G., N1/2 Lot 35 East Dubuque Add, 10 -24- 263 -007, 1732 Jackson St., 1732 Jackson St., $35,500.00, $36,017.82, $517.82, $0.00, $517.82, $0.00, $517.82 Mihalakis, Elizabeth A. & Michael M., S1/2 Lot 34 East Dubuque Add, 10 -24- 263 -006, 1756 Jackson St., 1756 Jackson St., $60,300.00, $60,817.82, $517.82, $0.00, $517.82, $0.00, $517.82 Mihalakis, Elizabeth A. & Michael M., N1/2 Lot 34 East Dubuque Add, 10 -24- 263 -005, 1760 Jackson St., 1760 Jackson St., $47,600.00, $48,117.82, $517.82, $0.00, $517.82, $0.00, $517.82 Pluym, Ronald D., S1/2 Lot 33 East Dubu- que Add, 10 -24- 263 -004, 1616 Lincoln Ave., 1768 Jackson St., $45,500.00, $46,017.82, $517.82, $0.00, $517.82, $0.00, $517.82 Wiemerslage, Annette, N1/2 Lot 33 East Dubuque Add, 10 -24- 263 -003, 1776 Jackson St., 1776 Jackson St., $48,100.00, $48,617.82, $517.82, $0.00, $517.82, $0.00, $517.82 Nicolalde, Daisy Y., S1/2 Lot 32 East Dubuque Add, 10-24-263-002, 2525 Date St. #602, 1786 Jackson St., $19,460.00, $20,816.50, $517.82, $0.00, $517.82, $838.68, $1,356.50 Crippes, Mary M., N1/2 Of Lot 32 East Dubuque Add, 10 -24- 263 -001, 1796 Jackson St., 1796 Jackson St., $38,100.00, $39,456.50, $517.82, $0.00, $517.82, $838.68, $1,356.50 Knockel, Frank & Rachel, Lot 87 East Dubuque Add, 10 -24- 263 -023, 1715 Washing- ton St., 1715 Washington St., $58,000.00, $59,035.65, $1,035.65, $0.00, $1,035.65, $0.00, $1,035.65 Trausch, Forrest R., Lot 1 -1 -88 East Dubuque Add, 10 -24- 263 -022, P.O. Box 4, 1725 Washington St., $33,500.00, $34,691.47, $352.79, $0.00, $352.79, $838.68, $1,191.47 Trausch, Forrest R., Lot - 2 -1 -88 East Dubuque Add, 10 -24- 263 -021, P.O. Box 4, 1731 Washington St., $32,500.00, $32,815.95, $315.95, $0.00, $315.95, $0.00, $315.95 Trausch, Forrest R., Lot 2 -88 East Dubu- que Add, 10 -24- 263 -020, P.O. Box 4, 1737 Washington St., $32,000.00, $33,202.78, $364.10, $0.00, $364.10, $838.68, $1,202.78 Wagner, Sharon M., East Dubuque Add S. 23' 7" - S. 1/2 Lot 89, 10 -24- 263 -019, 1741 Washington St., 1741 Washington St., $38,200.00, $38,676.96, $476.96, $0.00, $476.96, $0.00, $476.96 City Of Dubuque, N 2' S1/2 Of 89 & N1/2 Of Lot 89 East Dubuque Add, 10 -24- 263 -018, 50 W. 13th Street, 1753 Washington St., $42,300.00, $42,858.28, $558.28, $0.00, $558.28, $0.00, $558.28 Clark, Keith Karlton, W1/2 Of Lot 90 & W1/2 Of Lot 91 East Dubuque Add, 10 -24- 263 -010, 206 East 18th, 260 East 18th St., $76,400.00, $78,471.30, $2,071.30, $0.00, $2,071.30, $0.00, $2,071.30 Beverly Avenue Storm Sewer Project Ac- ceptance: City Manager recommending ac- ceptance of the public improvement for the Beverly Avenue Storm Sewer Construction Project and authorization for final payment to the contractor, Drew Cook and Sons Excavat- ing Co., Inc. Upon motion the documents were received and filed and Resolution No. 330 -12 Accepting Beverly Avenue Storm Sewer Con- struction Project and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 330 -12 ACCEPTING BEVERLY AVENUE STORM SEWER CONSTRUCTION PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRAC- TOR Whereas, the Public Improvement Contract for the Beverly Avenue Storm Sewer Construc- tion 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 Bev- erly Avenue Storm Sewer Construction Project Book 142 Regular Session, December 3, 2012 387 appropriations for the contract amount of $19,090.08 less any retained percentage pro- vided 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 3rd day of December 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE BEVERLY AVENUE STORM SEWER CONSTRUCTION PRO- JECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the, that the Beverly Avenue Storm Sewer Construction Project has been per- formed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $20,409.08. Dated this 29th day of November, 2012. /s /Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 29th day of November, 2012. /s/Kevin S. Firnstahl, CMC, City Clerk Brick Manhole Bid Package #3 Project Ac- ceptance: City Manager recommending ac- ceptance of the public improvements for the 2012 Brick Manhole Replacement Project, Bid Package 3, and authorization for final payment to the contractor, McDermott Excavating. Upon motion the documents were received and filed and Resolution No. 331 -12 Accepting the 2012 Brick Manhole Replacement Project bid Pack- age 3 and authorizing the payment of the con- tract amount to the contractor was adopted. RESOLUTION NO. 331 -12 ACCEPTING THE 2012 BRICK MANHOLE REPLACEMENT PROJECT BID PACKAGE 3 AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRAC- TOR Whereas, the Public Improvement Contract for the 2012 Brick Manhole Replacement Pro- ject Bid Package 3 (the Project) has been completed and the City Engineer has exam- ined 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 2012 Brick Manhole Replacement Project Bid Pack- age 3 appropriations for the contract amount of $78,749.20 less any retained percentage pro- vided 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 3rd day of December 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE 2012 BRICK MAN- HOLE REPLACEMENT PROJECT BID PACKAGE 3 The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 2012 Brick Manhole Replace- ment Project Bid Package 3, and that said Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $81,899.20. Dated this 29th day of November, 2012. /s /Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 29th day of November, 2012. /s /Kevin S. Firnstahl, CMC, City Clerk Eagle Point Park Washout Project Ac- ceptance: City Manager recommending ac- ceptance of the construction contract for the Eagle Point Park Washout Repair Project, as completed by Connolly Construction, Inc. Up- on motion the documents were received and filed and Resolution No. 332 -12 Accepting the Eagle Point Park Washout Repair Project and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 332 -12 ACCEPTING THE EAGLE POINT PARK WASHOUT REPAIR PROJECT AND AU- THORIZING THE PAYMENT OF THE CON- TRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Eagle Point Park Washout Repair Pro- ject (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 Engi- neer recommends that the Project be accept- ed; 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 FE- 388 Regular Session, December 3, 2012 Book 142 MA 2012 Funding allocation and the Eagle Point Park Storm Sewer Repair capital im- provement appropriation for the contract amount of $48,258.07 less any retained per- centage provided for therein as provided in Iowa Code chapter 573, and to pay such re- tainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 3rd day of December, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE EAGLE POINT PARK WASHOUT REPAIR PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Eagle Point Park Washout Re- pair Project, and that said Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $48,258.07. Dated this 29th day of November, 2012. /s /Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 29th day of November, 2012. /s/Kevin S. Firnstahl, CMC City Clerk North End Trail Lighting Project Ac- ceptance: City Manager recommending ac- ceptance of the North End Trail Lighting Pro- ject, as completed by A & G Electric. Upon motion the documents were received and filed and Resolution No. 333 -12 Accepting the North End Trail Lighting Project and authoriz- ing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 333 -12 ACCEPTING THE NORTH END TRAIL LIGHTING PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the North End Trail Lighting Project (the Project) has been completed and the City En- gineer has examined the work and filed a cer- tificate stating that the Project has been com- pleted according to the terms of the Public Improvement Contract and that the City Engi- neer recommends that the Project be accept- ed; 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 North End Trail Lighting Project appropriation for the contract amount of $63,203 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 3rd day of December, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Consent Decree Sewershed 12 Corrective Action Plan: City Manager recommending ap- proval of the Corrective Action Plan for Sew - ershed 12, and submittal to the US Depart- ment of Justice, US EPA and the Iowa De- partment of Natural Resources. Upon motion the documents were received, filed and ap- proved. Veterans' Memorial Ball Field Lease Ex- tension with Clarke University: City Manager recommending approval of the First Amend- ment to the Usage Agreement with Clarke University for Softball Field 2 in Veterans' Me- morial Park, which extends the agreement through December 31, 2016. Upon motion the documents were received and filed and Reso- lution No. 334 -12 Approving a First Amend- ment to the Usage Agreement with Clarke University for Veterans' Memorial Park, Field 2 was adopted. RESOLUTION NO. 334 -12 APPROVING A FIRST AMENDMENT TO THE USAGE AGREEMENT WITH CLARKE UNIVERSITY FOR VETERANS' MEMORIAL PARK, FIELD 2 Whereas, the City of Dubuque, Iowa (City) is the owner of Veterans' Memorial Park, Field 2, all in the City of Dubuque, Dubuque County, Iowa; and Whereas, Clarke University desires to ex- tend the terms of the Usage Agreement to use the property exclusively for college softball games and practices and the City agrees to this term extension; and Whereas, the City Council finds that it is in the best interest of the City to approve the First Amendment of the Usage Agreement. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa approves the First Amendment of the Usage Agreement with Clarke University for Veterans' Memorial Park, Field 2. Section 2. The Mayor is hereby authorized and directed to sign this resolution and the Usage Agreement. Passed, approved and adopted this 3rd day of December, 2012. Roy D. Buol, Mayor Book 142 Regular Session, December 3, 2012 389 Attest: Kevin S. Firnstahl, City Clerk AmeriCorps VISTA Project Application: City Manager recommending approval of an AmeriCorps VISTA Project Application e-filed with the Corporation of National and Commu- nity Service for four VISTA positions to assist with the third grade reading initiate. Upon mo- tion the documents were received, filed and approved. German Bank Building - Transfer of Loan: City Manager recommending approval of the Assignment of a Development Agreement and Downtown Rehabilitation Loan Agreement from German Bank Building, LLLP to James Madison, Inc. for the German Bank Building located at 342 Main Street. Upon motion the documents were received and filed and Reso- lution No. 335 -12 Authorizing the Assignment of the German Bank Building, LLLP (342 Main Street) Development Agreement and Down- town Rehabilitation Loan Agreement to James Madison, Inc., was adopted. RESOLUTION NO. 335 -12 AUTHORIZING THE ASSIGNMENT OF THE GERMAN BANK BUILDING, LLLP (342 MAIN STREET) DEVELOPMENT AGREE- MENT AND DOWNTOWN REHABILITATION LOAN AGREEMENT TO JAMES MADISON, INC. Whereas, the City of Dubuque, Iowa, has created a Downtown Rehabilitation Loan /Grant Program for the purpose of stimulating rein- vestment in the Greater Downtown Urban Re- newal District; and Whereas, the City of Dubuque, Iowa is en- couraging the use of this loan /grant program to finance code compliance activities and to spur job creation activities; and Whereas, the Development Agreement with German Bank Building, LLLP approved by resolution 298 -07 committed to a $300,000 Downtown Rehabilitation Loan for the renova- tion of the German Bank Building located at 342 Main Street; and Whereas, German Bank Building, LLLP desires to transfer the building to James Madison, Inc. with the intent of reopening a restaurant on the first floor of the building; and Whereas, German Bank Building, LLLP further desires to assign the Development Agreement and Downtown Rehabilitation Loan Agreement to James Madison, Inc.; and Whereas, the City Council finds that it is the best interests of the City of Dubuque to approve the assignment, subject to the condi- tions set forth herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council approves the assignment of the German Bank Building, LLLP Development Agreement and Downtown Rehabilitation Loan Agreement to James Mad- ison, Inc., subject to approval of the terms and conditions of the assignment by the City Man- ager, including the assumption by James Mad- ison, Inc. of all obligations and responsibilities of German Bank Building, LLLP under the De- velopment Agreement and Downtown Rehabil- itation Loan Agreement. Section 2. That the City Manager is hereby authorized to execute, on behalf of the City of Dubuque, Iowa, all necessary documents to complete such assignment. Passed, approved and adopted this 3rd day of December, 2012. Roy D. Buol Mayor, Attest: Kevin Firnstahl, City Clerk Traffic Engineer Position: City Manager recommending approval to eliminate the va- cant Traffic Engineering Assistant position and create a Traffic Engineer position in the Engi- neering Department. Upon motion the docu- ments were received, filed and approved. Part-Time Confidential Account Clerk Posi- tion: City Manager recommending approval to hire a Part-Time Confidential Account Clerk in the Engineering Department to provide admin- istrative support for the Bee Branch Creek Restoration Project. Upon motion the docu- ments were received, filed and approved. GRO1000 Gardens & Green Spaces Grant Awards Program: City Manager recommend- ing approval of a Gro1000 Garden and Green Space $25,000 grant application submitted to the US Conference of Mayors in partnership with the Dubuque Rescue Mission. Upon mo- tion the documents were received, filed and approved. McGraw -Hill Companies - Assignment of Development Agreement: City Manager rec- ommending approval of an Assignment of the Development Agreement from the McGraw -Hill Companies, Inc. to McGraw -Hill Education, LLC. Upon motion the documents were re- ceived and filed and Resolution No. 336 -12 Consenting to the Assignment of the Devel- opment Agreement between the City of Dubu- que, Iowa, and McGraw -Hill Companies to McGraw -Hill Education, LLC was adopted. 390 Regular Session, December 3, 2012 Book 142 RESOLUTION NO. 336 -12 CONSENTING TO THE ASSIGNMENT OF THE DEVELOPMENT AGREEMENT BE- TWEEN THE CITY OF DUBUQUE, IOWA AND MCGRAW -HILL COMPANIES, INC. TO MCGRAW -HILL EDUCATION, LLC Whereas, the City of Dubuque entered into a Development Agreement with McGraw Hill Companies, Inc. dated June 19, 2006; and Whereas, the Development Agreement re- quired, among other things, that McGraw Hill Companies, Inc. construct and operate a facili- ty in the city of Dubuque on Part of Lot 1 of Riverwalk Sixth Addition in the City of Dubu- que, Iowa, according to the recorded plat thereof; and Whereas, McGraw -Hill Companies, Inc. has constructed the facility and operates the facility in the city of Dubuque; and Whereas, McGraw -Hill Companies, Inc. now desires to assign its rights and responsi- bilities under the Development Agreement to a wholly -owned subsidiary, McGraw -Hill Educa- tion, LLC, to which it intends to transfer its facility and operations in the city of Dubuque; and Whereas, Section 13.6 of the Development Agreement requires the consent of the City to any such assignment; and Whereas, the City Council of the City of Dubuque finds that the City of Dubuque should consent to the assignment, a copy of which Assignment Agreement is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque hereby consents to the Assignment Agreement, a copy of which is attached hereto. Passed, approved and adopted this 3rd day of December, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Code of Ordinances - Adoption of Supple- ment No. 11: City Clerk recommending adop- tion of Supplement No. 11 to the City of Dubu- que Code of Ordinances, which adopts Ordi- nance Nos. 45 -12 through 56 -12 as adopted by the City Council through September 17, 2012. Upon motion the documents were re- ceived and filed and Resolution No. 337 -12 Adopting Supplement No. 11 to the Code of Ordinances of the City of Dubuque, Iowa, was adopted. RESOLUTION NO.337 -12 ADOPTING SUPPLEMENT NO. 11 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance No. 43 -09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entirety; and Whereas, since August 17, 2009 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances; and Whereas, Section 380.8 of the Code of lo- wa provides that supplements, by resolution, become part of the Code of Ordinances. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 11 of the Code of Ordinances of the City of Dubuque, Iowa, covering Ordinances 45 -12 through 56- 12 passed by Council and enacted through September 17, 2012, prepared by the Sterling Codifiers, Inc., and filed in the Office of the City Clerk of the City of Dubuque, Iowa is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. Passed, approved and adopted this 3rd day of December, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC City Clerk Hostess Brands WARN Notification: Corre- spondence from Hostess Brands, Inc., re- ceived November 20, 2012 advising the City of the company's bankruptcy proceedings, em- ployee separations, and liquidation pursuant to the Worker Adjustment and Retraining Notifi- cation Act. Upon motion the documents were received and filed. State Urban Renewal (TIF) Report for Fis- cal Year 2012: City Manager recommending approval of the Fiscal Year 2012 State Urban Renewal Annual Report. Upon motion the documents were received and filed and Reso- lution No. 338 -12 Approving the Fiscal Year 2012 Urban Renewal Report for the City of Dubuque was adopted. RESOLUTION NO. 338 -12 APPROVING THE FISCAL YEAR 2012 UR- BAN RENEWAL REPORT FOR THE CITY OF DUBUQUE. Whereas, the Iowa Legislature approved HF 2460 in the 2012 Legislative Session, amending the current law pertaining to urban renewal districts; and Whereas, HF 2460, otherwise known as the Urban Renewal Reporting Act of 2012, aims to increase transparency in the utilization of tax increment financing; and Whereas, HF 2460 requires an annual ur- ban renewal report be approved by the majori- ty of a local governing body that had an active Book 142 Regular Session, December 3, 2012 391 urban renewal plan anytime during the most recently ended fiscal year; and Whereas, City staff have fulfilled the re- quirements outlined in the Act through a web - based reporting tool hosted by the Iowa De- partment of Management. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Fiscal Year 2012 Urban Renewal Report for the City of Dubuque, be approved. Section 2. That the Budget Director of the City of Dubuque, Iowa is hereby authorized and directed to submit the Report, with a rec- ord of this approval, to the Iowa Department of Management. Passed, approved and adopted this 3rd day of December, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2013 State Legislative Priorities: City Man- ager submitting the State of Iowa Legislative Priorities for 2013 for adoption by the City Council and presentation to legislators at the annual Legislative Dinner on December 12, 2012 at the Grand River Center. Upon motion the documents and additional handouts were received, filed and approved. 911 Center / Emergency Operations Cen- ter - Needs Assessment Recommendation: City Manager recommending approval of the selection of Wold Architects as the vendor to provide the Needs Assessments for the Emer- gency Communications/Emergency Opera- tions Centers. Upon motion the documents were received, filed and approved. Signed Contracts: Nancy J. Richardson for General Consulting Services for surface trans- portation development; Professional Services Agreement with WHKS & Co., for design of the utilities extension to the Dubuque Regional Airport. Upon motion the documents were re- ceived and filed. Business License Refund: Request by Sa- rah Gates for a refund of the liquor license for The District Bar in the amount of $211.25. Up- on motion the documents were received, filed and approved. Alcohol License Applications: City Manager recommending approval of annual liquor, beer, and wine licenses as submitted. Upon motion the documents were received and filed and Resolution No. 339 -12 Approving applications for beer, liquor, and /or wine permits, as re- quired 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 was adopted. RESOLUTION NO. 339 -12 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND /OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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 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 bonds and otherwise complied with the re- quirements 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 author- ized and directed to cause to be issued the following named applicants and permit types. RENEWALS Holiday Inn Dubuque Five Flags, 450 Main St., Class B Liquor (Sunday) (Hotel /Motel) Hy -Vee #2, 2395 NW Arterial, Class E Liq- uor, Class B Wine, Class C Beer (Carryout Beer & Wine) (Sunday) Hy -Vee C -Store #1, 3270 Dodge St., Class C Beer, Class B Wine (Carryout Wine) (Sun- day) Plaza 20 BP /Amoco, 2600 Dodge St., Class C Beer, Class B Native Wine (Sunday) Sam's Club #4973, 4400 Asbury Rd., Class E Liquor, Class B Wine, Class C Beer (Carryout Beer & Wine) (Sunday) The Moracco, 1413 Rockdale Rd, Class C Liquor (Sunday) Cookin' Something Up, 1640 J.F.K. Rd., Special Class C Liquor, Class B Wine (BeerNVine) (Carryout Wine) (Sunday) Pepper Sprout, Inc., 378 Main St., Class C Liquor Double Shot, 2093 Washington, Class C Liquor (Sunday) Passed, approved and adopted this 3rd day of December, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk BOARDS /COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards /Commissions. Community Development Advisory Com- mission: One 3 -Year term through February 392 Regular Session, December 3, 2012 Book 142 15, 2014 (Vacant term of Smith). Applicant: Janice Craddieth, 1455 Washington; Housing Code Board of Appeals: One 3- Year term through January 11, 2015 (Expiring term of Schaub). Applicant: Robert Schaub, 1745 Embassy West #2; Human Rights Commission: One 3 -Year term through January 1, 2015 (Expiring term of Helgager). Applicant: Andrea Helgager, 40 Main St. #300. PUBLIC HEARINGS Upon motion the rules were suspended al- lowing anyone present to address the City Council. Code of Ordinances - Residential Parking Permit District Amendment: Proof of publica- tion on notice of public hearing to consider a Residential Parking Permit District Amendment on Marjorie Circle from Pennsylvania Avenue to Amy Court, Amy Court from Marjorie Circle to northern terminus, and Lucy Drive from Pennsylvania Avenue to Welu Drive and the City Manager recommending approval. Motion by Connors to receive and file the documents and that the requirement that a proposed ordi- nance be considered and voted on for pas- sage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Resnick. Karen Leubka, 1660 Marjorie Circle, spoke in support of the ordinance citing concerns over limited access for EMS, mail and refuse, and safety issues with traffic speed and congestion. Cynthia Sanders, 1482 Lucy Drive, was informed by the City Manager that the current residential parking permits would be honored. Motion carried 7 -0. Motion by Connors for final consideration and passage of Ordinance No. 62 -12. Amend- ing City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Park- ing, Division 7 Residential Parking Permit Pro- gram, Section 9 -14- 321.736 Residential Park- ing Permit District D by Adding Marjorie Circle Between Pennsylvania Avenue and Amy Court and adjusting the days of the parking re- strictions to cover school days only. Seconded by Resnick. Motion carried 7 -0. OFFICIAL PUBLICATION ORDINANCE NO. 62 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHICLES AND TRAFFIC, CHAPTER 14 PARKING, DIVISION 7 RESIDENTIAL PARKING PER- MIT PROGRAM, SECTION 9 -14- 321.736 RESIDENTIAL PARKING PERMIT DISTRICT D BY ADDING MARJORIE CIRCLE BE- TWEEN PENNSYLVANIA AVENUE AND AMY COURT AND ADJUSTING THE DAYS OF THE PARKING RESTRICTIONS TO COVER SCHOOL DAYS ONLY NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 9 -14- 321.736 of the City of Dubuque Code of Ordinances is amended to read as follows: 9 -14- 321.736: RESIDENTIAL PARKING PERMIT DISTRICT D: A. The following described area constitutes a residential parking permit district designated as residential parking permit district D: Amy Court, from Marjorie Circle to the northerly end. Lucy Drive, from Pennsylvania Avenue to Welu Drive. Marjorie Circle, between Pennsylvania Avenue and Amy Court. B. No vehicles shall park curbside in resi- dential parking permit district D during the hours of seven o'clock (7:00) A.M. and three o'clock (3:00) P.M. on school days, without displaying a valid parking permit issued by the city. Section 2. This Ordinance takes effect up- on publication. Passed, approved, and adopted the 3rd day of December, 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 7th day of December, 2012. /s /Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated lim- iting discussion to the City Council. ACTION ITEMS Safe Community Advisory Committee: Chairperson Doug Stillings presented a report on the implementation status of Safe Commu- nity Task Force recommendations, request from Safe Community Advisory Committee to continue, and a request from the City Manager to schedule a work session for February 18, 2013 at 5:15 p.m. Motion by Lynch to receive and file the documents and set the work ses- sion as recommended. Mr. Stillings provided a report on the accomplishments and progress of the Committee and recommended continua- tion of the Safe Community Advisory Commit- tee. Motion carried 7 -0. Community Development Advisory Com- mission Purchase of Service Grant Applica- tions: City Manager and the Community De- velopment Advisory Commission submitting recommendations for the Fiscal Year 2014 Purchase of Service Grant funding to be made Book 142 Regular Session, December 3, 2012 393 through the Fiscal Year 2014 Budget process. Motion by Connors to receive and file the doc- uments and refer to the City Manager for the December 17, 2012 meeting. Seconded by Jones. City Council discussion included allow- ing time for the City Manager to review the impact of budgeting for Purchase of Service Agencies that have a 28E Agreement with the City versus non - essential agencies and organ- izations. Community Development Specialist Aggie Tauke provided information on the Commission's review process and funding recommendations. Motion carried 7 -0. Fifth and Bluff Streets Restroom Project Design Recommendation: City Manager rec- ommending approval to hire Ament Design to prepare a design solution for the 5th and Bluff Public Restroom Project. Motion by Connors to receive and file the documents and table to the December 17, 2012 meeting. Seconded by Jones. Resnick requested more information for comparing the firms involved. Motion carried 7- 0. ARC Transfer Center Phase I Project Award: City Manager recommending award of the contract for the ARC Transfer Center Phase I Project to the low bidder, Murphy Construction. Motion by Jones to receive and file the documents and adopt Resolution No. 340 -12 Awarding public improvement contract for the ARC Transfer Center Phase I Project. Seconded by Connors. Responding to ques- tions from City Council, Economic Develop- ment Director Dave Heiar stated that the City has a lease with ARC for the property so land- scaping is not included in the project. RESOLUTION NO. 340 -12 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE ARC TRANSFER CENTER PHASE I PROJECT Whereas, sealed proposals have been submitted by contractors for the ARC Transfer Center Phase I Project (the Project) pursuant to Resolution No. And Notice to Bidders published in a newspa- per published in the City of Dubuque, Iowa on the 16th day of October, 2012, and Whereas, said sealed proposals were opened and read on the 20th day of November, 2012 and it has been determined that Murphy Construction Group, LLC of Dubuque, Iowa with a bid proposal in the amount of $235,601.00, 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 Mur- phy Construction Group, LLC 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 Murphy Con- struction Group, LLC and the City Manager is hereby directed to execute a Public Improve- ment Contract on behalf of the City of Dubu- que for the Project. Passed, approved and adopted this 3rd day of December, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk Brunskill Road Bridge Reconstruction Pro- ject Award: City Manager recommending ap- proval of the award of the contract to the low bidder, Taylor Construction, Inc., subject to the concurrence and approval of the Iowa De- partment of Transportation. Motion by Lynch to receive and file the documents and adopt Resolution No. 341 -12 Awarding public im- provement contract for the Brunskill Road Bridge Reconstruction Project Iowa DOT Pro- ject No. BROS -2100 (659)-- 8J -31. Seconded by Jones. Motion carried 7 -0. RESOLUTION NO. 341 -12 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE BRUNSKILL ROAD BRIDGE RECONSTRUCTION PROJECT IOWA DOT PROJECT NO. BROS -2100 (659)- -8J -31 Whereas, the Iowa Department of Trans- portation received competitive bid proposals for the Brunskill Road Bridge Reconstruction Project (Project) pursuant to Resolution No.298 -12 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 9th day of November, 2012, and Whereas, said competitive bid proposals were opened and read by the Iowa Depart- ment of Transportation on the 20th day of No- vember, 2012 and it has been determined that Taylor Construction, Inc. of New Vienna, Iowa, with a bid proposal in the amount of $791,970.65, is the lowest responsive, re- sponsible 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 Taylor Construction, Inc. for said Project, subject to the concurrence and approval of the Iowa De- partment of Transportation. 