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4 18 11 City Council Proceedings Official CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on April 18, 2011 in the th Historic Federal Building, 350 W. 6 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 to act upon such business that may properly come before the City Council. Pledge of Allegiance Invocation was provided by Sr. Jennifer Rausch, Sisters of the Presentation. PROCLAMATIONS The Month/Week of the Young Child (April 10 – 16, 2011) was accepted by Joanne Wurtz, Chairperson of the Dubuque County Empowerment Board, 2728 Asbury Road; and Ann Willenbring, Director of the Resurrection Child Care Center, 4300 Asbury Road; Community Development Block Grant Week (April 25 – 30, 2011) PRESENTATION Main Street Iowa Awards were presented by Dubuque Main Street Executive Director Dan LoBianco. CONSENT ITEMS Motion by Jones to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Resnick. Connors requested (#1) Minutes and Reports be held for separate discussion. Jones requested (#3) Citizen Communications be held for separate discussion. Braig requested (#15) Amendment to Collective Bargaining Agreement – Bus Operators be held for separate discussion. Motion carried 7-0. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 2/22; City Council of 4/4; Electrical Code Board of 3/21; Environmental Stewardship Advisory Commission of 4/5; Park and Recreation Commission of 3/8; Sister City Relationships Advisory Commission of 4/6; Zoning Advisory Commission of 4/6 Proof of publication of City Council Proceedings of March 21, 2011 Motion by Connors to receive and file the documents. Seconded by Jones. Connors addressed the minutes from the Environmental Stewardship Advisory Commission relating to a car washing policy and asked for a written response from staff about alternatives for organizations in terms of location and products used for these types of events. Van Milligen stated he will have staff research it and return a report to Council. Motion carried 7-0. Notice of Claims/Suits: William Peck for property damage; J. Thomas Zaber for property damage; Randy and Tina Miller for property damage; State Farm Insurance for William and Rebecca Carr; Joyce M. Terris for property damage; Lois Weinschenk for property damage. Upon motion the documents were received, filed, and referred to the City Attorney. 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: Rachel Chavez for vehicle damage; J. Thomas Zaber for property damage; William Peck for property damage. Upon motion the documents were received, filed and concurred. Citizen Communications: Communication from Rachel K. Daack, 800 Laurel Street, in opposition to the proposed extension of sewer lines on Laurel Street. Communication from Paula Kaufman regarding the pollution problem in Dubuque. nd Communication from Gary R. Kircher, 312 East 22 Street, regarding the Veterans’ Memorial Plaza on Chaplain Schmitt Island. Communication from Steven A. Krieg, 1576 Bies Drive, regarding a water main extension and water runoff on Bies Drive. Motion by Jones to receive and file the documents and refer to the City Manager. Seconded by Braig. Jones spoke in support of the communication from Gary Kircher regarding additional directional and memorial signage for the Veterans’ Memorial Plaza. Motion carried 7-0. Public Transit Infrastructure Grant (PTIG) Program: City Manager recommending approval of the submittal of a grant application under the Public Transit Infrastructure grant (PTIG) Program to secure State funding for facility improvements at The Jule. Upon motion the documents were received, filed, and approved. Federal Emergency Management Agency (FEMA): Communication from Richard Leonard, FEMA, advising that the City’s PAL designation will expire on May 17, 2011 and that all necessary documentation required demonstrating that the Dubuque Local Flood Protection Project Levee is in full compliance with Code of Federal Regulations needs to be submitted by that date. Upon motion the document was received, filed and referred to the City Manager. U.S. Department of Housing and Urban Development: Communication from Betty J. Bottiger, Office of Fair Housing and Equal Opportunity, advising that the U.S. Department of Housing and Urban Development (HUD) plans to conduct a limited civil rights compliance review of the City’s HUD funded programs. Upon motion the document was received, filed and referred to the City Manager. Purchase of Property – 2109 Kniest Street: City Manager recommending approval of the purchase of property at 2109 Kniest Street as part of the acquisition program for the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 126-11 Approving the acquisition of real estate owned by Glenn Casey in the City of Dubuque was adopted. RESOLUTION NO. 126-11 APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY GLENN CASEY 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 2 Whereas,a purchase agreement has been finalized with the owner of the property scheduled for acquisition. 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 legally described property: Lot 2-1-11 L. Kniest’s Subdivision of part of Mineral Lot 314, in the City of Dubuque, Dubuque County, Iowa, at the cost of Thirty Eight Thousand and 00/100 Dollars ($38,000.00). 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 is hereby authorized and directed to cause said Quit Claim 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. th Passed, approved and adoptedthis 18 day of April, 2011. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk US 61/151 Corridor Project – Iowa DOT Agreement: City Manager recommending approval of an Iowa Department of Transportation Agreement for Urban-State Traffic Engineering Program (U-STEP) as it relates to the US 61/151 Corridor Project and the installation of traffic signals and pavement widening at the intersections of Maquoketa Drive, Twin Valley Drive and US 52. Upon motion the documents were received and filed and Resolution No. 127-11 Approving the Iowa Department of Transportation Agreement for an Urban-State Traffic Engineering Program (U-Step) Project (Agreement No. 06-11-Ustep-03) between the Iowa Department of Transportation and the City of Dubuque for the US 61/151 Corridor Project was adopted. RESOLUTION NO. 127-11 APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR A URBAN-STATE TRAFFIC ENGINEERING PROGRAM (U-STEP) PROJECT (AGREEMENT NO. 06-11-USTEP-03) BETWEEN THE IOWA DEPARTMENT OF TRANSPORTATION AND THE CITY OF DUBUQUE FOR THE US 61/151 CORRIDOR PROJECT Whereas, the Iowa Department of Transportation (Iowa DOT) has authorized the use of Iowa DOT Urban-State Traffic Engineering Program (U-STEP) funds for the US 61/151 Corridor Project; and Whereas, the US 61/151 Corridor Project will provide for the following improvements: New traffic signalizations on US 61/151 at the intersections of Maquoketa Drive, Twin Valley Drive, and US 52; and the widening and HMA resurfacing on US 61/151 and at each intersection; and Whereas, the Iowa DOT Urban-State Traffic Engineering Program (U-STEP) funds will be eligible to complete said improvements to the US 61/151 Corridor Project, within Dubuque County, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said Iowa DOT Agreement for Urban-State Traffic Engineering Program (U- STEP) (Agreement 6-11-USTEP-03) between the City of Dubuque and the Iowa Department of 3 Transportation be approved for the pavement widening for turn lanes on US 61/151 at Maquoketa Drive, Twin Valley Drive, and US 52, and the new traffic signal installations and signal interconnect between intersections. Section 2. That the Mayor be authorized and directed to execute two copies of Iowa DOT Agreement for Urban-State Traffic Engineering Program (U-STEP) Project (Agreement 6-11- USTEP-03) for the US 61/151 Corridor Project in Dubuque. th Passed, approved and adopted this 18 day of April, 2011. