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Proof of Publication_City Council Proceedings 12 5 11CITY OF DUMIQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION . The Dubuque City Council met in special session at 5:30 p.m. on December 5, 2011 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 Mem- ber Lynch Mayor Buol read the call and stated this is a special session of the City Council to conduct a work session on the draft Intermodal Cen- ter design concepts. WORK SESSION Draft Intermodal Cen- ter Design Concepts Assistant Economic Development Director Aaron DeJong provided background informa- tion on the request for proposal process. DeJong reviewed sev- eral of the campus components including the Jule terminal hub, passenger rail plat- form, and parking fa- ties. Motion by Con- nors 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. Assistant Planning Services Man - ager Kyle Kritz provid- ed a staff report. De- veloper Daryl Biechler, 7762 Wildnest Lane and owner of Rock Sol - id Masonry, spoke in support of the pro- posed ordinance stat- ing that conditions had been resolved and thanked the Council and staff for their guid- ance. Richard Cheney, 2270 Jaeger Drive, stat- ed that the issues had been resolved to the approval of the neigh- bors. Motion carried 6 -0. Motion by Connors for final consideration and passage of Ordinance No. 52 -11 Amending Ti- tle 16 of the City of Du- buque Code of Ordi- nances, Unified Devel- opment Code by reclassifying herein- after described proper - ty located at 2155 Rockdale Road from R- 3 Moderate Density Multi - Family Residen- tial District to C -3 Gen - eral Commercial Dis- trict with conditions. Seconded by Resnick. Motion carried 6 -0. General Obligation Ur- ban Renewal Bonds: Proof of publication on notice of public hear - ing to consider the is- suance of not to ex- ceec ,.G nnn non '- r• > -- Buy -Out: City Manager recommending appro- val to submit the City of Dubuque's 2011 Haz- ard Mitigation Grant Program (HMGP) Buy- out Application in the amount of $673,718 for four flood damages properties in the Man- son Road /Old Mill Road area. Motion by Jones to receive and file the documents and adopt Resolution No. 417 -11 Authorizing HMPG grant application for acquisition of flood - damaged properties. Seconded by Braig. Motion carried 6 -0. A.Y. McDonald - Fi- nancial Assistance Ap- plication: City Manager recommending author- ization to submit an application for finan- cial assistance to the Iowa Economic Devel- opment Authority on behalf of A.Y. McDo- nald for a major expen- diture at the Dubuque facility. Motion by Jones to receive and file the documents and adopt Resolution No. 418 -11 Authorizing the filing of an application for state financial as- sistance on behalf of A.Y. McDonald Mfg. Co. Seconded by Braig. Motion carried 6 -0. Arts and Cultural Af- fairs Coordinator Posi- tion: City Manager rec- ommending approval to increase the Arts and Cultural Affairs Co- ordinator from a part- time 10 hours per week (.25 FTE) position to a part-time 20 hours per week (.5 FTE position). Motion by Connors to receive and file the STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PI1 ILIMCATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., ari Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; heieby certify that the attached notice was published in said newspaper on the following dates: December 14, 2011, and for which the charge is $367.91. Subscribed to before me, a Notary Public in and for Dubuque County, Io %va, this / day of } , 20 Fy . Notary Public in and for Dubuque Co unty, TOW F:. cilities adding that the scope of the project is still evolving. Site is- sues include the re- alignment of 9th and Elm Streets and the Hwy 52 official route. Tim Schroder, Vice President of Neuman Monson Architects, provided a slide pre- sentation on the draft design concepts, gen- eral layout and compo- nents of the project. Highlights included ideas for the passenger rail platform, overhead walkway from the ter- minal hub to the park- ing facilities, exterior materials, landscaping, and gateway signage. Specific design options will be forthcoming to the City Council follow- ing the request for pro - posal process. There being no fur- ther business, upon motion the City Council adjourned at 6:02 p.m. /s /Kevin S. Firnstahl City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on December 5, 2011 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 Mem- ber Kevin Lynch Mayor Buol read the call and stated this is a regular session of the City Council to conduct such business that may