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 Taylor Construc- tion, Inc. and the City Manager is hereby di- rected to execute a Public Improvement Con- tract on behalf of the City of Dubuque for the 394 Special Session, December 17, 2012 Book 142 Project, subject to the concurrence and ap- proval of the Iowa Department of Transporta- tion. Passed, approved and adopted this 3rd day of December, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk Dubuque County Smart Plan - Request for Work Session: City Manager recommending that the City Council schedule a work session for January 7, 2013, on the Dubuque County Regional Smart Plan. Motion by Braig to re- ceive and file the documents and set the work session as recommended. Seconded by Jones. Motion carried 7 -0. COUNCIL MEMBER REPORTS Mayor Buol and Council Members Connors and Sutton reported on the National League of Cities Congress of Cities that they recently attended in Boston. There being no further business, upon mo- tion the City Council adjourned at 7:21 p.m. /s /Kevin S. Firnstahl, CMC City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:00 p.m. on December 17, 2012 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Pro Tem Lynch; Council Members Braig, Connors, Jones, Resnick, Sutton; City Manager Van Milligen. (City Attor- ney Lindahl and Mayor Buol joined the meet- ing at 5:04 p.m. and 5:17 p.m. respectively.) Mayor Pro Tem Lynch read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on the Sustainable Dubuque Project Status Report. WORK SESSION Sustainable Dubuque Project Status Report. Sustainability Coordinator Cori Burbach and Smarter Sustainable Dubuque Project Manager David Lyons provided a slide presen- tation on the history and progress of the Sus- tainable Dubuque Project. Highlights included: From the Project's Beginning • citizen /community engagement • strategic goals /objectives: struc- ture, planning, education and en- gagement • performance measures • collaboration, partnerships, and membership • mini grants program • 2013 indicators report • marketing and outreach • engage, retain, and expand busi- ness community • workforce development Smarter Sustainable Dubuque • Smarter water, electricity, discard management, transportation, health & wellness • city in motion • energy conservation solution • energy portal • community engagement platform • use of data protocol There being no further business, upon mo- tion the City Council adjourned at 6:21 p.m. /s /Kevin S. Firnstahl, CMC, City Clerk Book 142 Regular Session, December 17, 2012 395 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on December 17, 2012 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut- ton; City Manager Van Milligen, City Attorney Barry Lindahl Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE MOMENT OF SILENCE May the spirit of wisdom keep our hearts and minds open as we endeavor to serve the common good. PRESENTATION(S) Carnegie -Stout Public Library LEED Certi- fication: Bruce Hamous, OPN Architects, Ce- dar Rapids, Iowa, and Chairman of the East- ern Iowa Branch of the Iowa US Green Build- ing Council, presented the LEED Silver Certifi- cation in the Existing Building Category to the Carnegie -Stout Public Library and the City Council. Iowa American Planning Association (APA) Award for Historic Millwork District Complete Streets Project: Planning Services Manager Laura Carstens presented the Iowa Chapter of the American Planning Association's Imple- mentation Award for the Historic Millwork Dis- trict Complete Streets Project to the City Council. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Braig. Motion carried 7 -0 Minutes and Reports Submitted: Cable TV Commission of 11/7, Catfish Creek Watershed Management Association of 10/24, City Coun- cil Proceedings of 12/3, Civil Service Commis- sion of 12/10, Community Development Advi- sory Commission of 11/28, Human Rights Commission of 9/10 and 11/19, Zoning Adviso- ry Commission of 12/5, Zoning Board of Ad- justment of 11/15, Proof of Publication for City Council Proceedings of 11/19. Upon motion the documents were received and filed. Notice of Claims and Suits: Joseph Healey for property damage, William Jester for vehicle damage, Roger Richard for loss of property, Brant Schueller for vehicle damage, Mark Ste- venson for vehicle damage. Upon motion the documents were received, filed and refer to the City Attorney. Disposition of Claims: William Jester for vehicle damage, Joseph Healey for property damage, Brant Schueller for vehicle damage, Mark Stevenson for vehicle damage. Upon motion the documents were received, filed and concurred. DARE Agreement for 2012 -2013: City Manager recommending approval of the Fiscal Year 2012 -2013 DARE Agreement between the City of Dubuque Police Department and the Dubuque Community School District. Upon motion the documents were received, filed and approved. Washington Street Parking Lot Project Award: City Manager recommending that the award for the Washington Street Parking Lot Project be officially recorded in the minutes of the City Council. Upon motion the documents were received, filed and made a Matter of Record. Final Plat - Brunskill Street Place No. 1: Zoning Advisory Commission recommending approval of the Final Plat of Brunskill Street Place No. 1 (3000 Block of Brunskill Road) subject to waiving lot frontage for Lots 2 through 6 inclusive and Lot A as requested by McDermott Brothers Construction. Upon mo- tion the documents were received and filed and Resolution No. 342 -12 Approving the Final Plat of Brunskill Street Place No. 1 in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 342 -12 APPROVING THE FINAL PLAT OF BRUNSKILL STREET PLACE NO.1 IN THE CITY OF DUBUQUE, IOWA Whereas, McDermott Brothers Construc- tion, as owners, have filed with the City Clerk the Final Plat of Brunskill Street Place No. 1 in the City of Dubuque, Iowa; and Whereas, upon said final plat appear right - of -way for Brunskill Road (Lot B), together with certain public utility, sanitary sewer and water main easements, and storm water detention facilities (Lot A) which McDermott Brothers 396 Regular Session, December 17, 2012 Book 142 Construction by said final plat has dedicated to the public forever; and Whereas, said plat provides 0 feet of front- age for Lots 2 thru 6 , inclusive, and Lot A, where 50 feet is required by Section 16-11 - 14(B) of the Unified Development Code; and Whereas, the final plat has been examined by the Zoning Advisory Commission and its approval has been endorsed thereon; and Whereas, said final plat has been reviewed by the City Planner and her approval has been endorsed thereon, subject to the owner's agreeing to the conditions specified herein; and Whereas, said final plat has been exam- ined by the City Council and the City Council find the final plat conforms to the applicable statutes and ordinances, except that the streets and public utilities have not yet been completely constructed or installed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Brunskill Road right -of -way (Lot B), detention facilities (Lot A) and the easements for sanitary sewer, as they appear on said final plat, be and the same are hereby accepted; and Section 2. That Section 16 -14 11(B) of the Unified Development Code, is waived to allow Lots 2 through 6, inclusive, and Lot A to have 0 feet of frontage, where 50 feet of frontage is required; and Section 3. That the final plat of Brunskill Street Place No. 1 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said final plat, provided McDermott Brothers Construction execute their written acceptance of the at- tached conditions and further agree: (a) To install sanitary sewer main and sewer service laterals into each indi- vidual lot, private water main and wa- ter service laterals into each individu- al lot, and erosion control devices all in accordance with the city of Dubu- que standard specifications in a man- ner acceptable to the City Engineer and in accordance with construction improvement plans approved by the City Engineer, and inspected and ap- proved by the City Engineer. (b) To construct a storm water deten- tion facility (Lot A) in a manner ac- ceptable to the City Engineer, in ac- cordance with the City of Dubuque standard specifications approved by the City Engineer, and inspected by the City Engineer. (c) To construct the improvements outlined in (a) and (b) above within two years from the date of ac- ceptance of this resolution, at the sole expense of McDermott Brothers Con- struction, or future owner. (d) To maintain the improvements outlined in (a) and (b) above for a pe- riod of two (2) years from the date of the acceptance of those improve- ments by the City Council of the City of Dubuque, Iowa, at the sole ex- pense of the owners, or future owner. (e) To provide security for the perfor- mance of the foregoing conditions specified in this Section in such form and with such sureties as may be ac- ceptable to the City Manager of the City of Dubuque, Iowa. Section 4. The owner must continue to maintain Lot A and storm water detention fa- cility until (1) the facility has been fully com- pleted, (2) 80% of the platted lots have been fully developed, and (3) adequate erosion con- trol measures, as approved by the City have been installed on the remaining 20% of the lots. Acceptance of the facility must be by the City Council as required by the Subdivision Ordinance. Upon the City's acceptance of the detention facility, the inspection administrative and maintenance expenses incurred by the City of Dubuque for the storm water detention facility (Lot A) shall be assessed against the lot owners of all additions in Brunskill Street Place No. 1, except the City, as indicated in the pre- liminary plat, in proportion to the acreage of each lot. The City Manager shall certify such costs to the City Clerk, who in turn shall promptly certify such costs to the Dubuque County Treasurer, and such costs shall then be collected with and in the same manner as general property taxes in accordance with pro- visions of law. Section 5. That the final acceptance of the public improvements shall only occur upon certification of the City Engineer to the City Council that the public improvements have been completed in accordance with the ap- proved improvement plans and City standards and specifications and accepted by City Coun- cil resolution. Section 6. That in the event McDermott Brothers Construction fails to execute the ac- ceptance and furnish the guarantees provided hereof within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedica- tions and approval of the plat shall not be ef- fective. Passed, approved and adopted this 17th day of December 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Book 142 Regular Session, December 17, 2012 397 Final Plat - Timber -Hyrst Estates # 3: Zon- ing Advisory Commission recommending ap- proval of the Final Plat of Timber -Hyrst Estates #3 (2000 Block of Creek Wood Drive) subject to waiving the maximum cul -de -sac length as requested by North Cascade Road Develop- ers, LLC. Upon motion the documents were received and filed and Resolution No. 343 -12 Approving the Final Plat of Timber -Hyrst Es- tates No. 3 in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 343 -12 APPROVING THE FINAL PLAT OF TIMBER - HYRST ESTATES NO. 3 IN THE CITY OF DUBUQUE, IOWA Whereas, North Cascade Road Develop- ers, LLC, as owners, have filed with the City Clerk the Final Plat of Timber -Hyrst Estates No. 3 in the City of Dubuque, Iowa; and Whereas, upon said final plat appears streets to be known as Creek Wood Drive (Lot A) and Deer Creek Ridge (Lot B), together with certain public utility, storm sewer, sanitary sewer and water main and easements, which North Cascade Road Developers, LLC by said final plat have dedicated to the public forever; and Whereas, said Final Plat has been exam- ined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Final Plat has been exam- ined by the City Council and they find that it conforms to the statutes and ordinances relat- ing to it, except that no streets or public utilities have yet been constructed or installed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Creek Wood Drive (Lot A) and Deer Creek Ridge (Lot B), together with the easements for public utili- ties, sanitary sewer, storm sewer, and water main, as they appear upon said final plat, be and the same are hereby accepted. Section 2. That the Final Plat of Timber - Hyrst Estates No. 3 is hereby approved and the Mayor and City Clerk are hereby author- ized and directed to endorse the approval of the City of Dubuque, Iowa upon said Final Plat, provided the North Cascade Road Devel- opers, LLC execute their written acceptance hereto attached agreeing: (a) To reduce Creek Wood Drive (Lot A) and Deer Creek Ridge (Lot B) to grade and construct asphaltic con- crete pavement with concrete curb and gutter, or PCC concrete paving with integral curb, all in accordance with the City of Dubuque standard specifications, all in a manner ac- ceptable to the City Engineer, in con- formance with construction improve- ment plans approved by the City En- gineer, and inspected by the City En- gineer. (b) To install sanitary sewer main and sewer service laterals into each indi- vidual lot, water main and water ser- vice laterals into each individual lot, storm sewers and catch basins, street lighting and erosion control devices all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, and in accordance with construction improvement plans ap- proved by the City Engineer, and in- spected by the City Engineer. (c) To construct the improvements outlined in (a) and (b) within two (2) years from the date of acceptance of this resolution, at the sole expense of North Cascade Road Developers, LLC, or future owner; (d) To maintain the improvements outlined in (a) and (b), for a period of two (2) years from the date of the ac- ceptance of those improvements by the City Council of the City of Dubu- que, Iowa, at the sole expense of North Cascade Road Developers, LLC, or future owner; (e) To provide security for the perfor- mance of the foregoing conditions specified in this Section in such form and with such sureties as may be ac- ceptable to the City Manager of the City of Dubuque, Iowa. Section 3. Sidewalk installation shall be the responsibility of each lot owner abutting the public rights -of -way, including lots with multiple frontages, as required by City Code Chapter 10 -1 -2 (Sidewalk Installation and Repair). Section 4. That the final acceptance of all public improvements shall only occur upon certification of the City Engineer to the City Council that all public improvements have been completed in accordance with the ap- proved improvement plans and City standard specifications and accepted by City Council Resolution. Section 5. That in the event North Cascade Road Developers, LLC fails to execute the acceptance and furnish the guarantees pro- vided hereof within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedi- cation and approval of the plat shall not be effective. Passed, approved and adopted this 17th day of December 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 398 Regular Session, December 17, 2012 Book 142 ACCEPTANCE OF RESOLUTION NO. 343 -12 I, the undersigned, Marty McNamer, repre- senting North Cascade Road Developers, LLC, having read the terms and conditions of the Resolution No. 343 -12 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 9th day of January, 2013. Marty McNamer North Cascade Road Developers, LLC 2012 Sidewalk Assessment Program: City Manager recommending approval of the levy of special assessment for sidewalk repair at 728 Wilson Street. Upon motion the docu- ments were received and filed and Resolution No. 344 -12 Adopting the Final Assessment Schedule for the Public Right -of -Way Sidewalk Repair Assessment Project was adopted. RESOLUTION NO. 344 -12 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE PUBLIC RIGHT -OF- WAY SIDEWALK REPAIR ASSESSMENT PROJECT NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: After full consideration, the Final Schedule of Assessments as shown on the attached sheet(s), Page 1 to Page 2 inclusive; is hereby approved for the Public Right -of -Way Sidewalk Repair Assessment Project. There is hereby assessed and levied as a special tax against and upon each of the benefited properties, the respective sums indi- cated. The amounts shown in said Final Schedule of Assessments as deficiencies are found to be proper and levied conditionally against the respective properties benefited by the improvements as shown in the Final Schedule of Assessments, subject to the pro- visions of Iowa Code § 384.63. Said assess- ments against said lots are hereby declared to be in proportion to the special benefits con- ferred and not in excess of twenty -five percent of the value of same. The City Clerk be and is hereby di- rected to certify the Final Schedule of As- sessments to the County Treasurer of Dubu- que County, Iowa, and to publish notice of said certification once each week for two consecu- tive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the Final Schedule of Assess- ments. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assess- ment, as provided in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the office of the City Treasurer, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after the date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid assessments of $500.00 or more are payable in 10 annual installments at the County Treas- urer's Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual interest at nine percent (9 %) computed to December 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Io- wa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. However, when the last day of Sep- tember is a Saturday or Sunday, that amount shall be delinquent from the second business day of October. Delinquent installments will draw the same delinquent interest as ordinary taxes. Property owners may elect to pay any annual installments semi - annually in advance. Passed, approved and adopted this 17th day of December, 2012. Roy D. Buol, Mayor Attest: Kevin Firnstahl, CMC, City Clerk CITY OF DUBUQUE, IOWA 2012 SIDEWALK REPAIR ASSESSMENTS FINAL SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS - DATE: DE- CEMBER 17, 2012 The following schedule is hereby de- termined to show each lot proposed to be as- sessed for the improvement shown in the title together with the amount proposed to be as- sessed against each lot and the valuations shown opposite each lot are hereby fixed as the true valuations of such lots by the City Council of the City of Dubuque. Property Owner Name; Lot Description; Parcel Number; Mailing Address' City, State, Zip; Street Address' Valuation With Improvement; Sidewalk Assessment; Ad- ministrative Fee; Total Net Assessment Dana B. Kisting; N 44' Lot 8 Wilsons Sub; 1025132008; 702 Wilson St; Dubuque, IA 52001; 728 Wilson St.; $117,800.00; $970.00; $138.00; $1,108.00 Administrative Services Agreement for Workers' Compensation Claims: City Manager recommending approval of the Worker's Com- pensation Claims Administrative Services Agreement with Alternative Service Concepts, LLC effective October 1, 2012, through Sep- Book 142 Regular Session, December 17, 2012 399 tember 30, 2013. Upon motion the documents were received, filed and approved. White Water Creek Bridge Relocation Pro- ject Phase 5 Fencing - Project Acceptance: City Manager is recommending acceptance of the construction contract for the Historic White Water Creek Bridge Relocation Project, Phase 5 - Fencing, as completed by Giese Manufac- turing Company, Inc., and authorize payment of the contract. Upon motion the documents were received and filed and Resolution No. 345 -12 Accepting the Historic White Water Creek Bridge Relocation Project, Phase 5 - Fencing and authorizing the payment of the contract amount to the contractor was adopt- ed. RESOLUTION NO. 345 -12 ACCEPTING THE HISTORIC WHITE WATER CREEK BRIDGE RELOCATION PROJECT, PHASE 5 — FENCING AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Historic White Water Creek Bridge Re- location Project, Phase 5 — Fencing (the Pro- ject) has been completed and the City Engi- neer has examined the work and filed a certifi- cate stating that the Project has been com- pleted according to the terms of the Public Improvement Contract and that the City Engi- neer recommends that the Project be accept- ed; 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 His- toric White Water Creek Bridge Restoration Project, Phase 5 - Fencing capital improve- ment appropriation for the contract amount of $19,800.00 less any retained percentage pro- vided 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 17th day of December, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE HISTORIC WHITE WATER CREEK BRIDGE RELOCATION PROJECT, PHASE 5 — FENCING The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Historic White Water Creek Bridge Relocation Project, Phase 5 — Fencing, and that said Project has been performed in compliance with the terms of the Public Im- provement Contract, and that the total cost of the completed work is $19,800.00. Dated this 12th day of November, 2012. Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 12th day of November, 2012. Kevin S. Firnstahl, CMC City Clerk VISTA Memorandum of Agreement for 3rd Grade Reading: City Manager recommending approval of an AmeriCorps VISTA Memoran- dum of Agreement with the Corporation of National and Community Service for four VISTA positions to assist with the third grade reading initiative. Upon motion the documents were received, filed and approved. School Resource Officer (SRO) Agreement for Fiscal Year 2012 -2013: City Manager rec- ommending approval of the Fiscal Year 2012/2013 School Resource Officer Agree- ment between the City of Dubuque Police De- partment and the Dubuque Community School District. Upon motion the documents were received, filed and approved. Safe Community Advisory Committee: Committee Member Rachel Daack submitting her resignation from the Safe Community Ad- visory Committee. Upon motion the documents were received, filed and the resignation ac- cepted. Improvement Contracts / Performance, Payment and Maintenance Bonds: McDermott Excavating for the Washington Street Parking Lot Project. Upon motion the documents were received, filed and approved. Signed Contracts: 1) Iowa Communica- tions Network (ICN) lease for the building be- neath the 3rd Street Water Tower, 2) MWH America's Additional Service Request for the Water & Resource Recovery Center Modifica- tions Project, 3) Ted Stackis Construction con- tract for the Fire Hydrant Painting Program Phase 2. Upon motion the documents were received and filed. Alcohol License Applications: City Manager recommending approval of annual liquor, beer, and wine licenses as submitted. Upon motion the documents were received and filed and Resolution No. 346 -12 Approving applications for beer, liquor, and /or wine permits, as re- quired 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 was adopted. 