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk PTC LLC – 1800 Elm Street: City Manager recommending approval of Irrevocable Licenses for PTC LLC to keep and maintain the existing encroachments of the loading dock, gas meter and protective pillars in the public right-of-way of Pine Street behind the Eagle Country Market on 1800 Elm Street. Upon motion the documents were received, filed, and approved. Carnegie-Stout Public Library Renovation Project – Contract No. 12: City Manager recommending acceptance of the Carnegie-Stout Public Library Renovation Project – Contract No. 12 as completed by Westphal & Co., Inc., in the amount of $1,142,863.37. Upon motion the documents were received and filed and Resolution No. 128-11 Accepting the Carnegie- Stout Public Library Renovation Project – Contract No. 12 and authorizing payment of the contract amount to the contractor was adopted. RESOLUTION NO. 128-11 ACCEPTING THE CARNEGIE-STOUT PUBLIC LIBRARY RENOVATION PROJECT, CONTRACT NO. 12 – ELECTRICAL SYSTEMS AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Carnegie-Stout Public Library Renovation Project, Contract No. 12 – Electrical Systems (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 General Obligation Bonds (TIF Abated), Library Renovation General Funds, Library Fund-Raising (cash and pledges), Curtis Collection Sale, and Heade Painting Sale appropriations for the contract amount of $1,142,863.37 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. th Passed, approved and adopted this 18 day of April, 2011. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 4 CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE CARNEGIE-STOUT PUBLIC LIBRARY RENOVATION PROJECT, CONTRACT NO. 12 – ELECTRICAL SYSTEMS The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Carnegie-Stout Public Library Renovation Project, Contract No. 12 – Electrical Systems, 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 $1,142,863.37. th Dated this 18 day of April, 2011. Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 18 day of April, 2011. Kevin S. Firnstahl, Assistant City Clerk Environmental Covenant – Former Dubuque Hardwoods Site: City Manager recommending approval of an Environmental Covenant on Lot 2 Riverwalk Ninth Addition (former Dubuque Hardwoods site) in the Port of Dubuque to prohibit drinking water wells on the property. Upon motion the documents were received and filed and Resolution No. 129-11 Approving an Environmental Covenant on Lot 2 of Riverwalk Ninth Addition in the Port of Dubuque was adopted. RESOLUTION NO. 129-11 RESOLUTION APPROVING AN ENVIRONMENTAL COVENANT ON LOT 2 OF RIVERWALK NINTH ADDITION IN THE PORT OF DUBUQUE. Whereas, property in the Port of Dubuque had a Leaking Underground Storage Tank; and Whereas, recent reports show the environmental contamination is at a level that does not require additional monitoring; and Whereas, the Iowa Department of Natural Resources requires an environmental covenant be placed on the property to prohibit drinking water wells on the property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Environmental Covenant for Lot 2 of Riverwalk Ninth Addition is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute said Covenant 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 Clerk is to record the Covenant at the Dubuque County Recorder’s Office. th Passed, approved and adopted this 18 day of April, 2011. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk State of Iowa Financial Assistance Application for Flexsteel Industries, Inc.: City Manager recommending approval of a Financial Assistance application to the Iowa Department of Economic Development on behalf of Flexsteel Industries, Inc., with a commitment of local matching funds, which are included in the Development Agreement that is a separate agenda item. Upon motion the documents were received and filed and Resolution No. 130-11 Authorizing the filing of an application for State Financial Assistance on behalf of Flexsteel Industries, Inc., was adopted. 5 RESOLUTION NO. 130-11 AUTHORIZING THE FILING OF AN APPLICATION FOR STATE FINANCIAL ASSISTANCE ON BEHALF OF FLEXSTEEL INDUSTRIES, INC. Whereas, Flexsteel Industries, Inc., has proposed the relocation and expansion of its corporate offices in Dubuque, Iowa; and Whereas, the City Council of Dubuque, Iowa, has considered said proposal and has determined that the proposed project will contribute to the local economy through the retention of 101 jobs and the creation of 10 additional jobs; and Whereas, the Iowa Department of Economic Development's Financial Assistance Program was designed to assist in the economic development efforts of local jurisdictions; and Whereas, the City of Dubuque, Iowa, is eligible to apply for funding from the Iowa Department of Economic Development Department’s Financial Assistance Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the filing of an application for participation in the Iowa Department of Economic Development’s Financial Assistance Program on behalf of Flexsteel Industries, Inc., is hereby approved. Section 2. That the local match identified in the application estimated at $1,705,831 consisting of TIF funding and a land discount was approved in the Development Agreement to develop the property in the Port of Dubuque. Section 3. That the Mayor is hereby authorized to execute and the City Manager is hereby directed to submit said application to the Iowa Department of Economic Development together with such documents as may be required. th Passed, approved, and adopted this 18 day of April, 2011. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Golden Silo Award: Press release advising that the Mines of Spain has received a Golden Silo Award for Outstanding Partner from the Silos and Smoke Stacks National Heritage Area for showing support and partnering with SSNHA on numerous occasions to create awareness for the Heritage Area. Upon motion the document was received and filed. Amendment to Collective Bargaining Agreement – Teamsters Local No. 120: City Manager recommending approval of an amendment to the Collective Bargaining Agreement between the Teamsters Local No. 120 and the City of Dubuque to provide for a work week that consists of ten hours per day and four days per week for the Airport Maintenanceworkers and Airport Mechanic. Upon motion the documents were received, filed, and approved. Amendment to Collective Bargaining Agreement – Bus Operators: City Manager recommending approval of an amendment to the Collective Bargaining Agreement between the Teamsters Local No. 120 (Bus Operators) and the City to permit part-time employees to work 1,664 or more hours in fiscal Year 2011. Motion by Braig to receive and file the documents and approve the recommendation. Seconded by Resnick. Braig questioned why part-time bus operator hours will increase to just 416 hours less than full-time operators. Van Milligen stated that the increase in hours is an annual cap and only for this fiscal year. Motion carried 7-0. 