properly come before Council. Pledge of Allegiance Invocation was pro- vided by Cindy Pierce of Temple Beth El. CONSENT ITEMS Motion by Jones to re- ceive and file the docu- ments, adopt the reso- lutions, and dispose of as indicated. Seconded by Braig. Will Johnson, 2920 Keyway Street, re- quested ( #21) Citi- zen Petition - Red Light / Speed Enforcement Cameras be held for separate discussion. Motion carried 6 -0. Minutes and Reports Submitted: Arts and Cultural Affairs Ad- visory Commission of 10/25, City Council of 11/21, Civic Center Commission of 9/26, Community Develop- ment Advisory Com- mission of 10/19, Transit Advisory Board of 11/17 Library Board of Trustees Update from Meeting of November 17, 2011 Proof of publication for City Council Pro- ceedings of Meeting of November 7, 2011. Upon motion the documents were re- ceived and filed. Notice of Claims and Suits: Judge Real Es- tate for property dam- age, Marylin Kennedy for property damage. 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: Judge Real Estate, LLC for property damage, Marylin Kennedy for property damage, Rog- er Ruh for vehicle dam- age. Upon motion the documents were re- ceived, filed and con- curred. 2011 CDBG Access Ramp Installation Proj- ect: City Manager rec- ommending accept- ance of the construc- tion contract for the 2011 CDBG Access Ramp Installation Proj- ect, as completed by Skyline Trucking & Storage, Inc., in the fi- nal contract amount of $32,320. Upon motion the documents were received and filed and Resolution No. 391 -11 CITY OF anUBUQUE, A(1WA ! S03L 15'60199'optoala B low Jamau e i 'sul 'sl1elMP' "J`, 1iouq 1101 105 :... ......... 7Z 1-9 016u!p000e pant. NopuIME`, wspuel , e JeAo1,' a 50175 ';: - $69,000 as part of the acquisition program associated with the Bee Branch Creek Re- storation Project. Upon motion the documents were received and filed and Resolution No. 394- 11 Approving the ac- quisition of real estate owned by Don and Joyce Schoenberger in the City of Dubuque was adopted. Bee Branch Creek Re- storation Project - Ac- quisition of 2239 Prince Street: City Manager recommending appro- val to purchase proper- ty at 2239 Prince Street from Kim Kluga for the appraised value of $64,000 as part of the acquisition program associated with the Bee Branch Creek Re- storation Project. Upon motion the documents were received and filed and Resolution No. 395- 11 Approving the ac- quisition of real estate owned by Kim Kluge in the City of Dubuque was adopted. Code of Ordinances - Supplement No 6.: City Clerk submitting Sup- plement No. 6 to the City of Dubuque Code of Ordinances, which includes Ordinance Nos. 37 -11, 43 -11, 46- 11, and 47 -11. Upon motion the documents were received and filed and Resolution No. 396- 11 Adopting Supple- ment No. 6 to the Code of Ordinances of the City of Dubuque, Iowa, was adopted. Green Industrial Sup- ply, Inc. - Iowa Values Funds (IVF): City Man- ager recommending authorizing a contract with the Iowa Econom- ic Development Au- thority (IEDA) for Iowa Values Funds (IVF) Fi- nancial Assistance benefits on behalf of Green Industrial Sup- ply, Inc. Upon motion the documents were received and filed and Resolution No. 397 -11 Approving an Iowa Val- ues Fund financial as- sistance contract by and among the Iowa Department of Eco- nomic Development, the City of Dubuque and Green Industrial Supply, Inc. was adopt- ed. Dubuque County Co- operative Winter Main- tenance Agreement: City Manager recom- mending approval of the new Cooperative Winter Maintenance Agreement between the City and County of Dubuque. Upon motion the documents were received, filed, and ap- proved. Friends of the Mines of Spain Recognition: City Manager transmit- ting correspondence from the National As- sociation for Inter- pretation informing the City that the Friends of the Mines of Spain has received an award for Excellence in Inter- pretive Support. Upon motion the documents were received and filed. Healthy Homes & Childhood Lead Poi- soning Prevention: City Manager recommend- ing approval of a con- tract with the Dubuque County Board of Health and the Iowa Depart- ment of Public Health for continued funding of the Childhood Lead Poisoning Prevention Program and a re- newed agreement with the Visiting Nurse As- sociation for services related to the Child- hood Lead Poisoning Prevention Program and Healthy Homes Program. Upon motion the documents were received, filed, and ap- proved. Office of Healthy Homes and Lead Haz- ard Control Assess- ment: Correspondence from the U.S. Depart- ment of Housing and Urban Development's Office of Healthy Homes and