400 Regular Session, December 17, 2012 Book 142 RESOLUTION NO. 346 -12 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND /OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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 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 bonds and otherwise complied with the re- quirements 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 author- ized and directed to cause to be issued the following named applicants and permit types. RENEWALS Cue Masters Billiards, 900 Central Ave., Class C Liquor (Sunday) Instant Replay, 1602 Central Ave., Class C Liquor (Sunday) (Living Quarters) Puff N Snuff, 1101 Rhomberg Ave., Class E Liquor, Class B Wine, Class C Beer (Car- ryout Beer and Wine) (Sunday) Steve's Ace Home & Garden, 3350 JFK Rd., Class B Native Wine (Sunday) The Screaming Eagle Bar, 2600 Central Ave., Class C Liquor (Outdoor) (Sunday) Passed, approved and adopted this 17th day of December, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the pub- lic hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Braig. Motion carried 7 -0. Water & Resource Recovery Center Co- generation Facilities: City Manager recom- mending initiation of the bidding process for the Water and Resource Recovery Center Cogeneration (Co -Gen) Facilities, and further recommends that a public hearing be set for January 7, 2013. Upon motion the documents were received and filed and Resolution No. 347 -12 Preliminary approval of plans, specifi- cations, form of contract, and estimated cost; setting date of public hearing on plans specifi- cations, form of contract, and estimated cost; and ordering the advertisement for bids (Water & Resource Recovery Center Cogeneration Facilities) was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on January 7, 2013 in the Historic Federal Build- ing. RESOLUTION NO.347 -12 WATER & RESOURCE RECOVERY CEN- TER COGENERATION FACILITIES PRELIM- INARY APPROVAL OF PLANS, SPECIFICA- TIONS, FORM OF CONTRACT, AND ESTI- MATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISE- MENT FOR BIDS WATER & RESOURCE RECOVERY CENTER COGENERATION FA- CILITIES NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: the proposed plans, specifications, form of contract and estimated cost for the Water & Resource Recovery Center Cogeneration Fa- cilities, in the estimated amount $2,500,000 are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection a public hearing will be held on the 7th day of January 2013, at 6:30 p.m. in the Historic Federal Building Council Chambers at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general cir- culation 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 inter- ested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The City of Dubuque Water & Resource Recovery Center Cogeneration Facilities is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bid- ders hereby approved. The City Clerk is hereby directed to adver- tise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having a general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty -five days before the date for filing bids before 2:00 p.m. on the 5th day of February Book 142 Regular Session, December 17, 2012 401 2013. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:30 on the 18th day of February, 2013, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 17th day of December, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk SRF Loan for Water & Resource Recovery Center Cogeneration Facilities: City Manager recommending that a public hearing be set for January 7, 2013, on the proposition of issuing not to exceed $2,400,000 in Sewer Revenue Capital Loan Notes. Upon motion the docu- ments were received and filed and Resolution No. 348 -12 Fixing date for a meeting on the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $2,400,000 Sewer Revenue Capital Loan Notes of City of Dubuque, Iowa, and providing for publication of notice thereof was adopted setting a public hearing for a meeting to com- mence at 6:30 p.m. on January 7, 2013 in the Historic Federal Building. RESOLUTION 348 -12 FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AND DIS- BURSEMENT AGREEMENT AND THE IS- SUANCE OF NOT TO EXCEED $2,400,000 SEWER REVENUE CAPITAL LOAN NOTES OF CITY OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NO- TICE THEREOF Whereas, it is deemed necessary and ad- visable that the City of Dubuque, Iowa should provide for the authorization of a Loan and Disbursement Agreement and the issuance of Sewer Revenue Capital Loan Notes, in the amount of not to exceed $2,400,000, as au- thorized by Sections 384.24A and 384.82, Code of Iowa, as amended, for the purpose of providing funds to pay costs as hereinafter described; and Whereas, the City has applied for a loan through the Iowa Water Pollution Control Works Financing Program pursuant to which the Iowa Finance Authority has agreed to pur- chase the City's Notes and has requested that such Notes be issued as a single Note in a denomination equal to the total amount of the issue as authorized by Chapter 384 Code of Iowa; and Whereas, the Loan and Disbursement Agreement and Note shall be payable solely and only out of the net earnings of the Munici- pal Sewer System and shall be a first lien on the future net earnings of the Utility; and shall not be general obligations of the City or paya- ble in any manner by taxation and the City shall be in no manner liable by reason of the failure of the net revenues to be sufficient for the payment of the Loan and Disbursement Agreement and Note; and Whereas, before a Loan and Disbursement Agreement may be authorized and Sewer Revenue Capital Loan Notes issued to evi- dence the obligation of the City thereunder, it is necessary to comply with the provisions of the City Code of Iowa, as amended, and to publish a notice of the proposal and of the time and place of the meeting at which the Council proposes to take action for the authorization of the Loan and Disbursement Agreement and Notes and to receive oral and /or written objec- tions from any resident or property owner of the City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this City Council meet in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at 6:30 o'clock P.M. on the 7th Day of January, 2013 for the purpose of taking action on this matter of the authorizing of a Loan and Disbursement Agreement and the issuance of not to exceed $2,400,000 Sewer Revenue Capital Loan Notes to evi- dence the obligations of the City thereunder, the proceeds of which will be used to provide funds to pay the costs of acquisition, construc- tion, reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Municipal Sewer System, including those costs associated with the acquisition and installation of microturbines, compression skid, heat recovery units and related mechanical, electrical and site work at the Water & Re- source Recovery Center to utilize anaerobic digester gas in a combined heat and power facility. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, pub- lished at least once weekly, and having gen- eral circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of the Notes. Section 3. The notice of the proposed ac- tion shall be in substantially the [Provided] form Passed and approved this 17th day of De- cember, 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: 402 Regular Session, December 17, 2012 Book 142 Mediacom Charitable Foundation: One 1- Year term through December 31, 2013 (Expir- ing term of Twining). Applicant: Connie Twin- ing, 421 N Booth St. Ms. Twining spoke in support of her appointment. Appointments to the following Boards/Commissions: Community Development Advisory Com- mission: One 3 -Year term through February 15, 2014 (Vacant term of Smith). Applicant: Janice Craddieth, 1455 Washington St. Motion by Lynch to appoint Janice Craddieth to a 3- year term through February 15, 2014. Se- conded by Connors. Motion carried 7 -0. Housing Code Board of Appeals: One 3- Year term through January 11, 2016 (Expiring term of Schaub). Applicant: Robert Schaub, 1745 Embassy West #2. Motion by Connors to appoint Robert Schaub to a 3 -year term through January 11, 2016. Seconded by Res- nick. Motion carried 7 -0. Human Rights Commission: One 3 -Year term through January 1, 2016 (Expiring term of Helgager). Applicant: Andrea Helgager, 40 Main St. #300. Motion by Braig to appoint An- drea Helgager to a 3 -year term through Janu- ary 1, 2016. Seconded by Jones. Motion car- ried 7 -0. PUBLIC HEARINGS Upon motion the rules were suspended al- lowing anyone present to address the City Council. Request to Rezone - 390 and 444 North Grandview Avenue: Proof of publication on notice of public hearing to consider a request by Finley Hospital to rezone property located at 390 and 444 North Grandview Avenue from OS Office Service District and OR Office Resi- dential District to ID Institutional District and the Zoning Advisory Commission recommend- ing approval. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Connors. Presi- dent and CEO for Finley Hospital David Bran- don spoke in favor of the rezoning and provide some project details. Planning Services Man- ager Laura Carstens provided a staff report. Council Member Lynch stated for the record that he is the current Board Chair for Finley Hospital, and that the City Attorney has deter- mined there is no conflict of interest with Mr. Lynch voting. Motion carried 7 -0. Motion by Jones for final consideration and passage of Ordinance No. 63 -12 Amending Title 16 of the City of Dubuque Code of Ordi- nances, Unified Development Code, by reclas- sifying hereinafter described property located at 390 and 444 North Grandview Avenue from OR Office Residential and OS Office Service District to ID Institutional District. Seconded by Connors. Motion carried 7 -0. OFFICIAL PUBLICATION ORDINANCE NO. 63 -12 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLAS- SIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 390 AND 444 NORTH GRANDVIEW AVENUE FROM OR OFFICE RESIDENTIAL AND OS OFFICE SERVICE DISTRICTS TO ID INSTITUTIONAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, is hereby amended by reclassi- fying the hereinafter described property from OR Office Residential and OS Office Service Districts to ID Institutional District, to wit: Lots 2 and 3 of Sidonia Hosfords Subdivision, the south 25 feet of Lot 4 of Sidonia Hosfords Subdivision, and the north 105 feet of Lot 5 of Sidonia Hosfords Subdivision, and to the cen- terline of the adjoining public right -of- way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Io- wa. Section 3. This Ordinance shall take effect upon publications, as provided by law. Passed, approved and adopted this 17th day of December 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 21st day of December, 2012. /s /Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated lim- iting discussion to the City Council. ACTION ITEMS Sixteenth Street Lease Agreement: City Manager recommending authorization of a 30- day public notice on the competitive disposi- tion of an approximately 3.25 acre site of City - owned property on 16th Street. Motion by Connors to receive and file the documents, approve the recommendation and adopt Reso- lution No. 349 -12 (1) Approving the minimum requirements, competitive criteria, and offering Book 142 Regular Session, December 17, 2012 403 procedures for the development and the lease of certain real property and improvements in the Greater Downtown Urban Renewal District; (2) Determining that the lease submitted by Rainbo Oil Co. satisfies the offering require- ments with respect to the real property and improvements and declaring the intent of the City Council to approve the lease with Rainbo Oil Co. in the event that no competing pro- posals are submitted; and (3) Soliciting com- peting proposals. Seconded by Jones. Motion carried 7 -0. RESOLUTION NO. 349 -12 (1) APPROVING THE MINIMUM REQUIRE- MENTS, COMPETITIVE CRITERIA, AND OFFERING PROCEDURES FOR THE DE- VELOPMENT AND THE LEASE OF CER- TAIN REAL PROPERTY AND IMPROVE- MENTS IN THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT; (2) DETER- MINING THAT THE LEASE SUBMITTED BY RAINBO OIL CO. SATISFIES THE OFFER- ING REQUIREMENTS WITH RESPECT TO THE REAL PROPERTY AND IMPROVE- MENTS AND DECLARING THE INTENT OF THE CITY COUNCIL TO APPROVE THE LEASE WITH RAINBO OIL CO. IN THE EVENT THAT NO COMPETING PRO- POSALS ARE SUBMITTED; AND (3) SOLIC- ITING COMPETING PROPOSALS. Whereas, the City Council of Dubuque, Io- wa, did on October 1, 2012 adopt an Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District ( "the Plan ") for the Urban Renewal Area de- scribed therein; and Whereas, the Plan provides, among other things, for the disposition of properties for pri- vate development purposes as a proposed economic development action; and Whereas, Rainbo Oil Co. ( "Lessee ") has submitted to the City a proposal for the leasing of certain real property hereinafter described for the operation and management of a portion of the 16th Street Bee Branch Project area as described therein ( "the Lease Agreement "), together with the request that this property be made available for lease as rapidly as possi- ble; and Whereas, in order to establish reasonably competitive bidding procedures for the disposi- tion of the property in accordance with the statutory requirements of Iowa Code Chapter 403, specifically, Section 403.8, and to assure that the City extends a full and fair opportunity to all developers interested in submitting a proposal, a summary of submission require- ments and minimum requirements and com- petitive criteria for the property offering is in- cluded herein; and Whereas, said Developer has tendered the Lease Agreement with the City, attached here- to as Exhibit "A "; and Whereas, to recognize both the firm pro- posal for lease of the real property and im- provements already received by the City, as described above, and to give full and fair op- portunity to other developers interested in submitting a proposal for the use of the proper- ty, this Council should by this Resolution: 1) Set the fair market value of the real property for uses in accordance with the Plan; 2) Approve the minimum require- ments and competitive criteria includ- ed herein; 3) Approve as to form the Lease Agreement attached hereto as Exhibit 4) Set a date for receipt of competing proposals and the opening thereof; 5) Declare that the proposal submit- ted by Developer satisfies the mini- mum requirements of the offering, and that in the event no other quali- fied proposal is timely submitted, that the City Council intends to approve such proposal and authorize the City Manager to sign the Lease Agree- ment; and direct publication of notice of said intent; 6) Approve and direct publication of a notice to advise any other person of the opportunity to compete for lease of the real property on the terms and conditions set forth herein; and 7) Declare that in the event another qualified proposal is timely submitted and accepted, another and future no- tice will be published on the intent of the City to enter into the resulting contract, as required by law; and Whereas, the City Council believes it is in the best interest of the City and the Plan to act as expeditiously as possible to lease the real property as set forth herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real property shown on Exhibit "B" attached hereto located along the south side of 16th Street and adjacent to Kerper Boulevard ('the 16th Street Property ") shall be offered for lease in accordance with the terms and conditions contained in this Resolution. Section 2. That it is hereby determined that in order to qualify for consideration for selec- tion, any person must submit a proposal which meets these minimum requirements: a) Contains an agreement to lease the 16th Street Property at not less 404 Regular Session, December 17, 2012 Book 142 than fair market value established herein; b) Contains a commitment to lease at least 3.25 acres of the 16th Street site for uses allowed a C -4 Zoning classification; c) Sets out or provides to the satisfac- tion of the City Council the experi- ence of the principals and key staff who are directly engaged in the per- formance of contract obligations in carrying out projects of similar scale and character; and d) Meets, at a minimum, the terms and conditions of the Lease Agree- ment submitted by the Developer in- cluding an agreement to invest not less than $5,000,000 and a plan to develop, construct and pay for a bike path /pedestrian walkway on the East and South sides of the leased site. Section 3. That the Lease Agreement by and between the City and the Developer be and is hereby approved as to form for the pur- poses hereinafter stated. Section 4. That for the purpose of defining the offering of the 16th Street site for lease, said Lease Agreement shall be deemed to be illustrative of the terms acceptable to the City with respect to: a) Annual lease payments; b) Construction of leasehold im- provements; c) Developer obligations; and d) General terms and conditions. Section 5. That the Lease Agreement submitted by the Developer satisfies the re- quirements of this offering and, in the event that no other qualified proposals are timely submitted, that the City Council intends to ac- cept and approve the Lease Agreement. Section 6. That it is hereby determined that the Developer possesses the qualifications, financial resources and legal ability necessary to lease the 16th Street site and to manage and operate the site in the manner proposed by this offering in accordance with the Plan. Section 7. That the annual lease payments for the site offered by the Developer are here- by found and determined to be the fair market value of the leasehold interest being con- veyed. Section 8. That the City Clerk shall receive and retain for public examination the attached Lease Agreement submitted by the Developer and, in the event no other qualified proposals are timely submitted, shall resubmit the Lease Agreement to the City Council for final approv- al and execution upon expiration of the notice hereinafter prescribed. Section 9. That the action of the City Council be considered to be and does hereby constitute notice to all concerned of the inten- tion of this Council, in the event that no other qualified proposals are timely submitted, to accept the proposal of the Developer to lease the 16th Street site and to approve the Lease Agreement by and between City and Develop- er. Section 10. That the official notice of this offering and of the intent of the City, in the event no other qualified proposals are timely submitted, to approve the Lease Agreement, shall be a true copy of this Resolution, but without the attachments referred to herein. Section 11. That the City Clerk is author- ized and directed to secure immediate publica- tion of said official notice in the Telegraph Herald, a newspaper having a general circula- tion in the community, by publication of the text of this Resolution without attachments on or before the 21st day of December, 2012. Section 12. That written proposals for the lease of the 16th Street site will be received by the City Clerk at or before 10:00 a.m., January 22, 2013 in the Office of the City Clerk, located on the first floor at City Hall, 50 West 13th Street, Dubuque, Iowa 52001. Each proposal will be opened at the hour of 10:00 a.m. in City Hall, Dubuque, Iowa on January 22, 2013. Said proposals will then be presented to the City Council at 6:30 p.m., January 22, 2013, at a meeting to be held in the City Council Chambers, Historic Federal Building at 350 West 6th Street, Dubuque, Iowa. Section 13. That such offering shall be in substantial conformance with the provisions of Iowa Code Section 403.8, requiring reasona- ble competitive bidding procedures as are hereby prescribed, which method is hereby determined to be the appropriate method for development of the 16th Street property. Section 14. That the required documents for the submission of a proposal shall be in substantial conformity with the provisions of this Resolution. Section 15. That the City Clerk is hereby nominated and appointed as the agent of the City of Dubuque, Iowa to receive proposals for the lease of the 16th Street on that date and according to the procedure hereinabove speci- fied for receipt of such proposals and to pro- ceed at such time to formally acknowledge receipt of each of such proposal by noting the receipt of same in the Minutes of the Council; that the City Manager is hereby authorized and directed to make preliminary analysis of each such proposal for compliance with the mini- mum requirements established by this Council hereinabove. For each proposal that satisfies these requirements, the City Council shall judge the strength of the proposal by the com- Book 142 Regular Session, December 17, 2012 405 petitive criteria established hereinabove. The City Council shall then make the final evalua- tion and selection of the proposals. Section 16. Each proposal submitted which satisfies the foregoing minimum requirements, as determined by the City Manager, shall be reviewed on the basis of the strength of such proposal following Competitive Criteria: Quality of the Proposed Development: (1) The total cost of the project. (2) The types of materials to be used in the construction of the project. (3) Overall project amenities. Architectural Design of the Proposed De- velopment: (1) The compatibility of the design with adjacent structures, vistas, pe- destrian traffic, vehicular activities, and future development of adjacent properties. (2) The functional design of the site, the structures, and all public spaces. (3) The aesthetic quality of the devel- opment and its sensitivity to the use and future development of adjacent properties. (4) The type, size and arrangement of facades or signage along each street frontage. Economic Feasibility of the Proposed De- velopment: (1) The economic return to the City provided by the proposed develop- ment, including but not limited to, the amount of lease revenue generated, the property and sales taxes generat- ed, the number of jobs provided, and the encouragement of related devel- opment in the area. (2) The ability of the prospective de- veloper to finance and complete the project as proposed. (3) The financial impact of the pro- posed development upon the City's operating budget and capital im- provement plan, particularly as it re- lates to the construction and mainte- nance of any required public im- provements. Section 17. If, and only if, competing pro- posals are received and determined by the Council to meet the minimum requirements described herein, the Lessee shall be allowed to amend its proposal in response thereto and to deliver same to the City Manager, by no later than a date determined by the City Coun- cil. In such event, the Council shall schedule a subsequent meeting to be held by the City Manager at which there shall be a bid -off con- ducted by the City Manager. During such bid - off, each competing bidder shall bid against the other, starting with the second proposal received and continuing until such time as each bidder shall decline to improve its pro- posal to acquire and redevelop the16th Street Property in response to the last bid of the other bidder or bidders. The period of time to be allowed for such bid -off shall be determined by the City Manager. The rules of such bid -off shall be as determined by the City Manager at or before such bid -off period and shall be ab- solute. Section 18. That in the event another quali- fied proposal is timely submitted and accepted by the City, another and further notice shall be published of the intent of the City of Dubuque, Iowa, to enter into the resulting agreement, as required by law. Passed, approved and adopted this 17th day of December, 2012. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk Revised Purchase of Service Grant Appli- cations for Fiscal Year 2014: (Resubmitted from the December 3, 2012 Meeting). City Manager and the Community Development Advisory Commission submitting revised rec- ommendations for the Fiscal Year 2014 Pur- chase of Service Grant funding to be made through the Fiscal Year 2014 Budget process. Motion by Connors to receive and file the doc- uments and support the recommendations submitted by the City Manager and the Com- munity Development Advisory Commission. Seconded by Braig. Motion carried 7 -0. Fifth and Bluff Streets Restroom Project Design Recommendation: (Tabled from the December 3, 2012 meeting.) City Manager transmitting a summary of the fees submitted by the six responding firms for design services for the 5th and Bluff Restroom Project and recommending approval to hire Ament Design to prepare a design solution for the project. Motion by Braig to remove from the table. Se- conded by Jones. Motion carried 7 -0. Motion by Braig to receive and file and ap- prove the recommendation. Seconded by Resnick. Motion carried 7 -0. Annual Action Plan for Fiscal Year 2013 - Amendment 1: City Manager recommending approval of the FY 2013 Annual Action Plan - Amendment 1 for the Community Develop- ment Block Grant (CDBG) Program. Motion by Braig to receive and file the documents and adopt Resolution No. 350 -12 Approving Fiscal Year 2013 (Program Year 2012) Annual Action Plan Amendment 1 for Community Develop- ment Block Grant (CDBG) funds. Seconded by Lynch. Motion carried 7 -0 406 Regular Session, December 17, 2012 Book 142 RESOLUTION NO. 350 -12 APPROVING FISCAL YEAR 2013 (PRO- GRAM YEAR 2012) ANNUAL ACTION PLAN AMENDMENT 1 FOR COMMUNITY DEVEL- OPMENT BLOCK GRANT (CDBG) FUNDS. Whereas, the City of Dubuque prepared and filed Annual Action Plans for Fiscal Years 2012 and 2013; and Whereas, the City of Dubuque now desires to amend said Annual Plans by incorporating them into one amended FY 2013 Annual Plan as per the attached Exhibit A; and Whereas, said amendment is a substantial amendment as provided in the City's Citizen Participation Plan and therefore must be ap- proved by resolution of the City Council after a public hearing by the Community Development Advisory Commission; and Whereas, the City advertised a 30 day public comment period beginning October 22, 2012; and Whereas, the Community Development Advisory Commission reviewed the proposed amendment at a public hearing on November 28, 2012 and has voted to approve said amendments and to recommend approval by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Annual Action Plans for Fiscal Years 2012 and 2013 are hereby re- scinded and the balance of funds from these plans are incorporated into a Fiscal Year 2013 (Program Year 2012) Annual Action Plan - Amendment 1, attached hereto as Exhibit A. Section 2. That said Fiscal Year 2013 (Program Year 2012) Annual Action Plan - Amendment 1 attached hereto as Exhibit A is hereby approved. Section 4. That the City Manager is hereby authorized and directed to submit a copy of this resolution and Plan to the U.S. Depart- ment of Housing and Urban Development. Passed, approved and adopted this 17th day of December, 2012. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk Code of Ordinances - Liquor Control Amendment: City Manager recommending approval of an amendment to City of Dubuque Code of Ordinances as it pertains to Liquor Licensing Section 4 -2A -3 Prohibited Sales and Acts and Section 4 -2B -6 Requirements for Premises, eliminating outdated language and adding language that is consistent with the Iowa Code and the City's Unified Development Code. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Resnick. Motion carried 7 -0. Motion by Connors for final consideration and passage of Ordinance No. 64 -12 Amend- ing City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article A Alcoholic Beverag- es, Section 4 -2A -3 Prohibited Sales and Acts by adjusting the language to coincide with an amendment to the Iowa Code; and Article B Liquor, Beer And Wine Licenses and Permits, Section 4 -2B -6 Requirements for Premises by deleting a reference to a former zoning classi- fication known as Local Business A District which no longer exists. Seconded by Resnick. Motion carried 7 -0. OFFICIAL PUBLICATION ORDINANCE NO. 64 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE A ALCOHOLIC BEVERAGES, SECTION 4 -2A -3 PROHIBIT- ED SALES AND ACTS BY ADJUSTING THE LANGUAGE TO COINCIDE WITH AN AMENDMENT TO THE IOWA CODE; AND ARTICLE B LIQUOR, BEER AND WINE LI- CENSES AND PERMITS, SECTION 4 -2B -6 REQUIREMENTS FOR PREMISES BY DE- LETING A REFERENCE TO A FORMER ZONING CLASSIFICATION KNOWN AS LO- CAL BUSINESS A DISTRICT WHICH NO LONGER EXISTS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 4 -2A -3 of the City of Dubuque Code of Ordinances is amended to read as follows: 4 -2A -3: PROHIBITED SALES AND ACTS: A person or club holding a liquor li- cense or retail wine or beer permit under this chapter, and the person's or club's agents or employees shall not do any of the following: G. Keep on premises cov- ered by a liquor control li- cense any alcoholic liquor in any container except the original package purchased from the division and except mixed drinks or cocktails mixed on the premises for immediate consumption on the licensed premises or as otherwise provided by Iowa Code, Section 123.49(2)(d). This prohibition does not apply to common carriers Book 142 Regular Session, December 17, 2012 407 holding a class D liquor con- trol license; Section 2. Section 4 -2B -6 of the City of Dubuque Code of Ordinances is amended to read as follows: 4 -2B -6: REQUIREMENTS FOR PREMIS- ES: B. Requirements: In addition to any other requirements, the premises for which a beer permit, wine permit, or liquor control license is sought shall meet the following requirements: 3. The premises for which a retail beer permit is sought shall be located within a business district or an area now or hereafter zoned to permit such business and shall conform to the zoning requirements of the city. Section 3. This Ordinance takes effect up- on publication. Passed, approved, and adopted the 17th day of December, 2012. /s /Roy D. Buol, Mayor Attest: /s/ Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 21st day of December, 2012. /s /Kevin S. Firnstahl, City Clerk Neptune IQ - Smarter Water Transition: City Manager recommending approval to pur- chase software and services for Neptune IQ with NWWS /Ferguson Group and Neptune Technology for the "early adopter" discounts. Motion by Braig to receive and file the docu- ments and approve the recommendation. Se- conded by Jones. Motion carried 7 -0. 40 Main, LLC - Fifth Amendment to Devel- opment Agreement: City Manager recom- mending approval of the Fifth Amendment to the Development Agreement with 40 Main, LLC that modifies the repayment terms for the loan to revitalize the property located at 40 Main Street. Motion by Jones to receive and file the documents and adopt Resolution No. 351 -12 Approving the Fifth Amendment to the Development Agreement between the City of Dubuque, Iowa, and 40 Main, LLC. Seconded by Connors. Responding to questions from City Council, Economic Development Director Dave Heiar stated that the City is secondary mortgage holder after Premier Bank. Motion carried 7 -0. RESOLUTION NO 351 -12 APPROVING THE FIFTH AMENDMENT TO THE DEVELOPMENT AGREEMENT BE- TWEEN THE CITY OF DUBUQUE, IOWA AND 40 MAIN LLC. Whereas, a Development Agreement (the Agreement), dated January 15, 2009, was entered into by and between the City of Dubu- que, a municipal corporation of the State of Iowa (City), and 40 Main LLC (Developer); and Whereas, the Agreement was amended (First Amendment) on May 18, 2009; Whereas, the Agreement was further amended (Second Amendment) on August 3, 2009; and Whereas, the Agreement was further amended (Third Amendment) on October 13, 2010; and Whereas, the Agreement was further amended (Fourth Amendment) on November 7, 2011; and Whereas, the Agreement provides for an Economic Development Loan with a balloon payment when the developer received state Historic Tax Credits associated with this pro- ject; and Whereas, Developer desires to revise the Economic Development Loan repayment as set forth in the proposed Fifth Amendment attached hereto; and Whereas, the City Council finds that it is in the best interests of the City of Dubuque to approve the Fifth Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Fifth Amendment to the 40 Main LLC Development Agreement is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute said Fifth Amendment on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. The City Manager is authorized to take such actions as are necessary to im- plement the terms of the Fifth Amendment as herein approved. Passed, approved and adopted this 17th day of December 2012 Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ITC Midwest, LLC Transmission Line Poles: City Manager recommending approval of the number, alignment and coating prefer- ence of power line poles to be constructed in Dove Harbor by ITC Midwest, LLC. Restated motion by Connors to receive and file the doc- uments, support the option of one galvanized pole, and adopt Resolution No. 352 -12 Stating the preference for the number, alignment and coating preference of power line poles to be constructed in Dove Harbor. Seconded by Jones. Motion carried 7 -0. 408 Regular Session, December 17, 2012 Book 142 RESOLUTION NO.352 -12 STATING THE PREFERENCE FOR THE NUMBER, ALIGNMENT AND COATING PREFERENCE OF POWER LINE POLES TO BE CONSTRUCTED IN DOVE HARBOR. Whereas, ITC Midwest, LLC, a subsidiary of ITC Holdings Corp. out of Novi, Michigan, owns and operates electrical transmission lines in the Dubuque area; and Whereas, currently ITC has two lattice tower structure poles, at the southeast and southwest corners of Dove Harbor, that are currently located within an easement from the City of Dubuque; and Whereas, increased energy demand and the planned decommission of the nearby Al- liant Power Plant has resulted in the need to increase the capacity of the transmission line, and as such, require new towers; and Whereas, regulations by the Army Corps of Engineers require that new construction take place at least 15 feet from the base of the slope leading to the floodwall; and Whereas, ITC has asked the City, as the owner of the land, to provide a preference on one of two pole alignments that will satisfy the requirements of the Army Core of Engineers and increase the capacity of the transmission line; and Whereas, the City has received the input of Flint Hills Resources, the current active tenant on the southeast corner of the Dover Harbor peninsula, and Dubuque Terminals, Inc. southwest corner of the peninsula. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the stated preference for the transmission line alignment is the option that will utilize one structure at the south cen- tral portion of Dove Harbor, subject to negotia- tion of a new easement and the abandonment of the previously existing easement on the site. Section 2. That the coating preference for the structure is a galvanized steel pole. Section 3. That ITC is asked, to the best of its ability, to return the construction site back to its original state after the placement of the structure. Passed, approved and adopted this 17th day of December, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Department of Energy Data Access Grant: City Manager recommending approval to de- cline the Department of Energy Smart Grid Data Access Grant. Motion by Jones to re- ceive and file and approve the recommenda- tion. Seconded by Resnick. Motion carried 7 -0. Safe Community Advisory Committee Con- tinuation: City Manager recommending ap- proval to extend the existence of the Safe Community Advisory Committee until Decem- ber 31, 2013. Motion by Connors to receive and file the documents and that the require- ment that a proposed ordinance be considered and voted on for passage at two Council meet- ings prior to the meeting at which it is to be passed be suspended. Seconded by Lynch. Motion carried 7 -0. Motion by Connors for final consideration and passage of Ordinance No. 65 -12 Amend- ing Ordinance No. 55 -10 which created the Safe Community Advisory Committee by ex- tending the sunset of the Committee from De- cember 31, 2012 to December 31, 2013. Se- conded by Jones. Motion carried 7 -0. OFFICIAL PUBLICATION ORDINANCE NO. 65 -12 AMENDING ORDINANCE NO. 55 -10 WHICH CREATED THE SAFE COMMUNITY ADVI- SORY COMMITTEE BY EXTENDING THE SUNSET OF THE COMMITTEE FROM DE- CEMBER 31, 2012 TO DECEMBER 31, 2013 Whereas, Ordinance No. 55 -10 created the Safe Community Advisory Committee which ceases to exist on December 31, 2012; and Whereas, the City Council deems it in the public interest to extend the existence of the Committee and the terms of the Committee members. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Ordinance No. 55 -10, Sec. 2 -9 -6 is amended to read as follows: 2 -9 -6: Terms: The term of office for members of the Safe Community Advisory Committee ends on December 31, 2013. Section 2. Ordinance No. 55 -10, Sec. 2 -9- 13 is amended to read as follows: 2 -9 -13: Sunset of Safe Community Ad- visory Committee: The Safe Community Advisory Committee will cease to exist on December 31, 2013. Section 3. This Ordinance takes effect on publication. Passed, approved and adopted the 17th day of December, 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 21st day of December, 2012. /s /Kevin S. Firnstahl, City Clerk Book 142 Regular Session, December 17, 2012 409 Convention and Visitors Bureau - Request for Work Session: Executive Director Keith Rahe requesting that the annual Convention and Visitors Bureau work session with the City Council be set for February 4, 2013 at 5:30 p.m. Motion by Connors to receive and file the documents and set the work session as rec- ommended. Seconded by Braig. Motion car- ried 7 -0. PUBLIC INPUT Louis Mihalakis, 1212 Miller Road, stated that he believes bids for projects for the Hous- ing and Community Development Department are going to only Ted Stackis Construction and not being fairly bid. The City Manager will look into the issue. There being no further business, upon mo- tion the City Council adjourned at 7:45 p.m. /s /Kevin S. Firnstahl, CMC City Clerk 410 INDEX Book 142 A A & G Electric 49, 212, 256, 388 A.Y. McDonald Mfg. Co 9, 116 Accessorize Me 36 Accola, Jerry 298 Acquisition of Property See Purchase of Property Adeline Street 44 Adelman, David 117 Adobo's Mexican Grill 120, 215 AECOM Technical Services, Inc 52, 159 Aircraft Deice Fluid (ADF) Containment /Collection Project 117 Airport Commission Membership 236, 245 Minutes Submitted 47, 81 Alarm Panel Monitoring 84 Alcohol Applications 199 Alcohol Compliance Civil Penalties for Alcohol License Holders 36, 54, 102, 111, 114, 119, 120, 138, 150, 165, 188, 199, 253, 314 Alcohol License Applications .... 7, 13, 36, 54, 85, 103, 114, 120, 138, 151, 162, 188, 214, 233, 243, 256, 270, 290, 300, 314, 330, 391, 399 Aldi, Inc. #30 290 All America City Award 197, 220 Alliant Energy Amphitheater 200 Allied Property and Casualty 209 Allison- Henderson Park 256 Alternative Services Concepts 311 Altoff, Marilyn 77 Ament Design 393, 405 America's River Board 165 America's River Corporation 79, 187 America's River Festival 165 American Association of Retired People (AARP) 41 American Concessions 253 American Dental Association 209 American Legion Post #6 189, 233, 310 AmeriCorps Partners in Learning 242 AmeriCorps VISTA 389, 399 Amy Court 146, 331, 392 Anderson, Joey 208 Anderson - Bricker, John 163, 191 Ang, Janet 229 Angie's Bar 290 Annexations 10924 Key West Drive 41, 86, 107, 114, 125 12647 North Cascade Road 193 1834 Creek Wood Drive 218 Timber -Hyrst Estates 202, 220, 222 Annual Action Plan 14, 80, 92, 131, 405 Annual Financial Report 329 Applebee's Grill and Bar 215 Aquatic Center 173 Aragon Tap, The 331 Arbor Estates 267 ARC Transfer Center 36, 216, 237, 276, 301, 317, 393 Architectural Survey and Evaluation 131 Area Residential Care (ARC) 135, 138, 276 Book 142 INDEX 411 Arling, Peter 87 Arrowhead Drive 81 Art on the River 98, 113, 228 Arts and Cultural Affairs Advisory Commission 113, 156 Budget 45 Grant Funding 141, 195, 208 Membership 156, 163, 191, 255, 294, 303 Minutes Submitted 29, 117, 128, 169, 209, 240, 252, 298, 310 Asbury Plaza 15, 87, 124, 192, 258 Asbury Road 333 Assessments Delinquent Garbage Collection Accounts 137 Delinquent Grass and Weed Cutting and Garbage Collection Accounts 3, 29 Delinquent Water, Sewer, Refuse and Stormwater Accounts 99, 147 Special Assessment 1104 Riverview Street 1 Vacant and Abandoned Building and Problem Property Assessments 6, 32, 136 Waiver of Special Assessments 142 Weed, Junk, and Garbage Assessments 328 Assistant Horticulturist 12 Association of State and Territorial Dental Directors 209 Authorized Depository Institutions 156 Automated Traffic Enforcement 7, 26, 27, 220, 237 Awn Stop Mart 189 B Bandana's Bar -B -Q 243 Bank Bar and Grille, The 301 Banner Policy 135, 142 Barker, Barbara 128 Bartels, Steve 129 Bassler, Irene 333 Bassler, Louis 333 Baumhover, Rick 257, 258, 272 Baymont Inn & Suites 36, 199 Beard, Benjamin 236, 245 Beck, Julie 115, 124, 169 Bee Branch Creek Restoration Project 81, 117, 161, See Upper and Lower Bee Branch Creek Projects Dakota, Minnesota, & Eastern Railroad (DM &E) 285 Property Acquisition 48, 200 Bee Branch Disaster Resiliency Project 300 Bee Branch Subdivision No. 7 150 Bee Branch Subdivision No. 8 150 Bee Branch Subdivision No. 9 133 Bee Branch Watershed Green Infrastructure Project 52 Beecher Co. Inc. 163 Bell Street 253 Bell Tower (Theater) Productions 208, 229, 233, 270 Bellevue Street 173 Belmont Forum and G8 Research Council Initiative 314 Beneficial Reuse Management, LLC 232 Bergfeld Recreation Area 39 Best Western Plus DBQ Hotel 8 Betty Building 167, 266 Beverly Avenue 386 Bichell, Mary Loney 163, 191 Bies, Laura 238 Big 10 Mart 36, 163, 301 Big Brothers Big Sisters of Eastern Iowa 209 412 INDEX Book 142 Biosolids Management 98 Black Hills Energy 298 Blocker, Robert 163, 191, 236, 245 Blue Zones Project 10, 318, 382 Bluff Street 290, 393, 405 Bluff Street Brew Haus 54, 102 Bob's Bodega 120 Boffelli, Joshua 98 Bonson Block 384 Bottoms Property 34, 82, 85 Bowling & Beyond 243, 293, 307 Bradley Beck & McDonald 240 Brandon, David 402 Branstad, Governor Terry 209 Breezers Pub 8 Brehm, Doug 383 Bremer, Rod 240 Brick Manhole Replacement 269, 310, 387 Brickyard Estates 108 Bridge Restaurant, The 331 Bridges, Dick 98 Briggs, Candace 145 Brix, K9 252 Broughton, Leo 239 Brown Traffic Control 110 Brown, Michelle 79 Brownfields 146 Bruce, Greg 297, 327 Brunskill Road 57, 171, 315, 332, 393, 395 Brunskill Street Place No. 1 395 Bryant Street 44 Bryant, Karen 155 Budget Departmental Budget Reviews 45, 77, 78, 79, 80 Fiscal Year 2012 Second Budget Amendment 114, 126 Fiscal Year 2013 Budget and Fiscal Policy Guidelines 25 Fiscal Year 2013 First Budget Amendment 257, 274 Fiscal Year 2013 Recommended Budget 55, 91 Budget Transmittal for Fiscal Year 2013 36 Buesing & Associates 14, 190 Bugalski, Rich 138 Building Code Board of Appeals Membership 204, 216 Minutes Submitted 310 Bunker Hill Golf Course 85, 122, 384 Bunker Hill Pumping Facility 188 Burt Steve and Son Garage, Inc 242 Bus Operator Position 214 Bus Storage and Maintenance Facility 167, 309 Business License Refunds 162, 243, 391 C C.J. Moyna & Sons, Inc 157, 223 C3 Investments 202, 218, 220, 222 Cable TV Commission Amendment 72 Established 41 Membership 57, 87, 104, 115, 230, 257, 272 Book 142 INDEX 413 Minutes Submitted 117, 169, 229, 298, 395 PEG Capital Expenditure Requests 135, 172, 300, 330 Cable TV Regulatory Commission Dissolution 41 Cable TV Tele- Programming Commission Dissolution 41 PEG Capital Expenditure Requests 35 PEG Capital Grant Expenditure Requests 13 Cady, Iowa Chief Justice Mark 5 299 Caledonia Place 229, 231 Callahan Construction, Inc 106 Canadian Pacific Railroad 158, 330 Caradco Landlord, LLC 14, 38, 128, 146 Caradco Place 14, 38, 39 Carlos O'Kelly's Mexican Cafe 290 Carnegie -Stout Public Library 115, 121, 197, 214, 395 Carroll, Carole 310 Carter Road 197 Casey's General Stores 163, 215, 262 Catfish Creek Bridge 51 Catfish Creek Place 47 Catfish Creek Pumping Station Generator 49 Catfish Creek Watershed 102 Catfish Creek Watershed Management Authority 130, 133, 142, 157, 166, 289 Membership 216, 228 Minutes Submitted 395 Catfish Festival 120 Cathedral Historic District 35, 130 Cawley, Edward 316, 332 Cedar Cross Amoco BP 36, 151, 163 Cedar Cross Road 152 Celebration Belle 150 Center Grove Drive 36 Centers for Disease Control 209, 299 Central Avenue 33, 130, 146, 210, 314 Certified Annual Financial Report (CAFR) 263 Certified Local Government Annual Report 82 Chalmers, Brad 163, 191 Champps Americana 8 Chances R 243 Chaney Road 50 Channel Inn Restaurant 315 Chapman, Rod and Sharron 166 Chavenelle, Gail 316, 332 Chaves, Yolanda 240 Cheung, Julie 15, 16 Childhood Lead Poisoning Prevention Program 265 Chopper's Bar 54, 150 Christensen, Tim 144 Christopherson, Catherine C 86, 107, 114, 125 Christopherson, Lyle 328, 384 Circles Program 157, 287 Cities of Service Grant 214 City Clerk 231 City Conference Board Minutes Submitted 29, 98 City Council Goals and Priorities 2012 -2014 265 City Expo 382 City Hall 121 City Manager Employment Agreement 214 414 INDEX Book 142 City of Hamilton, Ohio 253 City Street Financing Report 255 City Towing Contract 135 City Wide Water Meter Replacement and Unmeasured Flow Reducer (UFR) 168 CityChannel Dubuque 300 Civic Center Advisory Commission Meeting Schedule 195 Membership 163, 191, 257, 272, 316, 331 Minutes Submitted 29, 98, 229, 327 Civil Service Commission Certified List for Assistant Fire Chief 118 Certified List for Assistant Fire Marshal 118 Certified List for Bus Operator 118 Certified List for Cashier 288 Certified List for Confidential Account Clerk 288 Certified List for EMS Supervisor 118 Certified List for Fire Captain 118 Certified List for Fire Equipment Operator 118 Certified List for Fire Lieutenant 118 Certified List for Firefighter 118 Certified List for Foreman 53 Certified List for Golf Course Supervisor 229 Certified List for Infiltration and Inflow (I &I) Inspector 53 Certified List for Landfill Equipment Operator 53 Certified List for Natural Resources and Sustainable Practices Specialist 169 Certified List for Police Officer 209 Certified List for Public Safety Dispatcher 169 Certified List for Transit Dispatcher - Scheduler 53 Certified List for Truck Driver 169 Certified List for Water & Resource Recovery Center Plant Operator 209 Certified List for Water Plant Operator 229 Membership 87, 104 Minutes Submitted 47, 110, 117, 145, 169, 209, 229, 263, 395 Clark of Dubuque 163 Clarke University 105, 151, 233, 243, 270, 388 Clemens, Walters, Conlon & Meyer 149 Clemons et al. vs. City of Dubuque and Brian Wullweber 298 Closed Sessions 168, 196, 207, 208, 262, 286, 309, 327 Club Heat 301 Clubhouse, The 54 Cobalt Court 210 Coca -Cola Beverage 199 Code of Ordinances ADA Readily Achievable Determinations 318, 335 Adoption of Supplement No. 10 255 Adoption of Supplement No. 11 390 Adoption of Supplement No. 7 82 Adoption of Supplement No. 8 129 Adoption of Supplement No. 9 198 Construction Storage Plans 380 Contested Alcohol Violations Amendment 276 Control of Vehicle Ordinance Amendment 247 Disabled Parking Fine Amendment 75 Excavation in Rights -of -Way Amendment 141 Junk and Secondhand Dealers, and Pawnbrokers Amendment 195 Liquor Control Amendment 406 Parking Violations and Fines 279 Residential Parking Permit District 331, 392 Road Work Zones Amendment 280 Book 142 INDEX 415 Tax Increment Financing (TIF) District, Greater Downtown Urban Renewal District 362 Utility Billing Assessments Amendment 281 Vacant and Abandoned Buildings 89 Cogeneration Facilities 13, 400, 401 Collection System Management, Operation and Maintenance (CMOM) Program 171 Collective Bargaining 34, 98, 133, 254 Colts Community Center 199 Colts Drum and Bugle Corps 208 Commercial Property Tax Reform 90 Commercial Street 49 Community Development Advisory Commission 15 Budget 79 Membership 12, 15, 38, 230, 391, 402 Minutes Submitted 29, 81, 110, 128, 209, 252, 263, 310, 383, 395 Purchase of Service Grants 392, 405 Community Development Block Grant (CDBG) 80, 92, 129, 131, 167, 240, 405 Watershed Management Authority Phase I 7 Community Development Block Grant Recovery (CDBG -R) 263, 264 Community Developoment Block Grant Access Ramp Installation Project 384 Community Fluoridation Reaffirmation Award 209 Community Foundation of Greater Dubuque 197, 220, 231, 246, 255 Community Resilience Innovation Challenge 314 Complete Streets Policy 16 Comprehensive Annual Financial Report (CAFR) 35 Comprehensive Plan 41 Comprehensive Traffic Analysis 84 Confidential Account Clerk 300, 389 Connolly Construction, Inc 314 Connors, Jill 231 Connors, Paula 163, 191 Consent Decree 98, 171, 250, 254, 388 Consolidated Annual Performance and Evaluation Report (CAPER) 264 Conzett, Mary Ann 1 Cookin' Something Up 102, 111, 119, 165, 391 Copper Kettle, The 290 Corken, Mary Bridget 294, 303 Cornerstone 117 Corporation of National and Community Service 389, 399 Council Bluffs 11 Courtside Sports Bar & Grill 243 Craddieth, Janice 392, 402 Creek Wood Drive 218, 397 Crescent Community Health Center 52 Crescent Ridge Open Space Name Recommendation 36 Creslanes Bowling 102, 189 Cruise, Marla 204, 216 Cruse, Kathy 16 Crust Italian Kitchen and Bar 301 Cue Masters Billiards 220, 400 Culbertson, Dorothy 236, 245 Curtiss, Davin 218 Custom Riders, Inc 229 D D &D Superior Concrete 384 Daack, Rachel 399 Dakota, Minnesota & Eastern Railroad (DM &E) 158, 285 416 INDEX Book 142 Dancing with the Stars - Dubuque Style 116 DARE Agreement 395 Darter, Chad 163, 191 Davis Construction 256 Davis, Bryce and Cynthia 329 Davis, Daniel 1, 12 Days Inn /Spirits Bar & Grill 102, 151 Debt Management Policy 309 Decker, Linda 111 DeGree, Jordan 79 Delinquent Garbage Collection Accounts 137 Delinquent Grass and Weed Cutting and Garbage Collection Accounts 3, 29 Delinquent Water, Sewer, Refuse and Stormwater Accounts 99, 147 Delta Dental 311 Dement, Ira 29 Demolition Permit Appeals 165 Denny's Lux Club 290 Department of Energy 99, 256, 408 Design Review Guidelines 311 Devaney, Lynne 307 Diamond Jo Casino 151, 189, 208 Dickinson, Rick 40, 46, 81, 88, 143, 192, 267, 318 Digital Designs 256 Dispatch Position 214 District Bar, The 162, 290, 301, 391 Dittmer Recycling 141 Dittmer, Scott 141 Dock Board Building 49 Dog House Lounge, The 301 Dogs in City Parks 146 Dollar General Stores 54 Donahue, John 15 Dornbirn, Austria 327 Double Shot 391 Dove Harbor 407 Dow, Thomas, Army SFC 47 Downtown Housing and Downtown Rehabilitation 326 Downtown Meter District 237 Downtown Urban Renewal District 233 Drain Tile Project 314 Drainage Basin Master Plan 288 Dregne, Eric 107, 144, 220, 231, 246 Drew Cook & Sons Excavating 2, 199, 213,269,276,288,300,310,384,386 Driscoll, Melissa and Chad 240 Dubuque365 155 Dubuque and All that Jazz 120, 200 Dubuque Arboretum and Botanical Gardens 103, 240 Dubuque Area Chamber of Commerce 128, 197, 315 Dubuque Area Labor Management Council 187, 233 Dubuque Art Center 79, 208 Dubuque Association of Insurance and Financial Advisors 240 Dubuque Bowling Lanes 189 Dubuque by Carriage 49 Dubuque Chorale 208 Dubuque Community School District 173, 307, 395, 399 Dubuque Convention and Visitors Bureau 165, 187, 231, 290, 307, 409 Dubuque County 149, 159, 162, 170 Dubuque County Board of Health 129, 265 Dubuque County Community Assistant Team (CPAT) 214 Book 142 INDEX 417 Dubuque County Conservation Board 214 Dubuque County Early Childhood 117 Dubuque County Emergency Management Commission Minutes Submitted 29, 128, 229, 310 Dubuque County Extension and Outreach Program 144 Dubuque County Fine Arts Society 120, 138, 233, 243 Dubuque County Historical Society 146, 208 Dubuque CountyJoint E911 Board 232 Dubuque County Juvenile Services 214 Dubuque County Medical Examiner 214 Dubuque County Multi- Jurisdictional Hazard Mitigation 241 Dubuque County Regional Smart Plan 52, 231, 287, 394 Dubuque County Safe Youth Coalition 269 Dubuque County Smart Planning Consortium 287 Dubuque Drug Task Force 84 Dubuque Food Co -op 299 Dubuque Friends