6 Fifth Street Parking Ramp Re-Lighting: City Manager transmitting information regarding the retro fitting of the lighting in the Fifth Street Parking Ramp. Upon motion the documents were received and filed. 2011 – 2012 Deer Management Plan: City Manager recommending approval of the 2011 – 2012 Deer Management Plan. Upon motion the documents were received, filed, and approved. Julien’s Journal: Copy of March 2011 article in Julien’s Journal featuring Assistant City Manager Cindy Steinhauser. Upon motion the document was received and filed. Metropolitan Coalition Grant Application: City Manager recommending support of the submittal of a grant to the Iowa Office of Energy Independence, in partnership with seven communities who are members of the Metropolitan Coalition, the largest cities in the State of Iowa. Upon motion the documents were received, filed, and approved. Purchase of Property – 2263 Elm Street: City Manager recommending approval of the purchase of property at 2263 Elm Street as part of the acquisition program associated with the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 131-11 Approving the acquisition of real estate owned by Robert D. and Livija Klauer in the City of Dubuque was adopted. RESOLUTION NO. 131-11 APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY ROBERT D. KLAUER AND LIVIJA KLAUER 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,a purchase agreement has been finalized with the owner of the property scheduled for acquisition. 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 legally described property: Lot 1-1-1-3-103 L H Langworthy’s Add, in the City of Dubuque, Dubuque County, Iowa, at the cost of Forty Seven Thousand and 00/100 Dollars ($47,000.00). 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 is hereby authorized and directed to cause said Quit Claim 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. th Passed, approved and adoptedthis 18 day of April, 2011. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Historic Preservation Commission: Communication from Peggy Stover submitting her resignation from the Historic Preservation Commission. Upon motion the document was received and filed and the resignation accepted. 7 Human Rights Commission: Communication from Lori Apel submitting her resignation from the Human Rights Commission. Upon motion the document was received and filed and the resignation accepted. Audit Services Recommendation: City Manager recommending approval of the selection of Eide Bailly, LLP to provide audit services for the City of Dubuque for a five-year period. Upon motion the documents were received, filed, and approved. Alcohol Compliance – Civil Penalty for Alcohol License Holder: City Manager recommending acceptance of the Acknowledgement/Settlement Agreement for Cookin’ Something Up for their first offense alcohol compliance violation. Upon motion the documents were received, filed, and approved. Signed Contracts: Water Pollution Control Plant Modifications Project – MWH America’s, Inc., Budget Increase Request. Upon motion the documents were received and filed. Liquor License and Cigarette Permit Applications: City Manager recommending approval of annual liquor license and cigarette permit renewals as submitted. Upon motion the documents were received and filed and Resolution No. 132-11 Granting the issuance of a new cigarette permit to Let’s Roll Tobacco I. A.; Resolution No. 133-11 Granting the issuance of a Class “B” Beer Permit to Catfish Festival and McAleece Park/Recreation Complex; and Resolution No. 134-11 Granting the issuance of a Class “A” Liquor License to Dubuque Golf and Country Club and Dubuque Lodge #355; Class “C” Beer/Liquor License to Lot One, Catfish Charlie’s, The Lift and Monk’s Kaffee Pub; and a Class “WBN” Native Wine License to Dubuque Arboretum Association were adopted. RESOLUTION NO. 132-11 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. NEW Let’s Roll Tobacco Let’s Roll Tobacco I.A. 3430 Dodge Street th Passed, approved and adopted this 18 day of April, 2011 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 133-11 Whereas, applications for Beer Permits have been submitted and filed to this 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 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. 8 CLASS “B” BEER PERMIT Dubuque Catfish Festival Catfish Festival +(Sunday Sale) A.Y. McDonald Park City of Dubuque McAleece Park/Rec. Complex 1801 Admiral Sheehy Dr. +(Sunday Sale) th Passed, approved and adopted this 18 day of April, 2011 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 134-11 Whereas, applications for Liquor Licenses have been submitted to this 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 State Laws and all City Ordinances 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 “A” LIQUOR Dubuque Golf & Country Club DBQ Golf & Country Club 1800 Randall Place +(Sunday/Outdoor Sale) Dubuque Moose Lodge # 355 Dubuque Lodge # 355 +(Sunday Sale) 2635 Windsor Ave. CLASS “C” BEER/LIQUOR LICENSE Lot One, LLC Lot One +(Sunday Sale) 100 Main Street Catfish Charlie’s Catfish Charlie’s+(Sunday/Outdoor Sale) 1630 E. 16 th Street Rick Worcester The Lift +(Sunday Sale) 180 Main Street Rich Worcester Monks Kaffee Pub +(Sunday Sale) 373 Bluff Street CLASS “WBN” NATIVE WINE LICENSE Dubuque Arboretum Assoc. Dubuque Arboretum Association 3800 Arboretum Dr. Passed, approved and adopted this 18th day of April, 2011 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Mayor Buol acknowledged the International City Manager’s Association Fellows in attendance, Mr. Ou Jianping and Mr. Guo Jiankui, who were visiting from China. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Connors to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Lynch. Motion carried 7-0. Proceedings for Reallocation of General Obligation Bonds Series 2009A and Series 2010A: City Manager recommending that a public hearing be set for May 2, 2011 to consider the reallocation of General Obligation Bonds Series 2009A and Series 2010A. Upon motion the documents were received and filed and Resolution No. 135-11 Fixing date for a meeting on the proposal to reallocate certain unspent proceeds of the General Obligation Bonds, Series 9 2009A (Taxable Build America Bonds), and General Obligation Bonds, Series 2010A 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 2, 2011 in the Historic Federal Building. RESOLUTION NO. 135-11 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSAL TO REALLOCATE CERTAIN UNSPENT PROCEEDS OF THE GENERAL OBLIGATION BONDS, SERIES 2009A (TAXABLE BUILD AMERICA BONDS), AND THE GENERAL OBLIGATION BONDS, SERIES 2010A, OF THE CITY OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF Whereas, pursuant to hearings duly held under Iowa Code Section 384.25 and a resolution approved on October 19, 2009, the City Council of the City of Dubuque, Iowa has previously issued its General Obligation Bonds, Series 2009A (Taxable Build America Bonds), in the aggregate principal amount of $2,935,000 (the "Series 2009A Bonds"), for the purpose, among other things, of defraying all or a portion of the costs of the acquisition of sewer pipeline inspection equipment; the inspection and certification of the flood control levee system; the construction and installation of storm water management facilities, including the Bee Branch Creek Restoration Project, and the reconstruction of storm sewers; the acquisition and replacement of street lights; the acquisition and installation of fiber optic conduit in connection with street improvements and watermain extensions; the repair and improvement of the Dubuque Regional Airport, including hanger heater and terminal boiler replacements, runway and hanger painting, hanger repairs and replacements and parking area paving; the acquisition and replacement of Fire Department ladder and pumper trucks and ambulances; and water utility improvements including the construction and installation of watermain extensions, ADA improvements, back-up power supply and water consumption studies and engineering; and Whereas, pursuant to a hearing duly held under Iowa Code Section 384.25 and a resolution approved on August 16, 2010, the City Council of the City of Dubuque, Iowa has previously issued its General Obligation Bonds, Series 2010A, in the aggregate principal amount of $4,470,000 (the "Series 2010A Bonds"), for the purpose, among other things, of defraying all or a portion of the costs improvements and extensions to the municipal sanitary sewer and storm water drainage systems; equipping the sanitation and road departments; improving the City airport grounds and facilities; the acquisition of land and other costs associated with the Bee Branch storm water project; rehabilitation and improvement of City parks; construction, reconstruction and repair of sidewalks; improvement and installation of street lighting fixtures, connections and facilities; street improvements, including installation of fiber optic conduit; and refunding and refinancing of certain outstanding indebtedness of the City, including the General Obligation Bonds, Series 2002B, dated March 1, 2002; and Whereas, certain proceeds of the Series 2009A Bonds and the Series 2010A Bonds remain unspent, and the City Manager has recommended that not to exceed $121,000 of such unspent proceeds (the "Unspent Proceeds") be applied for the purpose of funding the local match for the purchase of transit buses (from the Series 2009 Bonds) and costs associated with snow and ice control activities and improvements (from the Series 2010A Bonds) (together, the "Projects"); and Whereas, there being no procedure specified under Iowa law for consideration or approval of such a reallocation, it is hereby determined, pursuant to Section 364.6 of the Code of Iowa, that the procedure set forth in Section 384.25 of the Code of Iowa should apply to such proposal, and that a hearing be held upon the proposal to reallocate the Unspent Proceeds to provide funds for the Projects. 10 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, nd Dubuque, Iowa, at 6:30 o'clock P.M., on the 2 day of May, 2011, for the purpose of taking action on the matter of the proposed reallocation of the Unspent Proceeds of the Series 2009A Bonds and the Series 2010A Bonds to provide funds to defray all or a portion of the costs of the Projects. Section 2. That the City Clerk is hereby directed to cause one publication to be made of notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting. Section 3. The notice of the proposed action shall be in substantially the [provided] form: th Passed and approved this 18 day of April, 2011. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 2011 Sewer Cured-in-Place Pipe (CIPP) Lining Project: City Manager recommending initiation of the bidding process for the 2011 Sewer Cured-in-Place Pipe (CIPP) Lining Project and further recommends that a public hearing be set for May 2, 2011. Upon motion the documents were received and filed and Resolution No. 136-11 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 for the 2011 Sewer Cured-in-Place Pipe (CIPP) Lining Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 2, 2011 in the Historic Federal Building. RESOLUTION NO. 136-11 2011 SEWER CURED-IN-PLACE PIPE (CIPP) LINING 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 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 2011 Sewer Cured-in-Place Pipe (CIPP) Lining Project, in the estimated amount $135,974.85, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. nd A public hearing will be held on the 2 day of May, 2011, 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 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 estimated cost of the Project. The 2011 Sewer Cured-in-Place Pipe (CIPP) Lining Project is hereby ordered to be advertised for bids for construction. 11 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 advertise for bids for the construction of the improvements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty-five days before the date for filing bids th before 2:00 p.m. on the 5 day of May, 2011. Bids shall be opened and read by the City Clerk th at said time and will be submitted to the City Council for final action at 6:30 p.m. on the 16 day of May, 2011, in the Historic Federal Building Council Chambers (second floor), 350 West th 6 Street, Dubuque, Iowa. th Passed, adopted and approved this 18 day of April, 2011. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Engine House #1 LLC – Development Agreement: City Manager recommending that a public hearing be set for June 6, 2011 to consider a development agreement between the City of Dubuque and Engine House #1, LLC., a subsidiary of Dubuque Initiatives, to sell and th rehabilitate the Engine House #1 building (18 Street), which formerly housed the Housing Department offices. Upon motion the documents were received and filed and Resolution No. 137-11 (1) Approving the minimum requirements, competitive criteria, and offering procedures for the development of certain real property and improvements in the proposed expansion area of the Greater Downtown Urban Renewal District; (2) Determining that the Development Agreement submitted by Engine House #1, LLC satisfies the offering requirements with respect to the real property and improvements and declaring the intent of the City Council to approve the Development Agreement with Engine House #1, LLC in the event that no competing proposals are submitted; and (3) Soliciting competing proposals was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 6, 2011 in the Historic Federal Building. OFFICIAL NOTICE RESOLUTION NO. 137-11 RESOLUTION (1) APPROVING THE MINIMUM REQUIREMENTS, COMPETITIVE CRITERIA, AND OFFERING PROCEDURES FOR THE DEVELOPMENT OF CERTAIN REAL PROPERTY AND IMPROVEMENTS IN THE PROPOSED EXPANSION AREA OF THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT; (2) DETERMINING THAT THE DEVELOPMENT AGREEMENT SUBMITTED BY ENGINE HOUSE #1, LLC SATISFIES THE OFFERING REQUIREMENTS WITH RESPECT TO THE REAL PROPERTY AND IMPROVEMENTS AND DECLARING THE INTENT OF THE CITY COUNCIL TO APPROVE THE DEVELOPMENT AGREEMENT WITH ENGINE HOUSE #1, LLC IN THE EVENT THAT NO COMPETING PROPOSALS ARE SUBMITTED; AND (3) SOLICITING COMPETING PROPOSALS . Whereas, the City Council of Dubuque, Iowa, is scheduled on May 2, 2011 to consider approval of an Amended and Restated Urban Renewal Plan (the “Plan”) for the Greater Downtown Urban Renewal District (“the District”) described therein; and Whereas, the proposed Plan provides, among other things, for the disposition of properties for private development purposes as a proposed economic development action; and Whereas, Engine House #1, LLC (“Developer”) has submitted to the City a Development