Worship Group 155 Dubuque Golf & Country Club 120, 138 Dubuque Hose and Hydraulic 287 Dubuque Industrial Center North 56, 89, 244, 253, 258 Dubuque Industrial Center South 35, 103, 115, 157, 223, 243 Dubuque Industrial Center West 58, 123, 149, 201, 217 Dubuque Jaycees 83, 120, 200, 231, 233 Dubuque Lodge No. 355 103 Dubuque Main Street 187, 208, 220, 256, 270, 335 Dubuque Metropolitan Area Solid Waste Agency (DMASWA) 84, 113, 118, 240, 248, 262 Dubuque Mining Co 54, 189 Dubuque Museum of Art 133, 207, 208 Dubuque Noon Lions Club 128 Dubuque Peace and Justice 246 Dubuque Police Department New Uniform Shoulder Patch 107 Dubuque Properties, LLC 29 Dubuque Quick Stop Mart LLC 243 Dubuque Racing Association 129 Dubuque Regional Airport 122, 145, 156, 230, 232, 254, 269, 391 Dubuque Regional Landfill 262 Dubuque Religious Center 54 Dubuque Soil and Water Conservation District 80, 130, 157 Dubuque Symphony Orchestra 208 Dubuque Water Sports Club 111 Dubuque Water Trail Project 114 Duggan, Shane 238 E E.B. Lyons Interpretive Area 238,313 Eagle Country Market 163, 257 Eagle Point Drive 152 Eagle Point Energy - 1, LLC 284 Eagle Point Park 36, 314, 387 Eagle Point Water Plant 317 Eagle Valley Subdivision 212 Eagles Club, The 54, 215 Easements, Granting of 14, 38, 156 East 10th Street 167 East 16th Street 158 East 22nd Street 36, 142, 199 East Central Intergovernmental Association (ECIA) 241, 287, 310 Eastgate Court 83 418 INDEX Book 142 Eastvedt, Corporal Steve 165 East -West Corridor 75, 76, 193 Easy Street Bar 151, 169 Eco- Engineering: Building Sustainable Cities Forum 113 Economic Development Department Federal Initiatives 242 Eddy Howard Orchestra 298 Edward Byrne Memorial Assistance Grant Program See Justice Assistance Grant (JAG) Edwards, Sherri 117 Eichman, Jayson D. 299 Eide Bailly 158 Eighteenth Street 244,276 Eighth Street 237, 246, 259 El Paisano Grocery 36, 114 Electrical Code Board Membership 139, 152 Eleventh Street 75, 84, 110, 193, 220, 237, 246, 259, 269, 288 Elkins, Amanda 197 Elm Street 193, 220, 236, 246, 259 Emergency Operations Center 391 Emmanuel Congregational United Church of Christ 259 Energy Smart Grid Data Access 408 Engelken, Rick 209 Engine House #1 52 Enterprise Zone Commission Membership 149 Environmental Management Services of Iowa 313 Environmental Protection Agency (EPA) 98, 116, 171, 254, 314, 388 Environmental Stewardship Advisory Commission Membership 115, 124, 288, 316, 331 Minutes Submitted 12, 128 Eppler, Verne 29 Equipment Operator II 52 Esser, Matthew 163, 191 Eudaley, Amy 265 Eudaley, Candace 196, 310 Europa Cafe of Dubuque 270 Europa Haus Restaurant and Bierstube 301 Even, Janice 287, 299 Every Child -Every Promise 197 Excess County Parcels 133 Excess Worker's Compensation Insurance 197 Explosives Detection K9 Acquisition 242 Exxtreme Pub 103 F Facade Design Work 314 Faces and Voices 1 Family Mart 163, 243 Family Music in Jackson Park 98 Fareway Stores 54, 163 Farley, Tom 294, 303 Farmers' Market 108 Fat Tuesday's 270 Federal Emergency Management Agency (FEMA) 122, 135, 149, 158, 210, 255, 287, 313, 314, 329 Federal Legislative Priorities 2012 3 FedEx 85, 104, 111, 197, 258, See also Hunter Equity or 2013 Dubuque, LLC Ferguson Group, The 300, 407 Fernandes, Anna 236, 245 Book 142 INDEX 419 Ferring, James 128, 302, 316, 317 FIDO Dubuque 146 Fiesta Cancun Authentic Mexican Restaurant 138, 301 Fifth and Bluff Streets Restroom 393, 405 Fifth Street 237, 246, 253, 259, 290, 393, 405 Final Plats 2, 83, 89, 192, 210, 221, 242, 266, 395, 397 Financial Advisory Services 173 Finley Health Foundation 310 Finley Hospital 402 Fire Department Headquarters 112 Fire Hydrant Painting Program 188, 256, 267, 399 Fire Station No. 4 181 Fire Station No. 5 111 Fischer Brothers, LLC 119 Fischer Lanes 199, 253 Fischer, Richard 246 Fishnick, Michael and Betty 29 Five Flags Center 10, 91, 98, 99, 117, 122, 189, 200, See Civic Center Five Points Traffic Signal Reconstruction 215, 236, 240, 269 Five -Year Street Construction Program 93 Flexsteel Industries, Inc. 253 Flint Hills Resources Pine Bend, LLC 55, 56, 87, 88 Flood Disaster Legislative Amendment 117 Flood Insurance Rate Map 149, 210, 255 Flood Insurance Study (FIS) 149, 210, 255 Flora Pool 212 Fluoridation 209, 299 Fly DBQ Cafe 257 Forty (40) Main, LLC 407 Foster, Patricia 294, 303 Foulks, Milton 47 Four Mounds Estate Historic District 130 Four Mounds Foundation 79, 170 Fraser Design 113 Freddie's Popcorn 102 Fresh Take, LLC 215 Freund Law Firm, P.C. 108 Frick, Jack 240 Friendly Locust Mart 200, 301 Full Throttle 85 Fursoy, Alex 15 G Galazin, Rachel 310 Gallagher Benefit Services 254 Gallagher, Brian and Tracey 145 Gates, Sarah 391 Gavilon Grain, LLC 155, 158, 232 General Obligation Bonds Essential Corporate Purpose 122, 140 General Obligation Bonds Essential Corporate Purpose Series 2012E 291 General Obligation Bonds General Corporate Purpose 121, 122, 139, 140 General Obligation Bonds General Corporate Purpose Series 2012E 304 General Obligation Bonds Series 2012B 21, 40, 59 General Obligation Bonds Series 2012C 153, 165, 173 General Obligation Bonds Series 2012D 153, 165, 173 General Obligation Bonds Series 2012E 291, 305, 318, 336 General Obligation Refunding Bonds Series 2012G 270, 295, 307, 320 General Obligation Refunding Bonds, Series 2012G, (for an Essential Corporate Purpose) 270 420 INDEX Book 142 General Obligation Taxable Refunding Bonds, Series 20121 318, 355 General Obligation Urban Renewal Bonds 123, 141, 292 General Obligation Urban Renewal Bonds Series 2012A 21, 40, 59 General Obligation Urban Renewal Bonds Series 2012E 306 General Obligation Urban Renewal Bonds Series 2012H 318, 349 German Bank Building 389 Giannakouros, Raki 216, 217, 251 Gibbons, Brandon 46 Gibbs, William J. 205, 217 Gieschen, Pete 333, 334 Giese (Jim) Commercial Roofing 13 Giese Companies 35, 271, 272, 296 Giese Manufacturing Company, Inc 330, 399 Giese Roofing Company 112 Giese Subdivision 12 Giese, Thomas 35 Gilloon, Art 327 Gin Rickey's Bar 54, 138 Global Smart City Summit 7 Goal Setting Sessions 249 Goebel, Richard 98 Golden Eagle Drive 210 Golf Professional Position 83 Golm, Amy 263 Gomer Holliday Development, LLC 58 Goodmann, John 255 Gorius, Doris 165 Gorius, Stephanie 165 Government Finance Officers Association (GFOA) 263, 299 Governor's Individual Volunteer Award 209 Governor's Iowa Environmental Excellence Award 208 Graceland, LLC 3 Grade Crossing Surfacing Repair 158 Grand Harbor Resort & Water Park 331 Grand Opera House, The 155, 208 Grand River Center 34, 82, 122, 181, 261, 276, 290, 297, 309, 314 Grand Tap, The 301 Grandview Avenue 51, 72 Grapewine, Texas 382 Grassley, Lee 157, 212, 231 Grayfields 146 Great Plains Landscaping 114 Greater Downtown Urban Renewal District 123, 294 Greater Dubuque Development Corporation 40, 88, 143, 187, 192 Greater Dubuque Development Corporation (GDDC) 267, 318 Green Alley Permeable Pavers Projects 8, 34, 54, 244, 259, 276, 384 Green and Healthy Homes Initiative 144, 255, 314 Green Dubuque 41,214,251 Green Industrial 51 Green Infrastructure Program 116 GRO1000 Garden & Green Space 13 GRO1000 Gardens & Green Spaces 389 Grothe, David 57, 87 Ground Round Restaurant, The 54 Grover, Molly 128 Growing Sustainable Communities 99 Grunewald, Mike 110 Book 142 INDEX 421 H Hacienda Land Corporation 170 Hafkemeyer, Sue 110 Halverson, Monica 253 Hammer Time Bar 215 Hammerheads Bar & Billiards 54, 189 Hamous, Bruce 395 Hancock House, The 162 Happy Joe's Old Fashioned Ice Cream & Pizza Parlor 301 Happy's Place 270 Hardie, Stephen 258, 273 Harkin, Senator Tom 9 Harlan Street 213 Harris Golf Carts 13 Harthorn, John 110 Hartig Drug Stores 7, 8, 36, 103, 151, 163 Hartman, Ronald and Ellen 254 Harvest View Estates 266 Hatillo, Bob 223 Hayward Baker, Inc 297 Hazard Mitigation Grant Program 135 Healey, Joseph 395 Health Choices Administrative Services 149 Healthcare Analytics Proposal for Actuarial Services 3 Healthy Homes and Childhood Lead Poisoning Prevention Services 129 Healthy Homes and Lead Hazard Control Program 84, 161, 172, 255 Healthy Homes Demonstration Grant Program 267 Healy, Pat 383 Heartland Financial USA, Inc 166, 312 Heathcote, Karla 78, 81 Hedley, Amy 165 Hedley, Cindy 287 Hefei, Eldon 128 Heiar Brothers Fencing 232 Heitz, Mike 238 Helgager, Andrea 115, 124, 152, 163, 392, 402 Helping Our People Excel 173 Helping Services of Northeast Iowa 50, 79, 187, 269 Hemmer, Paul 155 Hendricks Feed and Seed Co., Inc 33, 34 Henkel, Richard 197 Henkels, Ellen 163, 191 HerdageTrail 262 Herrig, George 57, 87, 230 High Impact Service Plan -Cities of Service /AARP Initiative and Recognition Grant 41, 214 Hill, Jenny 327 Hill, McKenzie 316, 331 Hillcrest Family Services 50, 288, 316, 332, 333 Hillcrest Road 50 Hills and Dales Senior Center 77, 187 Hilltop Park 231 Hilton Garden Inn / Houlihan's Restaurant 290 Hingtgen, Doris 294, 303 Hingtgen, Gerald 47, 81 Hingtgen, Judy 81 Hingtgen, Kelly 45, 229, 231 Historic District Public Improvement Program (HDPIP) 111 Historic Federal Building 9, 135, 173 422 INDEX Book 142 Historic Millwork District 13, 17, 110, 142, 156, 167, 188, 237, 246, 259, 287, 299, 327, 395 Historic Millwork District Partners 98 Historic Preservation Commission 362 Demolition Permits 165 Historic White Water Creek Bridge 39, 111 Library Signage 115 Membership 139, 152, 163, 191, 228, 236, 245 Minutes Submitted 29, 98, 110, 128, 155, 209, 229, 252, 310 Upper Central Avenue Commercial Historic District 166 Historic Preservation Task Force Minutes Submitted 263 Historic Preservation Technical Assistance Program 362 Historic Resource Development Program (HRDP) 130, 131, 146 Historic White Water Creek Bridge 39, 111, 113, 300, 313, 314, 330, 399 Historical and Architectural Survey and Evaluation 241 HM Life 173 Hoffman, Adam 216 Holdiman, Gay 81 Holiday Inn Dubuque Five Flags 391 Holliday Addition 58 Holliday Drive 58 Holliday Third Addition 171, 190, 205 Holt, Jeffrey Glen 1, 12 Holy Spirit Church 233 Holy Spirit Parish 125 Holz, Jim 236, 245, 265 Homelessness Prevention and Rapid Re- Housing Program (HPRP) 49, 161, 199 Hope House 155 Horsfield Construction, Inc. 164, 199 Hospice of Dubuque 310 Hostess Brands 311, 390 Hotel Julien Dubuque 331 House of China 162 Houselog, Christina 47 Housing and Community Development Department 409 Housing and Community Development Director 265 Housing Code Board of Appeals Membership 3, 8, 392, 402 Minutes Submitted 1, 287 Housing Commission Membership 130, 236, 245, 255, 257, 265, 272, 294, 303 Minutes Submitted 29, 117, 145, 229, 287, 310, 383 Housing Enterprise Zone 266, 289 Housing Trust Fund Advisory Committee Membership 265, 294, 303 Minutes Submitted 117, 263 Hoverman, Sr. Carol 57, 87 Howe, Dave 128 Hoyer, Will 217 Hughes, Gary 7 HuHot Mongolian Grill 54, 301 Human Rights Commission Membership 130, 152, 163, 210, 242, 258, 272, 300, 316, 331, 392, 402 Minutes Submitted 29, 110, 128, 145, 229, 252, 263, 395 Hunter Equity See FedEx, 2013DBQ Hunter Equity, LLC 85, 104, 111, 197 Hurm, Mary Kay 165 Hy -Vee C Stores 13, 14, 37, 163, 391 Hy -Vee Club Room 257 Book 142 INDEX 423 Hy -Vee Food Stores 85, 163, 391 Hy -Vee Gas Stores 85, 163, 290 Hy -Vee Wine & Spirits 151, 163 IA Hwy 3 99 IBM (Iowa Business Machines) 109, 229, 256, 310, 311 Ichiban Hibachi Steakhouse & Sushi Bar 331 IIW Engineers & Surveyors PC 12, 13, 36, 75, 110, 114, 117, 188, 190, 205, 214, 220, 309 Innovation Drive 51, 56, 88 Instant Replay 400 Intelligent Operations Center 311 Intelligent Technology Systems (ITS) 196 InterCity Bus Grant 232 Intercultural Competence Initiative 109 Intermodal Transportation Center 36, 99, 109, 117, 156, 232, 238, 262 International City /County Managers Association (ICMA) 297 International Society of Arboriculture 110 International Union of Operating Engineers, Local #234 254 International Union UAW Local # 94 7 Investment Oversight Advisory Commission Membership 8, 163, 191, 255, 316, 331 Minutes Submitted 29, 145, 240, 327 Iowa 32 Hike /Bike Trail 384 Iowa Alcoholic Beverages Division 276 Iowa American Planning Association (APA) 395 Iowa American Public Works 287 Iowa Arts Council 133 Iowa Commission on Volunteer Service 242 Iowa Communications Network (ICN) 399 Iowa Department of Economic Development 7, 256, See also Iowa Economic Development Authority Iowa Department of Inspections and Appeals 113 Iowa Department of Motor Vehicles 314 Iowa Department of Natural Resources 34, 35, 52, 208, 289, 313, 388 Iowa Department of Public Health 209, 265, 299 Iowa Department of Transportation 7, 33, 43, 51, 99, 112, 129, 135, 138, 158, 198, 232, 269, 288, 329 Iowa Economic Development Authority 9, 116, 146, 172, 237, 266, 300, 312 Iowa Finance Authority 128, 167, 223, 264 Iowa Great River Road Corridor 287 Iowa League of Cities 209 Iowa Mississippi River Parkway Commission 255 Iowa Municipal Professionals Academy 255 Iowa Public Art Network 133 Iowa State University Extension 170, 255 Iowa Street Market 163, 331 Iowa Supreme Court Advisory Committee 299 Iowa U.S. Green Building Council 395 Iowa Values Funds (IVF) 116, 312 Iowa Watershed Project 102 IowaWORKS - Region 1 Workforce Investment Board (RWIB) 168 Irish Hooley 215 Isenhart, Bud 262 ITC Midwest, LLC 407 Jackson Street 14, 38, 165, 167, 237, 244, 246, 259, 276, 289, 312, 384 Jacobsmeier, Joseph 1 424 INDEX Book 142 Jameson, Gary and Shirley 47, 81, 98, 117 Jansen, David 129, 146 Jester, William 395 JJR, Inc 138 Jochum, Jeffrey 8, 15 Jochum, Pam, Senator 130 John F. Kenndy Circle 138 John F. Kennedy Road 50,138,197 Jones, Claire 79 Judge Real Estate 47,137 Juergens, Sandra 310 Jule Transit System 25, 33, 196, 232, 276, 317, 383 Julien Dubuque Drive 36 Jumpers Sports Bar & Grill 162, 301 Jumpin' Jane's Indoor Party & Play Center 315 Junk and Secondhand Dealers and Pawnbrokers 194 Justice Assistance Grant (JAG) 129, 232 K K9 Olympics Performance Awards 252 K9s 4COPS 3 Kahler, Bill 16 Kaiser, Steven 253 Kalmes Breaktime Bar and Grill 138, 151 Kane, Amy 334 Kane, Kerianne 165 Kapler, Dave 255 Kaufman, Alda 207 Kaufmann Avenue 49,197 Kaune, James 190, 205 Kealy, Medora 144 Kemp, Alan 209 Ken Kringle Award 130 Kendall, Cindy 255 Kenning, Gregory and Miriam 209 Kerper Boulevard 12, 35, 114, 192, 225, 235, 257, 272, 273, 296 Key City Plating 235, 236, 257, 273 Key West Drive 86, 114, 125 Keymont Drive 266 Keywest Conoco 151,215 Kick Off to Summer 151 King, John Keith 163, 191, 255 Kinsella, Bill 3 Kivlahan Farms, L.0 267 KJWW Engineering Consultants 7 Klass, Adam 239 Klauer Construction Company 214, 300, 313, 314 Kmart Stores 120, 139, 163 Knepper Addition 218, 222 Knicker's Saloon 215, 291 Koch, David 316, 331 Kohinoor Grocers 85 Koppes, Duane 47, 81 Koster, Randall 330 Kramer, William 220 Krayer, Dorothy 259, 287 Krey, Mitzi 210 Krieg, Mark and Lisa 47 Book 142 INDEX 425 Krueger, Otto 139, 152, 236, 245 Kunde, Scott 240, 242 Kunkel Bounds 172 Kwik Star Stores 162, 163 Kwik Stop Food Mart 120, 189, 215, 233, 301, 315, 331 L L. May Eatery 301 Lammers, Carol 217 Lammers, James P., Estate of 231 Land & Water Conservation Fund 82 Landfill Equipment Operator 52, 118 Lange, Nick 190, 191, 205 Leary, Dave 168 Lee III, Howard 258, 272 Lee, Phyllis 15 LEED Certification 395 Leibold Trust, Darlene 57 Lenhart, Jeff 316, 331 Let's Roll Tobacco 36 Leubka, Karen 146, 392 Lewis, Nancy 79 Liberty Subdivision 2 Library Board of Trustees Membership 163, 191 Minutes Submitted 29, 81, 110, 128, 169, 209, 240, 253, 310, 383 Reports Submitted 1 Lift Bar, The 188 Lindstrom, Colleen B., d /b /a Dubuque by Carriage 49 Lists of Claims and Summary of Revenues 12, 29, 81, 117, 129, 383 LoBianco, Dan 29, 108, 149, 220, 335 toes, John & Rosalie, Trust 217 Long Range Planning Advisory Commission Membership 163, 191 Minutes Submitted 81, 253, 310 Long, Jacob 310, 311, 316, 327 Loras College 13, 103, 110, 301 Loras Parkway 151, 163 Los Aztecas III Mexican Restaurant 189 Los Aztecas Mexican Restaurant 257 Lounge, The 13, 14 Love, Phillip 14 Lowell Street 166 Lower Bee Branch Creek 13 Luchsinger, Richard 204, 216 Lucky 13 Tap 189, 257 Lucy Drive 146, 331, 392 Luna, Alberto 234, 245 Luther Manor 128 Lydon, Kate 143, 146 Lyons, David 36, 46, 251, 394 M MacFarlane, Robin 241 Madison Street 35, 113, 231 Madison, James 389 Main Street 132, 217, 384, 389, 407 426 INDEX Book 142 Maintenanceworker Position 12 Makris, Gina 316, 331 Maloney, Pauline 57, 87 Mandolin Inn, The 233 Manna Java World Cafe 301 Manson Road 135, 214, 288, 313 Manternach, Eric 262 Maple Street 48 March of Dimes 309 Marco's Italian American Food 120 Marella 54 Mario's Italian Restaurant 14 Marjorie Circle 331, 392 Mason Dixon Saloon 189 Master Consulting Services 36 Mathias Ham House 146 Mathy Construction Company 210 Matthew John Drive 117, 170 Mayor Pro Tem 1, 252, 298 Mayors for Peace 246 McAleece Park 238 McAuliffe Excavating, Inc 113, 231 McCann's Service, Inc. 151, 163 McCarthy, Dan 310 McCullough & Associates 7 McDermott Brothers Construction 395 McDermott Excavating 34, 50, 188, 314, 387, 399 McDermott, Dan 57 McDonald, Dan 144, 251, 334 McDonald, Ron 240 McDonough, Dennis 16 McFarland, Robin 143 McGraw -Hill Companies, Inc. 384, 389 McKnight, Donna 197 McMullen, Kathleen 257, 272 McNamara, Patrick 8, 15 McNamer Acres 329 McNamer, Marty 398 Mechanical Board Membership 57, 87 Minutes Submitted 253 Mediacom Charitable Foundation Membership 316, 331, 402 Mediacom Communications Company 157, 197, 212, 231 Meloccaro, Brian 229 Mentor Engineering, Inc. 232 Merritt, Bill and Laura 229 Meter District Amendment 237, 246, 259 Michalski, Ann 79, 91, 298 Middle Road 106, 108 Midwest Equality Coalition 155 Mihalakis, Louis 409 Miller, Charles 258, 273 Miller, Fred 8 Millstone Drive 266 Mindframe Theaters 54 Mines of Spain State Recreational Area 34, 35, 82, 85, 198, 238, 313, 329 Miron Construction Co. 114 Mississippi River Partnership Council Book 142 INDEX 427 Membership 316, 332 Monitoring Post - Construction Controls 255 Monk, Christina 245 Monks Kaffee Pub 138, 199, 301 Moody's Investors Service 318 Moracco Restaurant, The 391 Move the Mountain 157 Moyna, John 155,157 Mozena, Terry 252 MSA Professional Services, Inc. 36, 192 Mufflers, Prevention of Noise 142 Mullen Road Name Change 238 Mullin Road 238 Multicultural Family Center 98, 299 Multi - Family Rental Unit New Production 330 Murph's South End Tap 189 Murphy Construction 393 Murphy Park 72, 232, 288 MWH America's 399 My Brother's Place 243 Mya Rose Court 2 Mystique Casino 85, 129, 189, 208, 269 Mystique Community Ice Center 243, 270 N Nash, Alvin 240 Nation Endowment for the Arts (NEA) 335 National Association of Development Organizations (NADO) 310 National Citizens Survey 44 National Civic League 197, 220 National Electrical Code 2011 22 National Guard Readiness Center 314 National League of Cities 109, 309, 394 National Mississippi River Museum & Aquarium 54, 215, 233 National Park Service 82, 117 National Register of Historic Places 35, 113, 130 National Trust for Historic Preservation 29, 311 Neighborhood Recreation Program 170 Neighbor's Tap 103 Neptune IQ 407 Ness, Joan 287 Neumann Monson 156,238,262 NEXT 2017 Campaign 88 NEXT Program 192 Ninth Street 73, 75, 84, 110, 193, 220, 237 Noonan's Tap 85 North Cascade Road 43, 135, 193 North Cascade Road Developers, LLC 170, 397, 398 North End Trail 114, 189, 207, 212, 256, 388 North Fork Trails 213, 266 North Grandview Avenue 402 North Grandview Estates 197 North Ridge Estates 192, 221 Northeast Iowa School of Music 170 Northern Water Works Supply 168 Northside Bar, Inc. 54 Northwestern Mutual Life Insurance Company 240 Novelty Iron Works 167 428 INDEX Book 142 NPC International, Inc. (Pizza Hut) 14 Nutri -Ject Systems, Inc 98 NWWS 407 Nyheim, Barbara 212 0 O'Brien, Officer Shane 165 O'Connor, John 81 O'Rourke, Marina 287 Oak Park Place, LLC 231 Oberhoffer, Tom 79 O'Connor &Thomas, P.C. 15, 87, 124, 192, 258 Off Minor Bar 189, 199 Oky Doky Stores 54, 120, 138, 163, 189 Old Highway Road 314 Old Mill Road 135, 214, 329 Olive Garden Italian Restaurant 103, 314 Olson, Christine Happ 79, 191 One Thousand Friends of Iowa 327 One -Way to Two -Way Conversion (9th -11, Elm, Pine Streets) 220 Ooh La La Spa 162 Opening Doors 79, 188 Opening Doors for Emergency and Transitional Housing 188 Operation New View Community Action Agency 52, 79, 188 OPN Architects 395 ORDINANCES 408 01 -12 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by Amending Article 11 Land Subdivision to add Complete Streets Policy Language 16 02 -12 Amending Title 16, the Unified Development Code of the City of Dubuque Code of Ordinances by rescinding Ordinance 20 -10 which established regulations for a PUD Planned Unit Development District with a Planned Commercial Designation for the Historic Millwork District PUD and now being amended to allow for the Intermodal Center and an 80 -space surface parking lot 17 03 -12 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article D Electrical Code by Regulating the Approved Applications and Use of NM Cable 22 04 -12 Amending Title 16 Chapter 10 (Historic Preservation) of The City of Dubuque Code of Ordinances, Unified Development Code, by adding a new Section 16- 10- 7(B)(10) Designating the White Water Creek Bridge as a Landmark 39 05 -12 Repealing City of Dubuque Code of Ordinances Title 11 Rights of Way, Chapter 3 Cable Television, Article B Community Regulatory Commission and Article C Cable Regulatory Commission and Adopting Title 2 Boards and Commissions, Article 11 Cable Television Commission Establishing the Cable Television Commission 41 06 -13 through 12 -13 Unassigned 41 12 -12 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 3051 Brunskill Road from R -1 Single - Family Residential District to R -3 Moderate Density Multi - Family District 57 13 -12 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located near the northeast corner of Holliday and Payton Drives from PC Planned Commercial District to C -3 General Commercial District 58 14 -12 Amending Ordinance No. 5 -12 Establishing the Cable Television Commission by Removing the Thirty (30) Day Publication Requirement in Section 2 -11 -5 and Providing for Staggered Terms for Commission Members in Section 2 -11 -7 72 15 -12 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Parking, Section 9 -14- 321.602 Parking Prohibited on Designated Streets or Portions Thereof by Removing Prohibited Parking on 9th Street Due to the New Intersection Pedestrian Area 73 16 -12 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Parking, Section 9 -14- 321.666 Municipal Parking Meter District Established by Adding Parking on 9th Street Due to the New Intersection Pedestrian Area 74 Book 142 INDEX 429 17 -12 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Parking, Section 9 -14- 321.600 Prohibited in Specified Places by Adding the Traveled Portion of the Roadway as a Prohibited Place 74 18 -12 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Parking, Section 9 -14- 321.705 Prohibited Use of Parking Places or Identification Devices by Increasing the Fine for Disabled Parking Violations from $100.00 to $200.00 75 19 -12 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 2 Building, Construction, Demolition and Moving, Section 14 -2 -4 Moratorium for Construction of Other Work on Certain Streets, Areas of Facilities, by Adding a new Subsection B Establishing a Moratorium on the Issuance of Building Permits for Commercial and Residential Construction in the East -West Corridor Study Area 76 20 -12 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 4 Licensing of Vacant and /or Abandoned Buildings, Section 1 Definitions and Section 1- Relationship of License to Other Codes by Incorporating Use of the International Property Maintenance Code and Updating the Definitions of Abandoned and Vacant Buildings 89 21 -12 Amending City of Dubuque Code of Ordinances Section 13 -4 -5 (D) SFU Rate, Charges, Utility Revenues 93 22 -12 Amending the City of Dubuque Code of Ordinances Sections 13 -2C 3(B) and 13- 2C- 3(C)(7) Establishing Basic Sewer Rates for Residential and Commercial Users by Increasing the Rates 93 23 -12 Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 6 Solid Waste, Article A City or Private Collection Service, Section 13 -6A -6 Rates and Charges Established- Exceptions 94 24 -12 Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 1 Water Use and Service, Article C Rates, Section 13- 1C -1(A) Establishing Water Rates for Residential, Commercial, Industrial, and all Other Uses 96 25 -12 Amending the City of Dubuque Code of Ordinances Title 13 Public Utilities Chapter 1 Water Use and Service, Article C Rates Section 13 -1C -2 Fixing Water Rates for Fire Sprinkler Service 96 26 -12 Unassigned 97 27 -12 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by providing for the approval of an amended campus development plan for the Clarke University ID Institutional District to allow construction of a science addition and associated parking lot at the intersection of Clarke Drive and Clarke Crest Drive 105 28 -12 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at the southwest corner of Middle Road and Seippel Road from CS Commercial Service and Wholesale District to R -1 Single - Family Residential District, R -2 Two - Family Residential District, and R -3 Moderate Density Multi - Family Residential District 106 29 -12 Amending City of Dubuque Code of Ordinances Chapter 4 Central Market, Section 4 -4 -1 Market Area Delineated by Extending the South Boundary of the Market Area- Section 4 -4 -2 Farmers' Market, Display of Merchandise by Providing for the Sale of Goods Which have been Raised, Produced, Procured or Crafted by Local Vendors, and Section 4 -4 -6 Revocation of Permit by Revoking Permits for Goods Sold that were not Raised, Produced, Procured or Crafted by Local Vendors 108 30 -12 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located in the 1700 block of Rhomberg Avenue from R -2A Alternate Two - Family Residential District to R -4 Multi - Family Residential District 125 31 -12 Amending City of Dubuque Code of Ordinances Title 10 Public Ways & Property, Chapter 2 Excavations, Section 10 -2 by adding a new subsection 10 -2 -6 B to reference the policy for excavation in rights -of -way 142 32 -12 Amending City Of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 12 Equipment, Section 9 -12- 321.436 Mufflers- Prevention of Noise by modifying the requirement of proof for a violation 142 33 -12 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 3399 Eagle Point Drive from R -1 Single - Family Residential District to AG Agricultural District 152 34 -12 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 890 Cedar Cross Road from CS Commercial Service and Wholesale District to C -3 General Commercial District 153 35 -12 Amending City of Dubuque Code of Ordinances Section 13 -4 -5 (D) SFU Rate, Charges, Utility Revenues 167 430 INDEX Book 142 36 -12 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 2 Building Construction, Demolition and moving, Section 14 -2 -4 Moratorium for Construction or Other Work on Certain Streets, Areas or Facilities by extending the moratorium 193 37 -12 Amending City of Dubuque Code of Ordinances Title 16 Unified Development Code, Chapter 9 Zoning Advisory Commission Applications and Procedures, Section 16 -9 -5 -3 City Council action by extending the moratorium 193 38 -12 Amending City of Dubuque Code of Ordinances Title 16 Unified Development Code, Chapter 11 Land Subdivision, Section 16 -11 -2 Applicability by extending the moratorium 193 39 -12 Amending City of Dubuque Code of Ordinances Title 16 Unified Development Code, Chapter 13 Site Design Standards, Section 16 -13 -2 Applicability by extending the moratorium for such site plans 193 40 -12 Amending City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 6 Junk and Secondhand Dealers and Pawnbrokers By adopting a new Section 4 -6 -10 Establishing a Moratorium on the Issuance of Licenses for Junk and Secondhand Dealers and Pawnbrokers 195 41 -12 Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 4 Civic Center Advisory Commission, Section 2 -4 -12 Meetings by amending the mandatory monthly meeting requirement to a quarterly meeting requirement 195 42 -12 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 1172 Main Street from C -4 Downtown Commercial District to OC Office Commercial District 217 43 -12 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property, in conjunction with annexation, located at 1834 Creek Wood Drive From County C -1 and R -2 to City R -1 Single - Family Residential District 218 44 -12 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at the southwest corner of 16th Street and Kerper Boulevard from POS Public Open Space District to C -3 General Commercial District 225 45 -12 City of Dubuque Code of Ordinances Title 7 Police, Fire and Public Safety, Chapter 5 Offenses by adding a new Article E, Social Host Responsibility, Providing for the Regulation of Social Hosts 226 46 -12 Amending Ordinance 45 -12 which amended City of Dubuque Code of Ordinances Title 7 Police, Fire and Public Safety, Chapter 5 Offenses by adding a new Article E, Social Host Responsibility, clarifying the definition of Social Host as defined in Section 7 -5E -2 and establishing that a violation of Section 7 -5E -4 is a Municipal Infraction or Misdemeanor 247 47 -12 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 7 Operation, Section 9- 7- 321.288 Control of Vehicle to mirror the Iowa Code revision which removes bridge from B(3) and modifies the provision on construction to use road work zone for consistency as a term defined by the Iowa Code 247 48 -12 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Parking, Section 9 -14- 321.666 Municipal Parking Meter District Established by Expanding the Downtown Meter District 260 49 -12 Amending 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, Section 4 -2B -15 Suspension and Revocation Generally- Grounds, Section 4 -2B -16 Suspension and Revocation- Specific Terms- and Section 4- 2B -17 Appeal and Hearing by Providing a Notice of Violation- Opportunity for Settlement or Hearing with the Iowa Alcoholic Beverages Division 277 50 -12 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Parking, Section 9 -14- 321.621 Parking Violations- Fines by adding a provision which allows the City Manager to waive parking violation fines for emergency responders 279 51 -12 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 1 General Provisions, Section 9 -1 -321.1 Definitions by adding a definition for Road Work Zones and Chapter 16 Miscellaneous City Provisions, Division 3 Administration by adding a new provision relating to Road Work Zones 280 52 -12 Amending City of Dubuque Code of Ordinances Title 1 Administration, Chapter 7 City Officers and Employees, Section 7 Finance Director -City Treasurer Authorizing the Finance Director -City Treasurer to certify deliquent utility billing charges to the County Treasurer 281 53 -12 Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 1 Water Use and Service, Article C Rates, Section 4 Payment of Bills Providing the Procedure for Delinquent Water Service Charges, Establishing a Lien for Nonpayment of such charges, and authorizing the Finance Director -City Treasurer to certify such delinquent charges to the County Treasurer 281 54 -12 Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 2 Sewers and Sewage Disposal, Article C Rates, Section 13 -2C -5 Lien for Failure to Pay by providing the procedure for delinquent Book 142 INDEX 431 sewers and sewage disposal charges, establishing a lien for nonpayment of such charges, and authorizing the Finance Director -City Treasurer to certify such delin -quent charges to the County Treasurer 281 55 -12 Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 4 Stormwater Management, Section 11 Billing, Delinquent Accounts and Collection Procedures providing the procedure for delinquent stormwater management charges, establishing a lien for nonpayment of such charges, and authorizing the Finance Director -City Treasurer to certify such delinquent charges to the County Treasurer 281 56 -12 Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 6 Solid Waste, Article A City or Private Collection Service, Section 13 -6A -7 Charges- Billing and Collection by providing the procedure for delinquent solid waste charges, establishing a lien for nonpayment of such charges, and authorizing the Finance Director -City Treasurer to certify such delin -quent charges to the County Treasurer 282 57 -12 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 2995 Asbury from R -1 Single Family Resi - dential District to OR Office Residential Dis -trict 333 58 -12 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by providing for the amendment of Ordinance No. 2 -11 and approval of an Amended Campus Development Plan for the University Of Dubuque to allow construction of an indoor practice facility on the South Campus west of University Park Drive 334 59 -12 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article !Accessibility Code for Readily Achievable Changes, Section 14 -11 -3 Removal of Architectural Barriers if Readily Achievable by adding language to clarify that the determination of Readily Achievable within the City of Dubuque will be made by the City Manager 336 60 -12 Amending Ordinance Nos. 33 -11, Previously Amended, and 88 -02, Providing that General Property Taxes Levied and Collected Each Year on all Property Located Within the Greater Downtown Urban Renewal District of the City of Dubuque, County of Dubuque, State of Iowa, by and for the Benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other Taxing Districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with the Amended and Restated Urban Renewal Plan for the Greater Down -town Urban Renewal District 362 61 -12 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article A Building Code and Regulations, Section 14 -1A -2 International Building Code Amendments - Chapter 2 Building Construction, Demolition and Moving, Section 14 -2 -2 Application for Permit and Section 14 -2 -3 Permit Issuance- Generally by Requiring a Plan for Storage of Materials be Provided on the Application for a Building Permit, Making Renewal of a Building Permit Subject to Compliance with the Conditions on the Original Building Permit, Requiring the Storage of Construction Materials to Comply with the City Code from the Date of Issuance Through Day 179, and Requiring Compliance with the City Code and Maintenance of the Site as Determined by the City Manager from Day 180 Through Completion of the Project 381 62 -12 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Parking, Division 7 Residential Parking Permit Program, Section 9 -14- 321.736 Residential Parking Permit District D by Adding Marjorie Circle Between Pennsylvania Avenue and Amy Court and adjusting the days of the parking restrictions to cover school days only 392 63 -12 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 390 and 444 North Grandview Avenue from OR Office Residential and OS Office Service District to ID Institutional District 402 64 -12 Amending City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article A Alcoholic Beverages, Section 4 -2A -3 Prohibited Sales and Acts by adjusting the language to coincide with an amendment to the Iowa Code 406 Oswald, Tim 307,318 Our Town Grant and ArtSpace Feasibility Study 335 P Pamela Court 242 Panchero's Mexican Grill 103 Pape, Loras 81 Park and Recreation Advisory Commission 170 Membership 163, 191 432 INDEX Book 142 Minutes Submitted 240, 263, 383 Park Pavilion Rental Fees 85 Parking Division Disabled Parking Fine 75 Fourth Street Parking Ramp 98 Locust Street Parking Ramp 121 Parking Meter District Amendment 259 Parking Ticket Registration Holds 314 Parking Violations and Fines Ordinance 279 Residential Parking Permit District Amendment 392 Washington Street Parking Lot Project 395, 399 Parks, Bryce 163, 191 Parkway Street 114 Parlato, Jeff 311 Paro Food Mart 120, 163 Parsley, Thomas 231 Partial Release of Mortgage 299, 327, 329 Party Time Gift Creations 315, 331 Passenger Rail Service 117 Patricia Ann Acres Subdivision No. 3 242 Paul's Tavern 199 Pavement Marking Project 214 Payton Drive 58 PEG Capital Grant Expenditure Requests 13, 35, 135, 172, 300, 330 Pennsylvania Avenue 156, 331, 392 Peosta Street 271, 296 Pepper Sprout 391 Permeable Pavers 213 Perry, Jessi 155 Peru Road 262 PetData, Inc. 132 Peterson Addition 192, 193 Peterson Subdivision 316, 332 Peterson, David and Joyce 193 Petsch, Joel 209 Pfeiler, Tina 197 PFLAG- Dubuque Chapter 155 PFM Company 40, 165, 237 Phillips 66 /Arby's 162, 270 Pickley, Sara 318 Piekenbrock, Chip 44 Pine Street 193, 220 Pioneer's Rest Stop 151, 163 Piper Jaff ray 237, 307, 318 Pitts, Dr. Nathanial G. 314 Pitzen, Gary 263 Pizza Hut 13, 14, 102 Planned Unit Development 15 Plastic Center Inc. 132 Plats of Survey 47, 133, 149, 150, 266, 329 Plaza 20 BP /Amoco 163, 391 Plumbing Board Membership 312 Police Department 175th Anniversary 298 Police Protective Association 34, 259 Pollack, Dawn 383 Pooler, Tionna 40 Pope, Kirstin 257, 272 Port of Dubuque 271, 296, 330, 384 Book 142 INDEX 433 Port of Dubuque Marina 138 Portzen Construction 230, 240, 241, 269 Portzen, Mike 125 Pottebaum Trust, Marcellus J. 312 Preferred Health Choices 328 Pregler, John 163, 191 Presentations, Inc. 114 Preston, Brian 214 Price Industrial Electric 382 Proclamations Apples for Students Months 155 Arts and Humanities Month 287 Voices from the Warehouse — Innov8 252 Civic Awareness Month 240 Crop Walk Day 287 Day of Peace 263 Dubuque County Fair Week 208 Dubuque Noon Lions Club 90th Anniversary Week 128 Dubuque Oktoberfest Day 252 Dubuque Police Department 175th Anniversary Week 263 Hospice Month 310 Irish Hooley Day 240 Key Club Week 310 Kids to Parks Day 110 Kiwanis Peanut Days 263 LGBT Pride Month 155 Life Insurance Awareness Month 240 Make a Difference Day 298 Make a Will Month 287 Martin Luther King, Jr. Day 1 Mental Health Month 145 NCAA Division III Identity Initiative Week 110 Nursing Home Week 128 Peace Officers' Memorial Week 128 Philanthropy Day 310 Preservation Month 128 Problem Gambling Awareness Week 47 Responsible Gaming Education Week 208 Strong Healthy Students Week 47 Tour de Dubuque Ride for Hospice Day 229 Trick -or -Treat Night 287 United Way Campaign Time 240 Veterans' Appreciation Month 298 Veterans' Day 310 Week of the Young Child 117 White Cane Safety Day 298 Project Concern 79, 130, 188, 199 Project HOPE 107, 173, 231, 246 Proudly Accessible Dubuque 45, 188, 318 Public Safety Dispatchers 169, 254 Public Safety Software 228 Public Transit Infrastructure Grant (PTIG) 135 Puff N Snuff 400 Pump Room Roof Replacement Project 13 Purchase of Property 1318 Jackson Street 312 1517 Maple Street 48 1716 Grandview Avenue 72 Purchase of Service Agreements 79, 141, 187, 221, 255, 392, 405 434 INDEX Book 142 Purina Drive Weigh Scale House Building Project 10, 24, 25, 85, 232 Pusateri's Italian and American Food 36, 54 Putnam, Christine 263 Q QHQ Properties 172 Quarterly Investment Report 36, 132, 232, 312 Quinn, Bob 110 Quit Claim Deeds 133, 274, 297, 312 R R &R Mills Trucking Company 7 Race to the Top Grant 307 Racom Critical Communications 199 Radford Road 314 Radio Dubuque 113, 229, 231, 232 Rahe, Keith 25, 28, 79, 165, 290, 307, 409 Rainbo Oil Company 403 Rainbow Lounge, The 301 Rainbow Pride 155 Ralston, Archie 98, 298, 310 Ramona Street 44, 199, 242 Rathje, Adam 38 Ravada, Chandra 310 Red Light Traffic Cameras See Automated Traffic Enforcement Red Robin America's Gourmet Burgers & Spirit 270 Redflex Traffic Systems, Inc. 26 Refunding Water Revenue Capital Loan Notes Series 2010C 202 Region 1 Workforce Investment Board (RWIB) 309 Regional Planning Authority (RPA) 214 Rental Services, Inc 188 Requests for Proposals 30 -Inch Force Main 133 5th and Bluff Street Public Restroom Project Design 290 911 Center Needs Assessment 230 9th & 11th Streets One -Way to Two -Way Conversion and Downtown Traffic Analysis 2 Airport Utilities Extension 232 Alarm Panel Monitoring 84 ARC Transfer Center 301 Financial Advisory Services 173, 237 Requests for Qualifications 99, 167 Requests to Amend Planned Unit Development 87, 124, 192, 258 Requests to Rezone 1172 Main Street 217 16th Street - Kerper Blvd 192, 225 1700 Block of Rhomberg 125 1834 Creek Wood Drive 218 2995 Asbury Road 333 3051 Brunskill Road 57 3150 Asbury Road 15 3399 Eagle Point Drive 152 390 -444 N. Grandview Ave. 402 890 Cedar Cross Road 152 Holliday Addition 58 Middle Road - Seippel Road 106 Requests to Vacate 271, 296, 314, 316, 332 2125 Kerper Blvd 35 Book 142 INDEX 435 Residential Parking Permit District 146, 331, 392 RESOLUTIONS 001 -12 Adopting the Schedule of Special Assessment for a lien against the property at 1104 Riverview Drive and directing the City Clerk to certify the Schedule of Assessment to the County Treasurer and to publish notice thereof 1 002 -12 Authorizing the re- approval of the Final Plat of Liberty Subdivision of the City of Dubuque, Iowa 2 003 -12 Authorizing the City to collect delinquent grass and weed cutting and garbage collection charges in accordance with Title 6 -6- 3C2o, Title 6 -6 -4B3 & Title 6 -6B of the Code of Ordinances of the City of Dubuque, Iowa 3 004 -12 Authorizing the City to collect delinquent vacant and abandoned building and problem property charges in accordance with Title 6- 6 -3B1h, Title 6 -6 -4B3 & Title 6 -6B of the Code of Ordinances of the City of Dubuque, Iowa 6 005 -12 Approving the issuance of a Class B Beer Permit to United Automobile Workers #94, and a Class C Beer Permit to Hartig Drug Stores 7 006 -12 Approving the issuance of a Class B Hotel /Motel Liquor License to Chammps Amer cana, a Class C Beer /Liquor License to Breezer's Pub, and a Class B Wine Permit to Hartig Drug Store #4 7 007 -12 Approval of plans, specifications, form of contract, and estimated cost for the Green Alley Permeable Pavers Project (17th - 18th, Between Jackson & Washington Streets) 8 008 -12 Resolution with respect to the adoption of the Resolution of Necessity proposed for the Green Alley Permeable Pavers Project (17th - 18th, Between Jackson & Washington Streets) 8 009 -12 Approving Schedule of Assessments and estimate of total cost for the Green Alley Permeable Pavers Project (17th - 18th, Between Jackson & Washington Streets) 8 010 -12 Approving issuance of Urban Renewal Tax Increment Revenue Obligations and the execution of a Development Agreement relating thereto with A.Y. McDonald Mfg. Co. 9 011 -12 Approving the disposal of an interest in real property owned by the City of Dubuque by lease between the City of Dubuque, Iowa, and the Federal Government on behalf of Senator Harkin 9 012 -12 Approval of plans, specifications, form of contact, and estimated cost for the Purina Drive Weigh Scale House Building Project 10 013 -12 Approving the Final Plat for Giese Subdivision in the City of Dubuque, Iowa 12 014 -12 Accepting the Pump Room Roof Replacement Project and authorizing the payment of the contract amount to the contractor 13 015 -12 Liquor License Applications, January 17, 2013 13 016 -12 Beer Permits, January 17, 2013 13 017 -12 Resolution of Intent to dispose of City interest by Grant of Easement for private utility to Caradco Landlord, LLC & Warehouse Development, LLC of Dubuque for an underlying portion of Washington Street 14 018 -12 Setting a public hearing on the Fiscal Year 2013 (Program Year 2012) Community Development Block Grant (CDBG) Annual Action Plan 15 019 -12 Directing the advertisement for sale of $4,380,000 General Obligation Urban Renewal Bonds Series 2012A and $7,495,000 General Obligation Bonds Series 2012B, approving electronic bidding procedures, and authorizing distribution of a Preliminary Official Statement 21 020 -12 Awarding the public improvement contract for the Purina Drive Weigh Scale House Building Project 24 021 -12 Authorizing the City to collect delinquent grass and weed cutting and garbage collection charges in accordance with Title 6 -6- 3C2o, Title 6 -6 -4B3 & Title 6 -6B of the Code of Ordinances of the City of Dubuque, Iowa 29 022 -12 Authorizing the City to collect delinquent vacant and abandoned building and problem property charges in accordance with Title 6- 6 -3B1h, Title 6 -6 -4B3 & Title 6 -6B of the Code of Ordinances of the City of Dubuque, Iowa 32 023 -12 Accepting the grant of an easement for storm sewer, underground electric, fiber optic cable, traffic signals and other appurtenances through, under and across a part of City Lot 328 in the City of Dubuque (S80 Central Avenue) 33 024 -12 Approving the agreement between the City of Dubuque, Iowa, and the Dubuque Police Protective Association and authorizing the Mayor to sign the Agreement 34 025 -12 Awarding public improvement contract for the Green Alley Permeable Pavers Project (17th - 18th, Between Jackson and Washington Streets) 34 026 -12 Endorsing the Submission of a Revitalize Iowa's Sound Economy (RISE) Application to the Iowa Department of Transportation for the construction of the proposed US Highway 20 and Seippel Road Interchange 35 436 INDEX Book 142 027 -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 36 028-12 Approving a permit as a tobacco products retailer as provided by Iowa Code Section 453A.47A 36 029 -12 Resolution of Intent to dispose of an interest in City of Dubuque real estate and fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the proposed issuance of Urban Renewal Tax Increment Revenue Obligations and the execution of a Development Agreement relating thereto with Leo A. Theisen and Theisen Supply, Inc., and providing for the publication of notice thereof 37 030 -12 Granting easement for private utility to Caradco Landlord, LLC & Warehouse Development, LLC of Dubuque for an underlying portion of Washington Street 38 031 -12 Disposing of City interest by Grant of Easement to Caradco Landlord, LLC & Warehouse Development, LLC of Dubuque for an underlying portion of Washington Street 38 032 -12 Directing the sale of General Obligation Urban Renewal Bonds Series 2012A 40 033 -12 Directing the sale of General Obligation Bonds Series 2012B 40 034 -12 Authorizing the Redemption of outstanding General Obligation Capital Loan Notes Series 2010F dated September 20, 2010 40 035 -12 Approving the Iowa Department of Transportation Federal Aid Funding Agreement (Agreement No6- 11-STPU-21) for the North Cascade Road Bridge Replacement Project, Iowa DOT Project No. STP -U -2100 (671)- -70 -31 44 036 -12 Approving an Application for State Revolving Loan Fund Secondary Funding for the Bee Branch Watershed Green Infrastructure Project 52 037 -12 Approving the Plat of Survey for Catfish Creek in the City of Dubuque 47 038-12 Approving property tax abatement applications submitted by property owners in recognized Urban Revitalization Areas and authorizing the transmittal of the approved applications to the City Tax Assessor48 039 -12 Approving the acquisition of real estate owned by Anthony C. (Tony) and Debra Zenner in the City of Dubuque was adopted 48 040 -12 Accepting the Catfish Creek Pumping Station Generator Project and authorizing the payment of the contract amount to the contractor 49 041 -12 Accepting the Kaufmann Avenue Utility Project (John F. Kennedy Road to Chaney Road) and authorizing the payment of the contract amount to the contractor 50 042 -12 Accepting the grant of an easement for storm sewer under and across a part of Lot 1 and Lot 2 -2 of Peterson Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa 50 043 -12 Approving the Iowa Department of Transportation Funding Agreement (Agreement No. 2012 -12 -023) for the improvements to US Highway 52 (From US 151/61 to Grandview Avenue) 51 044 -12 Approving the Acquisition Plat of Lot A of Lot 3 of Dubuque Industrial Center North First Addition in the City of Dubuque, Dubuque County, Iowa 51 045 -12 Approving a purchase of services agreement with the Crescent Community Health Center and Operation New View to provide services in the Engine House #1 Building 52 046 -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 54 047 -12 Setting the date for the public hearing on the Fiscal Year 2013 Budget for the City of Dubuque 55 048-12 Setting the date for the public hearing on the Five -Year Capital Improvement Program for Fiscal Years 2013 through 2017 for the City of Dubuque 55 049 -12 Resolution of Intent to dispose of an interest in real property owned by the City of Dubuque by lease between the City of Dubuque, Iowa and Flint Hills Resources Pine Bend, LLC, a Delaware Limited Liability Company 55 050 -12 Approving Plat of Lot 1 -B and 2 -B of Dubuque Industrial Center North First Addition in the City of Dubuque, Dubuque County, Iowa 56 051 -12 Resolution of intent to vacate a portion of Innovation Drive in the City of Dubuque, Dubuque County, Iowa 56 052 -12 Approving a development agreement providing for the sale of 5.7 acres in the Dubuque Industrial Center West to Leo A. Theisen and Theisen Supply, Inc 58 053 -12 Authorizing and Providing for the issuance of $4,380,000 General Obligation Urban Renewal Bonds, Series 2012A, and levying a tax to pay said bonds 59 054 -12 Appointing Wells Fargo Bank, National Association of Minneapolis, Minnesota, to serve as paying agent, bond registrar, and transfer agent, approving the paying agent and bond registrar and transfer agent agreement and authorizing the execution of the agreement 59 Book 142 INDEX 437 055 -12 Authorizing and providing for the issuance of $7,495,000 General Obligation Bonds, Series 2012B, and levying a tax to pay said bonds 59 056 -12 Appointing Wells Fargo Bank, National Association of Minneapolis, Minnesota, to serve as paying agent, bond registrar, and transfer agent, approving the paying agent and bond registrar and transfer agent agreement and authorizing the execution of the agreement 59 057 -12 Approving the purchase of real estate from Janet C. Scott 72 058-12 Adopting the East -West Corridor Connectivity Study Final Report (September 2010) 76 059 -12 Authorizing the execution of a 28E Agreement with the Dubuque Soil and Water Conservation District regarding the implementation of water resource restoration projects 80 060 -12 Adopting Supplement No. 7 to the Code of Ordinances of the City of Dubuque, Iowa 82 061 -12 Accepting the Grand River Center Exhibit Hall Carpet Replacement Project and authorizing the payment of the contract amount to the contractor 82 062 -12 Authorizing LWCF Grant application to the Iowa Department of Natural Resources for acquisition and development of the E.B. Lyons Interpretive Area addition 83 063 -12 Authorizing Approving the Final Plat of Wingate Place No. 5 in the City of Dubuque, Iowa 83 064 -12 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 Li- censes and Permits 85 065 -12 Resolution of Intent to dispose of an interest in City of Dubuque real estate and fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the proposed and the execution of a development agreement relating thereto with Hunter Equity, LLC and providing for the publication of notice thereof 85 066 -12 Approving application for voluntary annexation of territory to the City of Dubuque, Iowa 86 067 -12 Approving the disposal of an interest in real property owned by the City of Dubuque by lease between the City of Dubuque, Iowa and Flint Hills Resources Pine Bend, LLC 87 068-12 Vacating a portion of Innovation Drive in the City of Dubuque, Dubuque County, Iowa 88 069 -12 Approving the Final Plat of Dubuque Industrial Center North Second Addition in the City of Dubuque, Iowa 89 070 -12 Adopting the City of Dubuque Fiscal Year 2013 Annual Budget 91 071 -12 Adopting the City of Dubuque Five -Year Capital Improvement Plan 91 072 -12 Rescinding Resolution No. 73 -10, Establishing a Schedule of Development Services Fees, and Adopting in lieu thereof a New Schedule of Development Services Fees as provided in Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code 92 073 -12 Adopting the Fiscal Year 2013 (Program Year 2012) Community Develop -ment Block Grant (CDBG) Annual Action Plan 92 074 -12 Adopting the Five -Year Street Construction Program for Fiscal Years 2013 -2017 93 075 -12 Accepting the Dubuque Packing Company Memorial and authorizing payment of the contract to the contractor 99 076 -12 Adopting the Schedule of Assessments for delinquent water, sewer, refuse and stormwater accounts and directing the City Clerk to certify the Schedule of Assessments to the County Treasurer and to publish notice thereof 100 077 -12 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 Li- censes and Permits 103 078-12 Preliminary 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 ordering the advertisement for bids (Dubuque Industrial Center South Grading & Utilities - 2012 