Agreement with a proposal for the purchase of certain real property and improvements hereinafter described and owned by the City of Dubuque, and for the renovation and 12 rehabilitation of the building located on such property as described therein (the “Development Agreement”), together with the request that this property be made available for purchase as rapidly as possible; and Whereas, the real estate and building proposed to be purchased and developed is located on Lot 1 of Engine House No. 1 Subdivision in the City of Dubuque, Dubuque County, Iowa (the “Property”), according to the recorded Plat thereof, subject to easements and restrictions of record as shown on Exhibit B attached to the Development Agreement and attached hereto; and Whereas, the Developer has tendered the Development Agreement with the City, and the same is on file in the City Clerk’s office; and Whereas, the Property is located within an area that is proposed in the Plan to be included in the District; and Whereas, the City Council therefore has determined to establish reasonably competitive bidding procedures for the disposition of the Property, in accordance with those prescribed in 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 requirements and minimum requirements and competitive criteria for the property offering is included herein; and Whereas, to recognize both the firm proposal for renovation of the Property, as described above, and to give full and fair opportunity to other developers interested in submitting a proposal for the use of the Property, this Council should by this Resolution: 1) Set the fair market value of the real property for uses in accordance with the Development Agreement; 2) Approve the minimum requirements and competitive criteria included herein; 3) Approve as to form the Development Agreement on file in the City Clerk’s office; 4) Set a date for receipt of competing proposals and the opening thereof; 5) Declare that the proposal submitted by Developer satisfies the minimum requirements of the offering, and that in the event no other qualified proposal is timely submitted, that the City Council intends to approve such proposal and authorize the City Manager to sign the Development Agreement; 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 purchase of the Property and improvements 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 notice 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 to act as expeditiously as possible to sell the 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 and building located on Lot 1 of Engine House No. 1 Subdivision in the City of Dubuque, Dubuque County, Iowa, according to the recorded Plat thereof, subject to easements and restrictions of record as described in Exhibit “B” attached to the Development Agreement and attached hereto, and being located generally at 1805 Central Avenue (the “Property”) shall be offered for sale 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 selection, any person must submit a proposal which meets these minimum requirements: 13 a) Contains an agreement to purchase the Property at not less than its fair market value; b) Contains a commitment to develop and rehabilitate the Property for zoning uses currently allowed on the Property; c) Sets out or provides to the satisfaction of the City Council the experience of the principals and key staff who will be directly engaged in performance of the contract with the City, and their experience in carrying out projects of similar scale and character; and d) Meets, at a minimum, the terms and conditions of the Development Agreement submitted by the Developer, including an agreement to rehabilitate and renovate the building on the Property into commercial office space and space for an early childhood center at a total project cost of not less than $1,550,000, and to enter into leasing arrangements with non-profit tenants acceptable to the City for use of the renovated building. Section 3. That the Development Agreement by and between the City and the Developer be and is hereby approved as to form for the purposes hereinafter stated. Section 4. That for the purpose of defining the offering of the Property for sale, said Development Agreement shall be deemed to be illustrative of the terms generally acceptable to the City with respect to: a) Conveyance of the Property; b) Construction of Minimum Improvements in a timely manner; c) Payment of Economic Development Grants by City; d) Developer obligations; and e) General terms and conditions. Each proposal should identify the proposed funding sources for financing the acquisition and rehabilitation of the Property, and include a letter of commitment from a bank or other lending institution or other evidence of the proposer’s financial ability to complete the project. The City is under no obligation to provide financing to any purchaser of the Property. Section 5. That the Development Agreement submitted by the Developer satisfies the requirements of the offering and, in the event that no other qualified proposals are timely submitted that the City Council intends to accept and approve the Development Agreement and sale of the Property. Section 6. That it is hereby determined that the Developer possesses the qualifications, financial resources and legal ability necessary to purchase the Property and to manage and operate the Property in the manner proposed by this offering in accordance with the Plan. Section 7. That the purchase price for the Property offered by the Developer is hereby found and determined to be the fair market value of the interest being conveyed, in light of the particular restrictions upon, and the covenants, conditions and obligations being assumed by the Developer under the Development Agreement. Section 8. That the City Clerk shall receive and retain for public examination the attached Development Agreement submitted by the Developer and, in the event no other qualified proposals are timely submitted, shall resubmit the Development Agreement to the City Council for final approval and execution upon expiration of the notice hereinafter prescribed. Section 9. That this action of the City Council be considered to be and does hereby constitute notice to all concerned of the intention of this Council, in the event that no other qualified proposals are timely submitted, to accept the proposal of the Developer to purchase the Property and to approve the Development Agreement by and between City and Developer. 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 Development Agreement, 14 shall be a true copy of this Resolution, but without the attachments referred to herein, except Exhibit B. Section 11. That the City Clerk is authorized and directed to secure immediate publication of said official notice in the Telegraph Herald, a newspaper having a general circulation in the community, by publication of the text of this Resolution without attachments on or before the nd 22 day of April, 2011. Section 12. That written proposals for the purchase of the Property will be received by the City Clerk at or before 10:00 a.m., May 25, 2011 in the Office of the City Clerk, located on the first floor at City Hall, Dubuque, Iowa 52001. Each proposal will be opened at the hour of 10:00 a.m. in City Hall, Dubuque, Iowa on May 25, 2011. Said proposals will then be presented to the City Council at 6:30 p.m. on June 6, 2011, at a meeting to be held in the Council Chambers in the Historic Federal Building, Dubuque, Iowa. Section 13. That such offering shall be in substantial conformance with the provisions of Iowa Code Section 403.8, requiring reasonable competitive bidding procedures as are hereby prescribed, which method is hereby determined to be the appropriate method for making the Property available for sale. 