Project, Phase I) 103 079 -12 Approving a Development Agreement providing for the sale of 12.4 acres in the Dubuque Industrial Center West to Hunter Equity, LLC 104 080-12 Rescinding Resolution 66 -12, Approving application for voluntary annexation of territory to the City of Dubuque, Iowa, and in lieu thereof adopting a new resolution approving application for voluntary annexation of territory to the City of Dubuque, Iowa. 107 081-12 Endorsing the submission of a Tiger IV Grant application to the Federal Transit Administration (FTA) to fund Phase 11 of the Intermodal Transportation Center 109 081A -12 Approving the Assignment of the Development Agreement between the City of Dubuque, Iowa, and Hunter Equity, LLC to 2013 Dubuque, LLC 111 082-12 Accepting the Fire Station No. 5 Roof Replacement Project and authorizing the payment of the contract amount to the contractor 111 438 INDEX Book 142 083 -12 Accepting the Fire Headquarters Roof Replacement Project -2011 and authorizing the payment of the contract amount to the contractor 112 084 -12 Approving the Iowa Department of Transportation (DOT) Agreement for Safe Routes to School Program Project (Iowa DOT Agreement 10 -SRTS -011) for Dubuque school safety improvements 113 085 -12 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 114 086 -12 Setting the date for the public hearing on Amendment No. 2 to the Fiscal Year 2012 Budget for the City of Dubuque setting a public hearing for a meeting to commence at 6 30 p.m. on April 16, 2012 in the Historic Federal Building 114 087 -12 Approval of plans, specifications, form of contract, and estimated cost for the Dubuque Industrial Center South Grading & Utilities 2012 Project, Phase I 115 088 -12 Approving an Iowa Values Fund Financial Assistance Contract by and among the Iowa Economic Development Authority, the City of Dubuque and A.Y. McDonald Mfg. Co. 116 089 -12 Accepting the grant of an easement for storm sewer under and across Lot 2 Harvest View Estates 4th Addition in the City of Dubu -que, Dubuque County, Iowa 118 090 -12 Accepting the grant of an easement for storm sewer under and across Lot 3 Harvest View Estates 4th Addition in the City of Dubuque, Dubuque County, Iowa 118 091 -12 Approving applications for beer, liquor, and /or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Busi -ness and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits 120 092 -12 Approving applications for retail cigarette /tobacco sales permits, as required by Iowa Code 453A47A 120 093 -12 Fixing date for a meeting on the proposition of the issuance of not to exceed $475,000 of General Obligation Bonds and providing for publication of notice thereof 121 094 -12 Fixing date for a meeting on the proposition of the issuance of not to exceed $600,000 of General Obligation Bonds and providing for publication of notice thereof 121 095 -12 Fixing date for a meeting on the proposition of the issuance of not to exceed $700,000 of General Obligation Bonds and providing for publication of notice thereof 122 096 -12 Fixing date for a meeting on the proposition of the issuance of not to exceed $8,650,000 General Obligation Bonds (for Essential Corporate Purposes) of the City of Dubuque, Iowa, and providing for publication of notice thereof 123 097 -12 Fixing date for a meeting on the proposition of the issuance of not to exceed $5,575,000 General Obligation Bonds (for Essential Corporate Purposes) of the City of Dubuque, Iowa, and providing for publication of notice thereof 123 098 -12 Approving application for voluntary annexation of territory to the City of Dubuque, Iowa 125 099 -12 Amending the current budget for the Fiscal Year ending June 30, 2012 (as amended last on September 29, 2011) 126 100 -12 Adopting Supplement No. 8 to the Code of Ordinances of the City of Dubuque, Iowa 129 101 -12 Authorizing Execution of a Community Development Block Grant Agreement with the U.S. Department of Housing and Urban Development 129 102 -12 Approving a contract for watershed planning between the City of Dubuque, Iowa, and the Dubuque Soil and Water Conservation District 130 103 -12 Authorizing HRDP grant application to the State Historical Society of Iowa for Barn Restoration Project at Four Mounds Estate Historic District 130 104 -12 Authorizing HRDP grant application to the State Historical Society of Iowa for Phase VI Historical /Architectural Survey and Evaluation 131 105 -12 Authorizing request for release of Community Development Block Grant Funds for Fiscal Year 2013 (Program Year 2012) 131 106 -12 Approving the Second Amendment to the Plastic Center, Inc., Development Agreement 132 107 -12 Approving Plat of Survey of Lot 1 and Lot 2 of Bee Branch Subdivision No. 9 in the City of Dubuque, Dubuque County, Iowa 133 108 -12 Accepting a conveyance of property the North % of the West 25 Feet of Lot 760 of A. McDaniels Subdivision 133 109 -12 Accepting a Conveyance of property the South % of the West 25 Feet of Lot 760 of A. McDaniels Subdivision 133 110 -12 Accepting a conveyance of property Lot 31 Of Levi's Addition in the City of Dubuque 133 111 -12 Accepting a conveyance of property Book 142 INDEX 439 Lot D of Block 12 of Key Knolls Subdivision in the City of Dubuque 133 112 -12 Accepting a conveyance of property Lot 3 of Lot 1 of Mineral Lot 233 in the City of Dubuque 133 113 -12 Authorizing 2011 HMGP Grant Agreement and related contracts for buyout of four flood- damaged properties 135 114 -12 Approving an Intergovernmental 28E Funding Agreement between the City of Dubuque and Dubuque County for the North Cascade Road Bridge Replacement Project, Iowa DOT Project No. STP -U -2100 (671) 5E -31 135 115 -12 Authorizing the City to collect delinquent vacant and abandoned building and problem property charges in accordance with Title 6- 6 -3B1h, Title 6 -6 -4B3 & Title 6 -6B of the Code of Ordinances of the City of Dubuque, Iowa 136 116 -12 Authorizing the City to collect delinquent garbage collection charges in accordance with Title 6 -6- 3C2o, title 6 -6 -4B3 & Title 6 -6B of the Code of Ordinances of the City of Dubuque, Iowa 137 117 -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 138 118 -12 Approving the applications for retail cigarette /tobacco sales permits, as required by Iowa Code 453A.47A 138 119 -12 Instituting proceedings to take additional action for the authorization and issuance of not to exceed $475,000 General Obligation Bonds 139 120 -12 Instituting proceedings to take additional action for the issuance of not to exceed $600,000 General Obligation Bonds 139 121 -12 Instituting proceedings to take additional action for the issuance of not to exceed $700,000 General Obligation Bonds 140 122 -12 Instituting proceedings to take additional action for the issuance of not to exceed $8,650,000 General Obligation Bonds 140 123 -12 Instituting proceedings to take additional action for the issuance of not to exceed $5,575,000 General Obligation Bonds 141 124 -12 Approving 28E Agreement for the Catfish Creek Watershed Management Authority 142 125 -12 Authorizing HRDP Grant application to the State Historical Society of Iowa for the restoration project at Mathias Ham House historic site 146 126 -12 Approving the Brownfield /Grayfield Redevelopment Tax Credit application to the Iowa Economic Development Authority on behalf of Caradco Landlord, LLC 146 127 -12 Adopting the Schedule of Assessments for delinquent water, sewer, refuse and stormwater accounts and directing the City Clerk to certify the Schedule of Assessments to the County Treasurer and to publish notice thereof 147 128 -12 Approving the Plat of Survey Lot 1 and Lot 2, Dubuque Industrial Center West 9th Addition in City of Dubuque, Iowa 149 129 -12 Approving the Plat of Survey of Lot 1 and 2 of Bee Branch Subdivision No 7 in City of Dubuque, Iowa 150 130 -12 Approving the Plat of Survey of Lot 1 and 2 of Bee Branch Subdivision No. 8 in City of Dubuque, Iowa 150 131 -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 151 132 -12 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing for June 4, 2012 on plans, specifications, form of contract, and estimated cost (Loras Parkway Project, Iowa DOT Project No. TCSP -PA27 (003) - -95-31) 151 133 -12 Directing the advertisement for sale of $6,965,000 Taxable General Obligation Bonds, Series 2012C and $7,595,000 General Obligation Bonds, Series 2012D, approving electronic bidding procedures, and authorizing distribution of a Preliminary Official Statement 153 134 -12 Accepting the Grant of Easement for floodwall improvements over and across part of Lot 2 of Lot 2 of the Southeast 1/4 of the Southeast 1/4 of Section 21, T89N, R2E 5th P.M. in the City of Dubuque, Dubuque County, Iowa 156 135 -12 Naming Depositories 156 136 -12 Approving a contract amendment for watershed planning between the City of Dubuque, Iowa, and the Dubuque Soil and Water Conservation District 157 137 -12 Rejecting all competitive bid proposals received for the Dubuque Industrial Center South Grading and Utilities -2012 Project, Phase l and directing the City Clerk to re- advertise for the project 157 440 INDEX Book 142 138 -12 Approving State of Iowa Federal -Aid Grade Crossing Surface Repair Agreement for the construction of surface improvements at the railroad crossing located at East 16th Street (Agreement 376127D) 158 139 -12 Approving the Consultant Professional Services Supplemental Agreement No. 11 between AECOM Technical Services, Inc. and the City of Dubuque for the final engineering design phase of the Southwest Arterial Project 159 140 -12 Accepting the Sunset Ridge Reconstruction Project and authorizing the payment of the contract amount to the contractor 159 141 -12 Adopting the final assessment schedule for the Sunset Ridge Reconstruction Project 159 142 -12 Approving an application for flood disaster funding to the EDA for the Bee Branch Creek Restoration Project 161 143 -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 162 144 -12 Approving applications for retail cigarette /tobacco sales permits, as required by Iowa Code 453A47A 162 145 Approval of plans, specifications, form of contract, and estimated cost for the Loras Parkway Project (Iowa DOT Project No. TCSP- PA27(003)-- 95 -31) 164 146 -12 Approving a Subgrantee Agreement between the City of Dubuque and Loras College for the Loras College Parkway PCC Pavement - Grade and Replace Project (Iowa DOT Project No. TCSP- PA27(003)-- 95 -31) 164 147 -12 Awarding Public Improvement Contract for the Loras Parkway PCC Pave -ment - Grade and Replace Project (Iowa DOT Project No. TCSP- PA72(003)-- 95 -31) 164 148 -12 Directing the sale of Taxable General Obligation Bonds Series 2012C 165 149 -12 Directing the sale of General Obligation Bonds Series 2012D 165 150 -12 Authorizing the filing of a State of Iowa Financial Assistance application on behalf of Heartland Financial USA, Inc 166 151 -12 Resolution of Support to the Iowa Economic Development Authority, on behalf of Tim McNamara /Wilmac Property Group for submittal of an application for a CDBG Disas -ter Multi - Family Unit Production Round 4 Ap- plication 167 152 -12 Accepting the City of Dubuque, Iowa, Water Meter Replacement Project 168 153 -12 Accepting the grant of an easement for storm sewer under and across Lot 1 Blosch Property in the City of Dubuque, Dubuque County, Iowa 170 154 -12 Accepting improvements in Timber -Hyrst Estates #2 in the City of Dubuque, Iowa 170 155 -12 Accepting a conveyance of property (Plaza 20) 171 156 -12 Accepting a conveyance of property (Neumeister) 171 157 -12 Accepting improvements in Holliday Third Addition in the City of Dubuque, Iowa 172 158 -12 Authorizing repairs to the storm and sanitary sewer infrastructure (piping and gates) at the Terminal Street Pumping Station 172 159 -12 Appointing Wells Fargo Bank, National Association of Minneapolis, Minnesota, to serve as paying agent, bond registrar, and transfer agent, approving the paying agent and bond registrar and transfer agent agreement and authorizing the execution of the agreement 173 160 -12 Authorizing and providing for the issuance of $6,965,000 Taxable General Obliga -tion Bonds, Series 2012C, and levying a tax to pay said bonds 173 161 -12 Appointing Wells Fargo Bank, National Association of Minneapolis, Minnesota, to serve as paying agent, bond registrar, and transfer agent, approving the paying agent and bond registrar and transfer agent agreement and authorizing the execution of the agreement 173 162 -12 Authorizing and providing for the issuance of $7,175,000 General Obligation Bonds, Series 2012D, and levying a tax to pay said bonds 173 163 -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 188 164 -12 Approving applications for retail cigarette /tobacco sales permits, as required by Iowa Code 453A47A 189 165 -12 Preliminary 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 ordering the advertisement for bids (North End Trail Light -ing Project) 189 166 -12 Resolution of intent to dispose of City interest and vacate sanitary sewer easement over Lot 7 and Lot 2 of 8 in Holliday Third Addition in the City of Dubuque, Dubuque County, Iowa 190 Book 142 INDEX 441 167 -12 Resolution of intent to dispose of City interest and vacate a storm sewer easement over Lot 1 Holliday Third Addition in the City of Dubuque, Dubuque County, Iowa 191 168 -12 Approving the Final Plat of Peterson Addition in the County of Dubuque, Iowa 192 169 -12 Accepting the Kaufmann Avenue HMA Resurfacing Project (John F. Kennedy Road to Carter Road), Iowa DOT Project No. STP -U -2100 (662)- -70 -31 and authorizing the payment of the contract amount to the contractor 197 170 -12 Authorizing State Recreational Trails Grant Application to Iowa Department of Transportation for development of the Mines of Spain Trail and Trailhead 198 171 -12 Adopting Supplement No. 9 to the Code of Ordinances of the City of Dubuque, Iowa 198 172 -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 199 173 -12 Approving applications for retail cigarette /tobacco sales permits, as required by Iowa Code 453A47A 199 174 -12 Accepting the deed to certain real estate in Dubuque County, Iowa from WP Investments, LLC (East of Lot 252) 200 175 -12 Accepting the deed to certain real estate in Dubuque County, Iowa from WP Investments, LLC (Tracs I, II &III) 200 176 -12 Resolution of Intent to dispose of an interest in City of Dubuque real estate and fixing the date for a public hearing of the City Council of The City Of Dubuque, Iowa on the proposed issuance of Urban Renewal Tax Increment Revenue Obligations and the execution of a Development Agreement relating thereto with Leo A. Theisen and Theisen Supply, Inc. and providing for the publication of notice thereof 201 177 -12 Fixing date for a meeting on the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $3,058,000 Sewer Revenue Capital Loan Notes of City of Dubuque, Iowa, and providing for publication of notice thereof 202 178 -12 Fixing date for a meeting on the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $9,400,000 Sewer Revenue Capital Loan Notes of the City of Dubuque, Iowa, and providing for publication of notice thereof 203 179 -12 Disposing of City interest in a sanitary sewer easement over and across Lot 7 and Lot 2 of 8 in Holliday Third Addition in the City of Dubuque, Dubuque County, Iowa 205 180 -12 Release of sanitary sewer easement over and across Lot 7 and Lot 2 of 8 in Holliday Third Addition in the City of Dubuque, Dubuque County, Iowa 205 181 -12 Approving plat of storm sewer easement 206 182 -12 Disposing of City interest in a storm sewer easement on Lot 1 of Holliday Third Addition in the City of Dubuque, Dubuque County, Iowa 206 183 -12 Release of storm sewer easement over Lot 1 Holliday Third Addition in the City of Dubuque, Dubuque County, Iowa 206 184 -12 Approval of plans and specifications, form of contract and estimated cost for the North End Neighborhood Trial Lighting Project 207 185 -12 Accepting the Central Avenue HMA Resurfacing Project, from 21st to 32nd Street, Iowa DOT Project No. STPN- 052- 2(106)- -2j -31 and authorizing the payment of the contract amount to the contractor 210 186 -12 Authorizing approval of the Final Plat of Sky Blue Estates in the City of Dubuque, Iowa 210 187 -12 Award of contract (North End Neighborhood Trail Lighting Project) 212 188 -12 Accepting stormwater detention facilities and Lot G in Eagle Valley Subdivision in the City of Dubuque, Iowa, 212 189 -12 Accepting the Harlan Street Sanitary Sewer Reconstruction Project and authorizing the payment of the contract amount to the contractor 213 190 -12 Amending Resolution No. 1 -10 which established conditions of acceptance of public improvements In North Fork Trails - Lots 10 through 18 and Lots A and B 213 191 -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 214 192 -12 Preliminary 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 ordering the advertisement for bids (5 Points Signal Reconstruction Project) 215 193 -12 ARC Transfer Center Phase I Canopy -2012 Project preliminary 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 ordering the advertisement for bids 216 442 INDEX Book 142 194 -12 Disposing of City interest in real property by the sale of 5.7 acres in the Dubuque Industrial Center West to Leo A. Theisen and Theisen Supply, Inc 217 195 -12 Instituting proceedings to take additional action for the authorization of a loan and disbursement agreement and the issuance of not to exceed $9,400,000 Sewer Revenue Capital Loan Notes 218 196 -12 Instituting proceedings to take additional action for the authorization of a loan and disbursement agreement and the issuance of not to exceed $3,058,000 Sewer Revenue Capital Loan Notes 219 197 -12 Approving the conversion of Ninth, Tenth, Eleventh, Elm and Pine Streets from one -way to two -way traffic 220 198 -12 Authorizing approval of the Final Plat of North Ridge Estates in the City of Dubuque, Iowa 221 199 -12. Approving application for voluntary annexation of territory to the City of Dubuque, Iowa 222 200 -12 Awarding public improvement contract for the Dubuque Industrial Center South Grading & Utilities 2012 Project, Phase 1 223 201 -12 Approving and authorizing Amendment to Loan and Disbursement Agreement by and between the City of Dubuque and the Iowa Finance Authority, and authorizing and providing for the issuance of the $74,285,000 Sewer Revenue Capital Loan Note, Series 2010E, of the City 223 202 -12 Amending Resolution No. 160 -12 Authorizing Issuance Of $6,965,000 Taxable General Obligation Bonds, Series 2012C, adopted June 18, 2012 224 203 -12 Accepting the 7th Street Retaining Wall Reconstruction Project and authorizing the payment of the contract amount to the contractor 230 204 -12 Accepting the Madison Street Retaining Wall Repair Project and authorizing the payment of the contract amount to the contractor 231 205 -12 Accepting the Purina Drive Weigh Scale House Building Project and authorizing the payment of the final contract amount to the contractor 232 206 -12 Approving applications for beer, liquor, and /or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits 233 207 -12 Resolution of Necessity finding that certain areas adjacent to the Greater Downtown Urban Renewal District meet the definition of an Economic Development Area under the Urban Renewal Law, and that development of said areas is necessary in the interest of the residents of the City of Dubuque, Iowa 233 208 -12 Resolution of Intention to Dispose of City -owned property, specifically, Lot 2 of Lot 2 of the East % of Lot 90, and Lot 1 of Lot 1 of the East % of Lot 91, in East Dubuque Addition, in the City of Dubuque, Iowa, according to the recorded plat thereof - 1777 Washington Street 234 209 -12 Resolution of intention to dispose of City -owned property, Lot 1 Bee Branch Sub. No. 4, in the City of Dubuque, Iowa according to the recorded plat thereof - 2312 Washington Street 235 210 -12 Approving a plat of the proposed vacating of a portion of Kerper Boulevard 235 211 -12 Resolution of intent to vacate and dispose of city interest in a portion of Kerper Boulevard, to be known as Lot 2A of McGraw -Hill Key City Plating Re -Plat in the City of Dubuque, Dubuque, County, lowa235 212 -12 Approval of plans, specifications, form of contract, and estimated cost for the 5 Points Traffic Signal Reconstruction Project — Rebid 236 213 -12 Approval of plans, specifications, form of contract, and estimated cost for the ARC Transfer Center Phase I Canopy - 2012 Project 237 214 -12 Authorizing the filing of an application for state financial assistance on behalf of Rousselot, Inc 238 215 -12 Authorizing REAP grant application to the Iowa Department of Natural Resources for E. B. Lyons Interpretive Area Addition at the Mines of Spain 238 216 -12 Awarding construction contract for 5 Points Traffic Signal Reconstruction Rebid Project 240 217 -12 Authorizing HRDP Grant Application to the State Historical Society of Iowa for Phase VI Historic /Architectural Survey and Evaluation 241 218 -12 Approving the adopting of the Dubuque County Multi- Jurisdictional Hazard Mitigation Plan, and requesting approval of Plan at the federal level 241 219 -12 Approving the Final Plat of Patricia Ann Acres Subdivision No. 3 in the City of Dubuque, Iowa 242 220 -12 Accepting the Ramona Street Panel Replacement, from Mt. Loretta to Adeline Street Project, and authorizing the payment of the contract amount to the contractor 242 221 -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 243 222 -12 Preliminary 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 ordering the advertisement for bids SEP Green Alley Project (between Jackson and Washington Streets from 16th to 17th Streets and between Jackson and White Streets from 17th to 18th Streets) 244 Book 142 INDEX 443 223 -12 Resolution of Intent to vacate and dispose of City interest in storm sewer and access easements over and across a part of Lot 1 of Dubuque Industrial Center North Second Addition in the City of Dubuque, Iowa 244 224 -12 Approving the sale of real estate located at 1777 Washington Street, in the City of Dubuque, Iowa 245 225 -12 Approving the sale of real estate located at 2312 Washington Street, in the City of Dubuque, Iowa 246 226 -12 Accepting the Grant of Easement for sidewalk through, under and across part of Lot 1 of 1 of Adams Company's 4th Addition in the City of Dubuque, Iowa 253 227 -12 Accepting the grant of an easement for storm sewer and access through, over and across a part of Lot 1 of Dubuque Industrial Center North Second Addition in the City of Dubuque, Iowa 253 228 -12 Approving Plat of Survey of Lot 1 and Lot 2 of the Northwest Quarter of the Northwest Quarter of Section 27, Township 88 North, Range 2 East of the Fifth Principal Me- ridian, Dubuque County, Iowa 254 229 -12 Approving Plat of Survey of Lot 1 and Lot 2 of the Southwest Quarter of the Southwest Quarter of Section 22, Township 88 North, Range 2 East of the Fifth Principal Meridian, Dubuque County, Iowa 254 230 -12 Approving the City of Dubuque Fiscal Year 2012 City Street Financing Report 255 231 -12 Adopting Supplement No. 10 to the Code of Ordinances of the City of Dubuque, Iowa 256 232 -12 Resolution of support and financial commitment for the Main Street Program in Dubuque 256 233 -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 256 234 -12 Setting the date for the public hearing on Amendment No. 1 to the Fiscal Year 2013 Budget for the City of Dubuque 257 235 -12 Disposing of City interest in storm sewer and access easements on Lot 1 Dubuque Industrial Center North Second Addition in the City of Dubuque, Dubuque County, Iowa 258 236 -12 Approval of plans, specifications, form of contract, and estimated cost for the Green Alley Permeable Pavers Supplemental Environmental Project (Between Jackson and Washington Streets from 16th to 17th and between Jackson and White Streets from 17th to 18th) 259 237 -12 Preliminary 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 ordering the advertise- ment for bids (Grand River Convention Center Floor Settlement Remediation Project) 261 238 -12 Authorizing execution of a Com- munity Development Block Grant Recovery (CDBG -R) Grant Closeout Agreement with the U.S. Department of Housing and Urban Development (HUD) 263 239 -12 Authorizing the submission of a Consolidated Annual Performance and Evaluation Report (CAPER) for the period commencing July 1, 2011 and concluding June 30, 2012 264 240 -12 Approving commitment of matching funds for an application to the Iowa Finance Authority (IFA) for state housing trust funds 264 241 -12 Authorizing certain designated employees of the City of Dubuque authori - zation to execute checks on behalf of the City of Dubuque 265 242 -12 Approving a Housing Enterprise Zone Program Agreement by and among the Iowa Economic Development Authority, the City of Dubuque and Wilmac Property Company 266 243 -12 Approving the Plat of Survey of North Fork Trails No. 4 in the City of Dubuque, Iowa 266 244 -12 Approving the Final Plat of Harvest View Estates 11th Addition in the City of Dubuque, Iowa 266 245 -12 Accepting Phase 1 of the fire Hydrant Painting Program and authorizing the payment of the contract amount to the contractor 267 246 -12 Accepting stormwater detention facilities in Arbor Estates Phase 3 267 247 -12 Accepting a conveyance of property described as Lot 12 of Block 9 and Lot 15 of the replat of Lot 15 in Block 7 all in Arbor Estates in the City of Dubuque, Dubuque County, Iowa 267 248 -12 Adopting the Final Schedule of Assessments for the 2012 Public Right -of -Way Sidewalk Repair Assessment Project 268 249 -12 Accepting the 2012 Brick Manhole Replacement Project and authorizing the payment of the contract amount to the contractor 269 250 -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 270 251 -12 Fixing Date for a meeting on the proposition of the issuance of not to exceed $950,000 General Obligation Refunding Bonds, Series 2012G, (for an Essential Corporate Purpose) of the City of Dubuque, Iowa, and providing for publication of notice thereof 270 252 -12 Preliminary 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 ordering the advertisement for bids (Port of Dubuque Watermain Extension Project) 271 444 INDEX Book 142 253 -12 Resolution of Intent to vacate and dispose of City interest in a portion of Peosta Street to be known as Lot A of Giese Subdivi -sion in the City of Dubuque, Iowa 272 254 -12 Approving Plat of Proposed Vacated Peosta Street 272 255 -12 Vacating a portion of Kerper Boulevard abutting Lot 2 of McGraw -Hill, Key City Plating Replat in the City of Dubuque, Iowa, at 2500 Kerper Boulevard 273 256 -12 Disposing of City interest in Lot 2A of McGraw -Hill, Key City Plating Replat in the City of Dubuque, Dubuque County, Iowa 273 257 -12 Amending the current budget for Fiscal Year Ending June 30, 2013 274 258 -12 Approval of plans, specifications, from of contract, and estimated cost for the Grand River Center floor Settlement Remediation Project 276 259 -12 Awarding public improvement contract for the SEP Green Alley Permeable Pavers Project - Between Jackson & Washington Streets from 16th to 17th and between Jackson & White Streets from 17th to 18th 276 260 -12 Delegating authority to the Finance Director -City Treasurer to prepare Schedule of Assessments for delinquent water, sewer, refuse and stormwater accounts and to certify the Schedule of Assessments to the County Treasurer and to publish notice thereof 281 261 -12 Approval of an amendment to the License Agreement regarding solar photovoltaic equipment between the City of Dubuque, Iowa, and Eagle Point Energy - 1, LLC 284 262 -12 Authorizing the Service Agreement made and entered into by and between the City Of Dubuque, Iowa and Dakota, Minnesota & Eastern Railroad Corporation, doing business as Canadian Pacific 285 263 -12 Accepting the 11th Street Stair and Handrailing Repair Project, and authorizing the payment of the contract amount to the contractor 288 264 -12 Authorizing grant application to Iowa Department of Natural Resources for creation of a Watershed Plan for the Catfish Creek Watershed Management Authority 289 265 -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 290 266 -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 Liquor, Beer and Wine Licenses and Permits 290 267 -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 291 268 -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 292 269 -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 292 270 -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 Dubu -que, Inc 293 271 -12 Approving the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District 294 272 -12 Instituting proceedings to take additional action for the issuance of not to exceed $950,000 General Obligation Re- funding Bonds, Series 2012G 295 273 -12 Approval of plans, specifications, form of contract, and estimated cost for the Port of Dubuque Watermain Extension Project 296 274 -12 Vacating a portion of Peosta Street to be known as Lot A of Giese Subdivision in the City of Dubuque, Iowa 296 275 -12 Disposing of City interest in Lot A of Giese Subdivision in the City of Dubuque, Dubuque County, Iowa 296 276 -12 Awarding the public improvement contract for the Grand River Center Floor Settlement Repair Project 297 277 -12 Releasing certain mortgages on Lot 2 Bee Branch Subdivision No. 8, in the City of Dubuque, Dubuque County, Iowa 299 278 -12 Rejecting all competitive bid proposals received for the Safe Routes to School Project, Iowa DOT Project No. SRTS -U -2100 (663) -8U -31 300 Book 142 INDEX 445 279 -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 300 280 -12 Approving applications for retail cigarette /tobacco sales permits, as required by Iowa Code 453A47A 300 281 -12 Preliminary 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 ordering the advertisement for bids (ARC Transfer Center Phase 1 Canopy - 2012 Project) 301 282 -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 302 283 -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) 303 284 -12 Instituting proceedings to take additional action for the authorization and issuance of not to exceed $700,000 General Obligation Bonds, Series 2012E 304 285 -12 Instituting proceedings to take additional action for the issuance of not to exceed $4,000,000 General Obligation Bonds, Series 2012E 305 286 -12 Instituting proceedings to take additional action for the authorization and issuance of not to exceed $12,000,000 General Obligation Bonds, Series 2012E 306 287 -12 Approving an Agreement to Terminate Leases with Bowling & Beyond Dubuque, Inc. for a building located in the Greater Downtown Urban Renewal District 307 288 -12 Directing Sale of General Obligation Refunding Bonds, Series 2012G 307 289 -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 307 290 -12 Awarding public improvement contract for the Port of Dubuque Watermain Extension Project 308 291 -12 Accepting the 2012 Brick Manhole Replacement Project Bid Package 4 and au- thorizing the payment of the contract amount to the contractor 310 292 -12 Authorizing grant application for NTHP Funds to update and consolidate design guideline manuals 311 293 -12 Approving an Iowa Values Fund Fi- nancial Assistance Contract by and among the Iowa Economic Development Authority, the City of Dubuque and Heartland Financial USA, Inc. 312 294 -12 Approving the acquisition of real estate located at 1318 Jackson Street in the City of Dubuque 312 295 -12 Authorizing REAP Grant Agreement with Iowa Department of Natural Resources for development of E.B. Lyons Interpretive Area Addition - Phase 1 at the Mines of Spain 313 296 -12 Accepting the Historic White Water Creek Bridge Relocation Project, Phase 4- Wood Decking and authorizing the payment of the contract amount to the contractor 313 297 -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 314 298 -12 Preliminary 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 ordering the advertisement for bids (Brunskill Road Bridge Reconstruction Project Iowa DOT Project No. BROS -2100 (659)81 -31) 315 299 -12 Resolution of Intent to vacate and dispose of city interest in storm sewer ease -ments over and across Lot 1 of Peterson Sub - division No. 2 in the City of Dubuque, Dubuque County, Iowa 316 300 -12 Approving the sale of real estate specifically 2513 -2515 White Street 316 301 -12 Approval of plans, specifications, form of contract, and estimated cost for the Eagle Point Water Plant Well Field Electrical Upgrades Project 317 302 -12 Approval of plans, specifications, form of contract, and estimated cost for the ARC Transfer Center Phase 1 Project 317 303 -12 Directing the sale of General Obligation Bonds Series 2012E 318 304 -12 Directing the sale of Taxable General Obligation Bonds 318 305 -12 Directing the sale of General Obligation Urban Renewal Bonds, Series 2012H 318 306 -12 Directing the sale of Taxable General Obligation Refunding Bonds, Series 20121 318 307 -12 Appointing Wells Fargo Bank, National Association of Minneapolis, Minnesota, to serve as Paying Agent, Bond Registrar, and Transfer Agent, approving the Paying Agent and Bond Registrar and Transfer Agent Agreement and authorizing the execution of the Agreement 320 308 -12 Authorizing and providing for the issuance of $950,000 General Obligation Refunding Bonds, Series 2012G, and levying a tax to pay said bonds 320 446 INDEX Book 142 309 -12 Amending the guidelines for the Downtown Housing Incentive, Downtown Rehabilitation Loan, Planning and Design Grant, Fagade Grant and Financial Consultant Grant Program within the Greater Downtown Urban Renewal District 326 310 -12 Adopting the Schedule of Assessments for 2012 and directing the City Clerk to certify the Schedule of Assessments to the County Treasurer and to publish notice thereof 328 311 -12 Authorizing State Recreational Trails Grant Agreement with Iowa Department of Transportation for development of the Mines of Spain Trail and Trailhead 329 312 -12 Approving the Plat of Survey of McNamer Acres #4 in the City of Dubuque, Iowa 330 313 -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 330 314 -12 Approving applications for retail cigarette /tobacco sales permits, as required by Iowa Code 453A47A 330 315 -12 Approval of plans, specifications, form of contract, and estimated cost for the Brunskill Road ridge Reconstruction Project, Iowa DOT NO. BROS -2100 (659)- -81 -31 332 316 -12 Release of storm sewer easements over and across a portion of Lot 1 Peterson Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa 332 317 -12 Disposing of City interest in storm sewer easements on Lot 1 of Peterson Subdivision No. 2 in the City of Dubuque 332 318 -12 Appointing Wells Fargo Bank, National Association of Minneapolis, Minnesota, to serve as paying agent, bond registrar, and transfer agent, approving the paying agent and bond registrar and transfer agent agreement and authorizing the execution of the agreement 336 319 -12 Authorizing and providing for the issuance of $3,640,000 General Obligation Bonds, Series 2012E, and levying a tax to pay said bonds 336 320 -12 Appointing Wells Fargo Bank, National Association of Minneapolis, Minnesota, to serve as paying agent, bond registrar, and transfer agent, approving the paying agent and bond registrar and transfer agent agreement and authorizing the execution of the agreement 343 321 -12 Authorizing and providing for the issuance of $1,035,000 Taxable General Obligation Bonds, Series 2012F, and levying a tax to pay said bonds 343 322 -12 Appointing Wells Fargo Bank, National Association of Minneapolis, Minnesota, to serve as paying agent, bond registrar, and transfer agent, approving the paying agent and bond registrar and transfer agent agreement and authorizing the execution of the agreement 349 323 -12 Authorizing and providing for the Issuance of $2,385,000 General Obligation Urban Renewal Bonds, Series 2012H, and levying a tax to pay said bonds 349 324 -12 Appointing Wells Fargo Bank, National Association of Minneapolis, Minnesota, to serve as paying agent, bond registrar, and transfer agent, approving the paying agent and bond registrar and transfer agent agreement and authorizing the execution of the agreement 356 325 -12 Authorizing and providing for the issuance of $7,285,000 Taxable General Obligation Refunding Bonds, Series 20121, and levying a tax to pay said bonds 356 326 -12 Awarding Public Improvement Contract for Well Field Electrical Upgrades Project 382 327 -12 Accepting the Iowa 32/ Hike /Bike Trail Phase 4 Project and authorizing the payment of the contract amount to the contractor 384 328 -12 Accepting the Green Alley Permeable Pavers Project (17th-18th between Jackson & Washington Streets) Project and authorizing the payment of the contract amount to the contractor 384 329 -12 Adopting the Final Schedule of Assessments for the Green alley Permeable Pavers (17th-18th Between Jackson & Washington Streets) Project 384 330 -12 Accepting Beverly Avenue Storm Sewer Construction Project and authorizing the payment of the contract amount to the contractor 386 331 -12 Accepting the 2012 Brick Manhole Replacement Project bid Package 3 and authorizing the payment of the contract amount to the contractor 387 332 -12 Accepting the Eagle Point Park Wash -out Repair Project and authorizing the pay -ment of the contract amount to the contractor 387 333 -12 Accepting the North End Trail Lighting Project and authorizing the payment of the contract amount to the contractor 388 334 -12 Approving a First Amendment to the Usage Agreement with Clarke University for Veterans' Memorial Park, Field 2 388 335 -12 Authorizing the Assignment of the German Bank Building, LLLP (342 Main Street) Development Agreement and Downtown Rehabilitation Loan Agreement to James Madison, Inc 389 Book 142 INDEX 447 336 -12 Consenting to the Assignment of the Development Agreement between the City of Dubuque, Iowa, and McGraw -Hill Companies to McGraw -Hill Education, LLC 389 337 -12 Adopting Supplement No. 11 to the Code of Ordinances of the City of Dubuque, Iowa 390 338 -12 Approving the Fiscal Year 2012 Urban Renewal Report for the City of Dubuque 390 339 -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 391 340 -12 Awarding public improvement contract for the ARC Transfer Center Phase I Pro -ject 393 341 -12 Awarding public improvement contract for the Brunskill Road Bridge Reconstruction Project Iowa DOT Project No. BROS -2100 (659)- -81 -31 393 342 -12 Approving the Final Plat of Brunskill Street Place No. 1 in the City of Dubuque, Iowa 395 343 -12 Approving the Final Plat of Timber -Hyrst Estates No. 3 in the City of Dubuque, Iowa 397 344 -12 Adopting the Final Assessment Schedule for the Public Right -of -Way Sidewalk Repair Assessment Project 398 345 -12 Accepting the Historic White Water Creek Bridge Relocation Project, Phase 5- Fencing and authorizing the payment of the contract amount to the contractor 399 346 -12 Approving applications for beer, liquor, and /or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits 399 347 -12 Preliminary 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 ordering the advertisement for bids (Water & Resource Recovery Center Cogeneration Facilities) 400 348 -12 Fixing date for a meeting on the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $2,400,000 Sewer Revenue Capital Loan Notes of City of Dubuque, Iowa, and providing for publication of notice thereof 401 349 -12 (1) Approving the minimum requirements, competitive criteria, and offering procedures for the development and the lease of certain real property and improvements in the Greater Downtown Urban Renewal District- (2) Determining that the lease submitted by Rainbo Oil Co. satisfies the offering requirements with respect to the real property and improvements and declaring the intent of the City Council to approve the lease with Rainbo Oil Co. in the event that no competing proposals are submitted - and (3) Soliciting com- peting proposals 403 350 -12 Approving Fiscal Year 2013 (Program Year 2012) Annual Action Plan Amendment 1 for Community Development Block Grant (CDBG) funds 405 351 -12 Approving the Fifth Amendment to the Development Agreement between the City of Dubuque, Iowa, and 40 Main, LLC 407 352 -12 Stating the preference for the number, alignment and coating preference of power line poles to be constructed in Dove Harbor 407 Resource Enhancement and Protection (REAP) Plan 238 Retail Single -Use Plastic Bags 109, 115, 128, 141 Retired Senior Volunteer Program (RSVP) 79, 188 Revitalize Iowa's Sound Economy (RISE) 35 Reynolds, Lt. Governor Kim 209 Rhemke, Greg 218 Rhomberg Avenue 125 Richard, Gerald D. and Patricia H 117 Richard, Roger 395 Richards House Bed and Breakfast, The 36 Richardson Investments, LLC 87, 124, 258 Richardson, John 310 Richardson, Nancy J. 391 River City Paving 210 Riverfest 243 Riverfront Multimodal Freight Study 52 Riverview Center 155 Riverview Street 1 Riverworks Development 327 Riviera Lounge, The 189 Road Ranger #159 163,215 Rodgriguez, Luis 255 448 INDEX Book 142 Rogerson, Rene 29 Rokusek, Tony 29 Rondavoo Bar 199 Ronek, Regine 130 Ron's 5 Point Mart 120, 163 Ron's Discount Smokes & Beverage Center 120, 162, 233 Root, Judie 235, 246, 300 Rosenberg, Aaron 26 Rosenow, Marina O'Rourke 45 Roshek Building, The 29, 82, 166, 312 Rotary Club of Dubuque 162, 215 Rouske, Gene 229 Roussel!, Laura 298 Rousselot, Inc 238 Ruedebusch Development & Construction, Inc 111 Ruedebusch, Carl 245, 258 Ruff, Thomas 82 Runde, Rick 331 Russell, Bob 299 Safe Community Advisory Committee 392, 408 Membership 197, 294, 304, 399 Minutes Submitted 12, 47, 128, 209, 253, 328 Safe Community Task Force 255 Minutes Submitted 155 Safe Routes to School Project 112, 299 Safety National 197 Sageville Elementary School 330 Sale of Property 1777 Washington Street 234, 245 2312 Washington Street 235, 246 2513 -2515 White Street 302, 316 Salsa's Mexican Restaurant 54, 150 Sam's Club #4973 391 Sanders, Cynthia 392 Schatz, Jason 251 Schaub, Robert 392, 402 Schedules of Assessments 1, 4, 7, 8, 30, 33, 100, 137, 147, 159, 160, 268, 269, 281, 328, 384, 385, 386, 398 Schlarman, Julie 236, 245 Schmechel, Eric 142 Schmidt, Michael 243 Schmidt, Robert 139, 152 Scholtes, Brian 105 School Resource Officer (SRO) 399 Schreiner, Stephen 82 Schreiner, Stephen and Renee 47 Schroeder Construction 314 Schueller, Brant 395 Schueller, James 253 Schwab, Allison 47 Scott, Janet C. 73 Screaming Eagle Bar, The 400 Seippel Road 106, 108 Selco, Inc 214 SEP Green Alley Project See Green Alley Permeable Pavers Projects Seventeenth Street 244, 259, 276 Seventh Street 35, 133, 214, 230 Book 142 INDEX 449 Sewer Revenue Capital Loan Note, Series 2010E 223 Sewer Revenue Capital Loan Notes 202, 203, 218, 219, 401 Sewershed 12 Corrective Action Plan 388 Shafer, Geri 156, 252 Shannon's Bar & Grill 233 Shaw, Bob and Donna 16 Sheldon, Jennifer 229 Sherman, Timothy and Kelly 108 Shive - Hattery, Inc. 138 Shot Tower Inn 151 Shower, Amy 79 Sidewalk Assessment Program 268, 398 Sidewalk Installations 166, 262 Sid's Beverage Store, Inc 163, 215 Siegert, Gina 294, 303 Simonson, Ashlie 8, 163, 191 Sister City Relationships Advisory Commission 327 Membership 8, 15, 231 Minutes Submitted 81, 110, 169, 229, 287, 383 Sixteenth Street 192, 225, 259, 309, 402 Sixteenth Street Auto/Truck Plaza 162 Sixthteenth Street Auto /Truck Plaza 120 Sky Blue Estates 210 Smart Grid Data Access 99, 267 Smart Growth Development Funding 242 Smart Planning Consortium 52, 159, 231, 287 Smarter Cities Pioneers 229 Smarter Electricity Iowa 267, 310, 311 Smarter Sustainable Dubuque 36, 46, See also Sustainable Dubuque Project Smarter Travel Pilot Project 13, 310 Smarter Water Transition 407 SMG (Five Flags Center Management) 10, 117 Smith, Abagail 38, 230 Smith, Joshua 253 Smith, Steve 58 Social Host Ordinance 226, 246 Soul Harbor Ministries 155 South Siegert Farm 123 Southwest Arterial 35, 44, 159, 193 Spahn & Rose Lumber, Co 240 Special Event Permit Process 43 Special Olympics 10 Special Sessions .11, 28, 45, 46, 77, 78, 79, 80, 91, 110, 144, 145, 196, 208, 239, 249, 251, 262, 286, 394, See also Work Sessions Specific and Aggregate Stop -Loss Renewal 173 Spiegelhalter,Amy 262 St. Mark Community Center 188 St. Mary's Condominiums 289 Stackis, Ted 165, See also Ted Stackis Construction Stand Associates 13 Star Restaurant and Ultra Lounge 233 State Consolidated Funding 33 State Historical Society of Iowa 130, 146, 241 State Legislative Priorities 391 State of Iowa Alcoholic Beverages Division 269 State Revolving Fund (SRF) 52 State Urban Renewal (TIF) Report 390 Steffen, James F. and Karilyn M 117 Steffen, Julie 163, 191 450 INDEX Book 142 Stein, Rick 149 Steinbauer, Shannon 255 Steinher, Jim 333 Stevens, Kevin 57, 87, 263 Stevenson, Mark 395 Steve's Ace Hardware 102 Steve's Ace Home & Garden 400 Stierman, Kathleen 98 Stillings, Doug 149, 392 Stipulations of Settlement 231 Stone Cliff Winery 231 Stormwater Management Utility Fee 81, 167 Stovall, M Thomas 79 Stovall, M. Thomas 298 Straka Johnson Architects 314 Strand Associates 232 Streif, Ron and Diane 1, 12 Strohmeyer, Wayne 383 Stubben, Hillary 12 Stumpf Construction 24 Substance Abuse Services Center 36, 47, 79, 131 Sumek, Lyle 249 Summer's Last Blast 233 Sungard 0551 228, 311 Sunset Ridge 108, 159 Sustainable City Network, Inc 99 Sustainable Dubuque Project 46, 109, 143, 144, 228, 297, See also Smarter Sustainable Dubuque Monthly Project Status Reports 3, 99, 113, 137, 158, 198, 240, 314 Work Session 10, 251, 382, 394 Sustainable Strategies DC 300, 314 Sutton Pool 119, 212 Swearing In 1 Swearings In 252 Sweeney, Peter 16 T T & M, Inc. (Mario's Italian Restaurant) 14 Table Mound Elementary School 113 Taiko Japanese Restaurant 13, 14 Takes, Betty 87, 104 Tantra Thai Bistro 103 Target Stores 301 Taste of the World 98, 116 Tax Increment Financing (TIF) 390 Tax Increment Financing District (TIF) 362 Taxable General Obligation Bonds, Series 2011F 318 Taxable General Obligation Bonds, Series 2012C 224 Taxable General Obligation Bonds, Series 2012F 343 Taylor Construction, Inc 393 Taylor, Al 223 Taylor, William 29 Teamsters Union Local No. 120 98, 133 Technical Assistance Building Blocks for Sustainable Communities 314 Technology Park South 122 Ted Stackis Construction 2, 36, 232, 256, 267, 399, 409 Tedore, Carrie 208 Tenth Street 193, 220 Terminal Street 172 Book 142 INDEX 451 Terracon Consultants, Inc. 114 Texas Roadhouse 233 Text Amendments 16 That's My Dog 143, 241 Theisen Supply, Inc. 37, 58, 201, 217, 287 Theisen, Leo 37, 58, 201, 217 Third Grade Reading Program 220 Third Street 399 Thirty Second Street 210 Thomas, Cynthia 299 Thomas, Diane 131 Three Sixty -Five (365) Community Impact Awards 98 TIGER IV Grant 109 Tigges, Jennifer 57, 87 Tigges, Ronald 104, 115 Timber -Hyrst Estates #2 170 Timber -Hyrst Estates #3 397 Timber -Hyrst Subdivision 202 Tobacco Compliance - Civil Penalty for Tobacco License Holders 36, 85 Tobacco License Applications 36, 120, 138, 162, 188, 199, 300, 330 Tobacco Outlet Plus 120, 163 Tom Kueter Construction Co., Inc 223, 243 Tony's Place 55 Top Block & Brick, Inc. 298 Top Grade Excavating, Inc 197 Total Administrative Services Corporation (TASC) 328 Tour Dubuque 239 Towing Contract 242 Town Clock Inn, The 36 Townsville, Queensland, Australia 297, 327 Transit Advisory Board Membership 163, 191 Minutes Submitted 1, 12, 81, 117, 128, 287, 310 Transportation, Community and System Preservation Program (TCSP) 2 Trees Forever 54 Tri -State Independent Blind Society Inc 243 Tri- States Chili Cook -Off 200 TS Business Group, LLC 156 Tschiggfrie Excavating Company 169, 330 Twelfth Street 133, 214 Twenty First Street 210 Twenty Thirteen (2013) Dubuque, LLC 111, 245, 253, 258, See FedEx or Hunter Equity Twenty -Eight E (28E) Agreements 52, 80, 135, 142, 166, 393 Twilight River Boat 162 Twin Valley Drive 99 Twining, Connie 402 Twisted Pickle, The 162 U U.S. Conference of Mayors 389 U.S. Department of Energy 267 U.S. Department of Health and Human Services 299 U.S. Department of Housing and Urban Development (HUD) 49, 84, 129, 161, 172, 240, 255, 264, 267 U.S. Department of Justice 388 U.S. Economic Development Administration 161, 300 U.S. Hwy 151/61 44, 51, 99, 159 U.S. Hwy 20 44, 159 U.S. Hwy 52 51, 99 452 INDEX Book 142 U.S. Post Office 173 Uhlrich, Paul 139, 152 Union Avenue 173 Unison Solutions 239 Unitarian Universalist Fellowship of Dubuque. 155 United Heartland 29 University of Dubuque 243, 333 University of Iowa 109, 144 Upper Bee Branch Creek Restoration Project 314 Upper Central Avenue Commercial Historic District 130, 146, 166 Urban Deer Management Plan 117 Urban Hydrology and Water Sustainability Initiative 314 Urban Mobility Coordinator 287 Urban Revitalization Program 48 Urban Youth Corps 49, 129 V Vaassen, Kevin 229 Vacant and Abandoned Buildings and Problem Properties 6, 32, 89, 136 Vacate of Property 257, 273 Vacating Petitions 56, 88, 235 Valaskey, Corey 57, 87 Vanda, Judy 165 Vandal, Jeremy and Sabrina 47 Vandelay Property Management, LLC 173 Veterans' Memorial Park 83, 388 Veterans' Memorial Plaza 98 Vierkant, Erich 111 Vincent, Alan 57, 87 Vinny Vanucchis Little Italy 215 Visiting Nurse Association 265 Vize, Lawrence 169, 383, 384 Vlach, III, Frank 287 Voices From the Warehouse 133, 233 Voluntary Dental Plan 311 Volunteer Generation Fund 255, 269 Volunteer Solutions Software 267 Vorwald Log and Lumber 36 Voss, Rebecca 29 w Wacker Drive 138 Wagner, Amy 236, 245 Wagner, Kay 57 Wainwright, Thomas 15, 38 Walgreens Stores 151, 163 Walgren, Natalie 310 Wal -Mart Supercenter 257 Walnut Tap 215 Walter, Gayle 288 Wand, Chris 228 Warehouse Development, LLC 14, 38 Warranty Deeds 171 Wartburg Theological Seminary 113 Washington Neighborhood 123, 264, 299, 314 Washington Neighborhood Tool Library 79, 188 Washington Street 14, 36, 38, 234, 237, 244, 246, 259, 276, 299, 384, 395, 399 Book 142 INDEX 453 Washington Street Rowhouses 130 Water & Resource Recovery Center 98, 207, 239, 399, 400, 401 Water Meter Wireless Network Equipment 113 Water Pollution Control Plant 7, 13, 114, 232, 270 Water Rates for Residential and Industrial Use and All Other Uses 96 Water Trail 207 We Development, LLC 192 Welch, Christopher 294, 304 Well Field Electrical Upgrades 303, 382 Welu Drive 331, 392 Wenzel Towing 232, 240, 242 West 5th Street 132 West Dubuque Tap 120, 188 What's NEXT? 2017 Campaign See NEXT 2017 Campaign Whiskey River 103 White Street 237, 246, 259, 276, 302, 316 White Water Creek Bridge See Historic White Water Creek Bridge Whitt, Darrell 310 W H KS 254, 269, 391 Wilbricht Lane 50 Wildberding, Katrina 45 Williams, Colleen 16 Williams, Vince 163, 191 Wilmac Property Company 167, 266 Wilson Street 398 Wingate Place No. 5 83 Winger Construction Company 199 Winterwood, Charles 217 Wireless Bicycle and Pedestrian Counters 214 Wireless Network License Agreements 113 Wolbers, Richard 314 Wold Architects 391 Wolf, Judy 240 Work Sessions 248, 409 96' St. to 11`h St. One -Way to Two -Way Conversion 110 Automated Traffic Enforcement 26 Council Bluffs 2011 Flood Fighting Activities 11 Dubuque Convention and Visitors Bureau 28 Dubuque County Smart Plan 394 Dubuque Regional Airport New Passenger Terminal Facility 145 Sustainable Dubuque Project 10, 46, 251, 394 Tour Dubuque Metropolitan Area Solid Waste Agency 262 Tour Water & Resource Recovery Center Renovation Project 239 University of Iowa Initiative for Sustainable Dubuque 109, 144 Worker Adjustment and Retraining Notification Act (WARN) 390 Workers' Compensation Compromise Settlement Agreements 330 World City Summit 228 WP Investments, LLC 200 Wulfekuhle Injection and Plumbing 1 Wullweber, Brian 252, 298 Y Yardarm Restaurant & Bar, The 55 Yen Ching Restaurant 315 z Zenner, Anthony and Debra 48 454 INDEX Book 142 Zephyr Drive 210 Zoning Advisory Commission 1172 Main Street 217 1834 Creek Wood Drive 218 2995 Asbury Road 333 444 North Grandview Avenue 402 Asbury Plaza 15, 124 Bee Branch Creek Subdivision No. 7 150 Bee Branch Subdivision No. 8 150 Brickyard Estates 108 Brunskill Street Place No. 1. 395 Catfish Creek Place 47 Clarke University PUD Amendment 105 Dubuque Industrial Center West 149 Eagle Point Drive 152 Giese Subdivision 12 Harvest View Estates 266 Historic Millwork District 17 Holy Spirit Parish 125 Kerper Blvd. and 16th Street 192 Liberty Subdivision 2 McNamer Acres #4 329 Membership 258, 273 Middle Road - Seippel Road 106 Minutes Submitted 12, 47, 98, 117, 145, 169, 229, 240, 263, 328, 395 North Fork Trails 266 North Ridge Estates 192 Patricia Ann Acres Subdivision No. 3 242 Peterson Addition 192 SW Arterial /East -West Corridor Moritoriums 193 Timber -Hyrst Estates # 3 397 University of Dubuque PUD 333 Zoning Board of Adjustment Membership 205, 217 Minutes Submitted 47, 117, 209, 240, 263, 328, 395