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 sale of the Property at the date and according to the procedure hereinabove specified for receipt of such proposals and to proceed at such time to formally acknowledge receipt of each of such proposals 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 minimum requirements established by this Council hereinabove. For each proposal that satisfies these requirements, the City Council shall judge the strength of the proposal by such competitive factors and criteria as the Council shall determine to be appropriate, including but not limited to the quality of the proposed development, its architectural design and space amenities, the economic feasibility of the proposed development, the financial assistance to be provided by the City under the proposal, the anticipated uses of the renovated Property, and the over-all impact of the completed development on the community and City residents, particularly those residents living near the Property. The City Council shall then make the final evaluation and selection of the proposals, and its determination shall be final and conclusive. Section 16. That in the event another qualified 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. th Passed, approved and adopted this 18 day of April, 2011. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Paragon Square Urban Revitalization Plan: City Manager recommending that a public hearing be set for June 6, 2011 to consider establishment of the Paragon Square Urban Revitalization Plan. Upon motion the documents were received and filed and Resolution No. 138-11 Finding that the designation of the Paragon Square Urban Revitalization Plan is necessary in the interest of the public health, safety and welfare of the residents of the City of Dubuque, Iowa, and providing for a public hearing thereon was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 6, 2011 in the Historic Federal Building. 15 RESOLUTION NO. 138-11 FINDING THAT THE DESIGNATION OF THE PARAGON SQUARE URBAN REVITALIZATION PLAN IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA AND PROVIDING FOR A PUBLIC HEARING THEREON. Whereas, the City Council of the City of Dubuque finds that the property at 2887 and 2901 Central Avenue is currently vacant and underutilized; and Whereas, Paragon Square LLC and Paragon Square II LLC have purchased the properties to create multi-family residential rental housing and requests the establishment of an urban revitalization district; and Whereas, the area proposed for designation under the Urban Revitalization Act is based upon the need for the encouragement of housing and residential development and the need for preservation and restoration of buildings due to their age, history, and architecture or significance; and Whereas, Chapter 404 of the Code of Iowa provides that a public hearing shall be held on any proposed Urban Revitalization Area Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the rehabilitation and redevelopment of the hereinafter described area at 2887 and 2901 Central Avenue is found to be necessary in the interest of the public health, safety and welfare of the residents of the City and to preserve historic structures, to wit: Lot 1 of 1 and Lot 2 of 1 of Paragon Square, all in the City of Dubuque, Dubuque County, Iowa according to the recorded plat thereof. Section 2. That the Paragon Square Urban Revitalization Area Plan as proposed meets the eligibility criteria of Chapter 404.1 of the Code of Iowa, 2001. Section 3. That the proposed Paragon Square Urban Revitalization Area Plan attached hereto, shall be a matter of record and shall be available for pubic inspection in the office of the th City Clerk at City Hall, 50 West 13 Street, Dubuque, Iowa. Section 4. That the City is authorized and directed to submit the Paragon Square Urban Revitalization Area Plan to the City’s Long Range Planning Advisory Commission for review and comment; and Section 5. That the City Clerk is directed to publish notice of a public hearing on the Paragon Square Urban Revitalization Area Plan to be held on June 6, 2011 at 6:30 p.m. in the nd Council Chambers, 2 Floor, Historic Federal Building, Dubuque, Iowa 52001; and Section 6. That the owners of record will be notified by the thirtieth day prior to the public hearing. th Passed, approved and adopted this 18 day of April, 2011. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk BOARDS/COMMISSIONS Appointments to the following Boards/Commissions: Housing Commission: Three 3-year terms through August 17, 2011 (Term of Frommelt, Helling, and Sutton). Applicants: Amy Eudaley, 950 Wood Street; Patricia Rogaskie, 1502 ½ Elm Street (Additional Applicant); Regine Ronek, 2282 White Street (Additional Applicant). Motion by Jones to receive and file the documents and appoint Amy Eudaley, Patricia Rogaskie, and Regine Ronek to the Housing Commission for 3-year terms through August 17, 2011. Seconded by Braig. Connors 16 requested that the applicants be allowed to speak. Ms. Eudaley, Ms. Rogaskie, and Ms. Ronek each spoke in support of their respective appointment. Motion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. Rezoning Request – 2505 Elm Street: Proof of publication on notice of public hearing to consider a request from Reverend Richard Mihm, Dubuque Rescue Mission, to rezone property located at 2505 Elm Street from R-2A Alternate Two-Family Residential District to OR Office Residential District and Zoning Advisory Commission recommending 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 Braig. Dubuque Rescue Mission Executive Director, Richard Mihm, spoke in support of the request. Planning Services Manager Laura Carstens provided a staff report. Zoning Advisory Commission Chairperson Jeff Stiles spoke in support of the request on behalf of the Commission and provided information from the Commission’s public hearings. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 30-11 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 2505 Elm Street from R-2A Alternate Two-Family Residential District to OR Office Residential District. Seconded by Braig. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 30-11 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2505 ELM STREET FROM R-2A ALTERNATE TWO-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 Development Code, is hereby amended by reclassifying the hereinafter described property from R-2A Alternate Two-Family Residential District to OR Office Residential District, to wit: Lots 67, 68 and 69 of E. Langworthy’s Addition, 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 Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect upon publication, as provided by law. th Passed, approved and adopted this 18 day of April, 2011. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk nd Published officially in the Telegraph Herald Newspaper the 22 day of April, 2011. /s/Jeanne F. Schneider, CMC, City Clerk Expansion of Flexsteel Industries, Inc., in the Port of Dubuque: Proof of publication on notice of public hearing to consider disposing of approximately 27,137 square feet of property in the Port of Dubuque to Flexsteel Industries, Inc., for the purpose of constructing a 40,000 17 square-foot, multi-story office building and a Development Agreement relating thereto and City Manager recommending approval. Motion by Connors to receive and file the information and adopt Resolution No. 139-11 Approving a Development Agreement providing for the sale of approximately 27,137 sq. ft. and a permanent easement of 1,003 sq. ft. in the Port of Dubuque to Flexsteel Industries, Inc. Seconded by Braig. Greater Dubuque Development Corporation Vice President for Existing Businesses Dan McDonald spoke in support of the project. Responding to questions from City Council, Flexsteel CEO Ron Klosterman stated that the company did look at various locations. Resnick referenced the Port of Dubuque Master Plan and expressed concern about the Port of Dubuque becoming an office park with limited public space. Van Milligen provided details about the acquisition grant used for the project, job creation, term of the agreement, and the POD Master plan as compared to the Planned Unit Development ordinance relative to this area. Motion carried 6-1 with Resnick voting nay. RESOLUTION NO. 139-11 AUTHORIZING THE FILING OF AN APPLICATION FOR STATE FINANCIAL ASSISTANCE ON BEHALF OF FLEXSTEEL INDUSTRIES, INC. Whereas, Flexsteel Industries, Inc., has proposed the relocation and expansion of its corporate offices in Dubuque, Iowa; and Whereas, the City Council of Dubuque, Iowa, has considered said proposal and has determined that the proposed project will contribute to the local economy through the retention of 101 jobs and the creation of 10 additional jobs; and Whereas, the Iowa Department of Economic Development's Financial Assistance Program was designed to assist in the economic development efforts of local jurisdictions; and Whereas, the City of Dubuque, Iowa is eligible to apply for funding from the Iowa Department of Economic Development Department’s Financial Assistance Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the filing of an application for participation in the Iowa Department of Economic Development’s Financial Assistance Program on behalf of Flexsteel Industries, Inc., is hereby approved. Section 2. That the local match identified in the application estimated at $1,705,831 consisting of TIF funding and a land discount was approved in the Development Agreement to develop the property in the Port of Dubuque. Section 3. That the Mayor is hereby authorized to execute and the City Manager is hereby directed to submit said application to the Iowa Department of Economic Development together with such documents as may be required. th Passed, approved, and adopted this 18 day of April, 2011. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Fiscal Year 2011 Third Budget Amendment: Proof of publication on notice of public hearing to consider adoption of the Fiscal Year 2011 Third Budget Amendment and City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 140-11 Adopting the Fiscal Year 2011 Third Budget Amendment. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 140-11 AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2011. Be it Resolved by the Council of the City of Dubuque: 18 Section 1. Following notice published and the public hearing held 4/18/11 the current budget (as previously amended) is amended as set out herein and in the detail by fund type and activity that supports this resolution which was considered at that hearing: Total Budget Total Budget as certified Current after Current or last amended Amendment Amendment Revenues & Other Financing Sources Taxes Levied on Property 1 19,177,697 0 19,177,697 Less: Uncollected Property Taxes-Levy Year 2 0 0 0 Net Current Property Taxes 3 19,177,697 0 19,177,697 Delinquent Property Taxes 4 0 0 0 TIF Revenues 5 9,080,612 0 9,080,612 Other City Taxes 6 14,628,325 0 14,628,325 Licenses & Permits 7 1,187,750 0 1,187,750 Use of Money and Property 8 17,339,673 110,776 17,450,449 Intergovernmental 9 75,343,184 13,743,896 89,087,080 Charges for Services 10 30,276,561 331 30,276,892 Special Assessments 11 1,086,809 1,678,460 2,765,269 Miscellaneous 12 9,109,157 642,512 9,751,669 Other Financing Sources 13 96,719,903 8,680,290 105,400,193 Total Revenues and Other Sources 14 273,949,671 24,856,265 298,805,936 Expenditures & Other Financing Uses Public Safety 15 23,844,906 58,382 23,903,288 Public Works 16 12,366,285 720,957 13,087,242 Health and Social Services 17 962,372 0 962,372 Culture and Recreation 18 9,510,486 188,916 9,699,402 Community and Economic Development 19 12,058,987 190,809 12,249,796 General Government 20 7,185,821 4,321 7,190,142 Debt Service 21 5,807,717 -85,000 5,722,717 Capital Projects 22 87,495,426 6,994,785 94,490,211 Total Government Activities Expenditures 23 159,232,000 8,073,170 167,305,170 Business Type / Enterprises 24 110,627,348 9,470,960 120,098,308 Total Gov Activities & Business Expenditures 25 269,859,348 17,544,130 287,403,478 Transfers Out 26 29,521,061 8,584,237 38,105,298 Total Expenditures/Transfers Out 27 299,380,409 26,128,367 325,508,776 Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out Fiscal Year 28 -25,430,738 -1,272,102 -26,702,840 Continuing Appropriation 29 0 N/A 0 Beginning Fund Balance July 1 30 49,741,215 0 49,741,215 Ending Fund Balance June 30 31 24,310,477 -1,272,102 23,038,375 th Passed this 18 day of April, 2011. Roy D. Buol, Mayor Jeanne F. Schneider, CMC, City Clerk 19 Kaufmann Avenue Utility Project (John F. Kennedy Road to Chaney Road): Proof of publication on notice of public hearing to consider the plans, specifications, form of contract, and estimated cost for the Kaufmann Avenue Utility Project (John F. Kennedy Road to Chaney Road) and City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 141-11 Approving plans, specifications, form of contract, and estimated cost for the Kaufmann Avenue Utility Project (John F. Kennedy Road to Chaney Road). Seconded by Braig. Responding to questions from City Council, City Engineer Gus Psihoyos stated that the street reconstruction phase of the project will be bid by the State on June 21, 2011 adding that the utility phase is not eligible for state funding while the street construction phase is. Motion carried 7-0. RESOLUTION NO. 141-11 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE KAUFMANN AVENUE UTILITY PROJECT (JOHN F. KENNEDY ROAD TO CHANEY ROAD) 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 Kaufmann Avenue Utility Project (John F. Kennedy Road to Chaney Road), in the estimated amount $247,201.18, are hereby approved. th Passed, adopted and approved this 18 day of April, 2011. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Preliminary Plat – Liberty Subdivision: Zoning Advisory Commission recommending approval of the preliminary plat of Liberty Subdivision waiving the paving width of the proposed public street from 31 feet to 27 feet and allowing a single access length of 1,950 feet. Zoning Advisory Commission requesting that the City make appropriate improvements to Liberty Avenue in the eventuality that the proposed Liberty Subdivision is approved and developed. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Jones. Speaking for area residents, Ken Anglin, 925 Liberty Avenue, spoke in opposition to the request and expressed their collective concerns including the minimal street area, limited parking, increased truck traffic, and water drainage. Mr. Anglin requested that the request be denied or tabled. Responding to questions from City Council, Zoning Advisory Commission Chairperson Jeff Stiles stated that the street is substandard and needs attention. Planning Services Manager Laura Carstens provided information regarding average traffic patterns. Fire Chief Dan Brown stated that fire vehicles have appropriate access. City Engineer Gus Psihoyos stated that the street could be widened through property acquisition and the use of retaining walls adding that it would an assessable project. Development partner, Rick Ehrlich, 10662 Diesel Drive, stated that houses are sold contingent to approval and that Graceland, LLC can help maintain the current condition of the street by controlling their truck traffic during development. Motion carried 5-2 with Braig and Resnick voting nay. 20 Smart Growth Development: City Manager recommending approval to commit $2,000 for the efforts of Smart Growth Development as they work toward improving the Historic Tax programs that fund many rehabilitation projects in the City of Dubuque. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Resnick. Motion carried 7-0. Amendment to Joint Development Agreement with IBM: City Manager recommending approval of an amended IBM Joint Development Agreement on Smarter Water to extend and expand the community access to Smarter Water information and tools. This item was removed from the agenda. Sustainable Dubuque Watershed Network: City Manager recommending approval of a proposed research project to be undertaken in partnership with the University of Iowa to develop the Sustainable Dubuque Watershed Network. Motion by Connors to receive and file the documents and approve the recommendation. Responding to questions from City Council, Water Pollution Control Plant Manager Jonathon Brown and Resource Management Coordinator Paul Schultz stated that research would be coordinated by a high-level team from the University of Iowa that includes graduate students and professors of a two-year program and that they are confident it is a quality program. Seconded by Braig. Motion carried 7-0. Police Department – Tenant Background Check Service Provider: City Manager recommending approval of the selection of Rental Services, Inc., of Arvada, Colorado, to provide criminal history background checks as part of the City of Dubuque service to local landlords. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Connors. Responding to questions from City Council, Assistant Police Chief Terry Tobin stated that the contract prices are guaranteed for one year with thirty- day notice by the vendor or seven-day notice by the City. Tobin added that background checks would take possibly three days. Van Milligen stated that landlords are required to do background checks with services that meet the City’s standards, but are not required to use the City’s service. Motion carried 7-0. Port of Dubuque Marina Dock System and Utilities Project – Bid Package #1: City Manager recommending award of the contract for the Port of Dubuque Marina Dock System and Utilities Project – Bid Package #1 to Dubuque Barge & Fleeting Service Co., d/b/a Newt Marine Service of Dubuque, Iowa. Motion by Resnick to receive and file the documents and adopt Resolution No. 142-11 Awarding public improvement contract for the Port of Dubuque Marina Dock System and Utilities Project – Bid Package #1. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 142-11 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE PORT OF DUBUQUE MARINA PROJECT, BID PACKAGE 1 – TRANSIENT DOCKS AND UTILITIES Whereas, sealed proposals have been submitted by contractors for the Port of Dubuque Marina Project, Bid Package 1 – Transient Docks and Utilities (the Project) pursuant to Resolution No. 84-11 and Notice to Bidders published in a newspaper published in the City of th Dubuque, Iowa, on the 10 day of March, 2011. th Whereas, said sealed proposals were opened and read on the 11 day of April, 2011 and it has been determined that Dubuque Barge & Fleeting Service Co. dba Newt Marine Service of Dubuque, Iowa, with a base bid in the amount of $1,737,732.15, is the lowest responsive, 21 responsible bidder for the Project. Alternate No. 1, Alternate No. 2 or Alternate No. 3 are not accepted. 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 Newt Marine, Inc. and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. th Passed, approved and adopted this 18 day of April, 2011. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Glass Curbside Collection Policy: City Manager recommending City of Dubuque discontinue the curbside collection of glass for recycling effective July 2, 2011 and that an education and promotion campaign be initiated as soon as possible to explain to the City of Dubuque customers the reasons for the recommended policy change. Communication from Charles F. Goddard, DMASWA Administrator, advising that the Dubuque Metropolitan Area Solid Waste Agency will no longer subsidize the curbside collection of glass for recycling. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Resnick. Lynch questioned the recommendation and disagreed with the reasons for discontinuing collection stating that it is not walking the walk of sustainability and has minimal budget impact. Jones stated that currently there is no benefit to glass collection and that the City must first have a buyer for the recycled glass. Motion carried 6-1 with Lynch voting nay. Growing Sustainable Communities Conference: City Manager recommending approval of a contract with Sustainable Cities Network for the Growing Sustainable Communities Conference. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Resnick. Motion carried 7-0. Wellmark Foundation Letter of Intent: City Manager recommending approval of a Letter of Intent to the Wellmark Foundation requesting $25,000 in funding of healthy local foods projects. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Braig. Motion carried 7-0. Letter of Support for Green Dubuque EPA Environmental Justice Small Grant Application: City Manager recommending approval of a Letter of Support for Green Dubuque’s application to the EPA Environmental Justice Small Grant program. Motion by Braig to receive and file the documents and approve the recommendation. Seconded by Connors. Responding to questions from City Council, Van Milligen stated that since this is a private group it would need to request a work session with the City Council. Sustainability Coordinator Cori Burbach stated that Green Dubuque is open to having a work session with the City Council. Motion carried 7- 0. EPA Climate Showcase Communities Grant: City Manager advising that the City of Dubuque has been awarded an EPA Climate Showcase Communities grant in the amount of $473,136. Motion by Braig to receive and file the documents and approve the recommendation. Seconded by Jones. Motion carried 7-0. 22 CLOSED SESSION Motion by Jones at 9:34 p.m. to enter into closed session regarding pending litigation, property acquisition, and professional competency pursuant to Chapter 21.5(1)(c)(j)(i)Code of Iowa. Seconded by Resnick. Motion carried 7-0. Upon motion at 10:41 p.m. the City Council reconvened in open session stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 10:42 p.m. Jeanne F. Schneider, CMC City Clerk 23