Lead Haz- ard Control informing the City's that it's Healthy Homes and Lead Hazard Control program has received d In 1 • t-tts lawwoIl ;sod 11)150 -uohlpuoo 1,1 avow s 11515ELeoauo'oae struction contract for the Raymond Place/ Maiden Lane Retaining Wall Repair Project, as completed by Top Grade Excavating, Inc., in the final contract amount of $225,796.54, and adoption of the Fi- nal Schedule of Assess- ments. Upon motion the documents were received and filed and Resolution No. 399 -11 Accepting the Ray- mond Place /Maiden Lane retaining wall re- pair project and au- thorizing the payment of the contract amount to the contractor; and Resolution No. 400 -11 Adopting the Final As- sessment Schedule for the Raymond Place / Maiden Lane Retaining Wall Repair Project were adopted. Citizen Petition - Red Light / Speed Enforce- ment Cameras: Will Johnson submitting a citizen petition in op- position to the pro- posed red light / speed enforcement cameras. Motion by a Braig to receive and file the documents. Seconded by Jones. Will Johnson, 2920 Keyway Street, provided informational handouts and spoke in opposition to the pro- posed program on be- half of the petitioners. Motion carried 6 -0. Dubuque Terminals - Amendment to Lease Agreement: City Man- ager recommending approval of the First Amendment to the Lease Agreement be- tween the City of Du- buque, Iowa, and Du- buque Terminals, Inc. (The Ice Harbor Lease). Upon motion the docu- ments were received and filed and Resolu- tion No. 401 -11 Approv- ing a First Amendment to the Lease Agree- ment between the City of Dubuque, Iowa, and Dubuque Terminals, Inc., was adopted. Crescent Community Health Center - Imme- diate Facility Improve- ment Grant: City Man- ager submitting corre- spondence to the Health Resources and Services Administra- tion in support of Cres- cent Community Health Center's appli- cation for an Immedi- ate Facility Improve- ment grant. Upon mo- tion the documents were received, filed, and approved. 10th & Central Park- ing Ramp and Fire Headquarters Expan- sion Project: City Man- ager recommending acceptance of the con- struction contract for the 10th & Central Parking Ramp and Fire Headquarters Expan- sion Project, as com- pleted by J.P. Cullen & Sons, Inc., in the final contract amount of $7,906,417. Upon mo- tion the documents were received and filed and Resolution No. 402- 11 Accepting the 10th and Central Parking Ramp and Fire Head- quarters Expansion and authorizing the payment of the con- tract amount to the contractor, J.P. Cullen & Sons, Inc., was adopted. Dubuque Racing Asso- ciation: City Manager recommending ,appro- val of the refinancing of the existing Dubu- que Racing Association debt at more favorable terms with the same lenders, American Trust and Savings Bank and Dubuque Bank & Trust as requested by Dubuque Racing Asso- ciation President and CEO, Jesus Aviles. Upon motion the docu- ments were received, filed, and approved. City of Dubuque State Legislative Issues for the 2012 Session: City Manager recommend- ing approval of the City of Dubuque's State of Iowa Legislative Priori- ties to be adopted by the City Council and presented to legisla- tors at the annual Leg- islative. Dinner on De- cember 7, at 5:30 p.m. at the Grand River Cen- Development Block Grant award in the amount of $24,500 for the creation of a Wa- tershed Management Authority Board for the Catfish Creek Water- shed was adopted. 10th and Central Ave- nue Parking Facility - Adoption of Mortgage: City Manager recom- mending approval of a resolution adopting the First Priority Mortgage required by the U.S. Department of Com- merce, Department of Economic Development Administration relative to their grant award of $1.5 million towards the construction of the Central Avenue Park- ing Ramp. Upon motion the documents were received and filed and Resolution No. 407 -11 Authorizing the City Manager to sign an Agreement and Mort- gage in favor of the U.S. Department of Commerce, Economic Development Adminis- tration related to EDA Award # 05 -01 -04941 for the construction of the 10th and Central Parking Facility was adopted. Signed Contracts: A) Giese Roofing Short Form Contract for the Fire Station No. 5 Roof Replacement; B) Strand Associates, Inc., Amendment No. 5 for the Water Pollution Control Plant Modifica- tions Project. Upon mo- tion the documents were received and filed. Liquor License Renewals: City Manag- er recommending ap- proval of annual liquor license renewals as submitted. Upon mo- tion the documents were received and filed and Resolution No. 408- 11 Granting the issu- ance of a Class "LB" (Hotel /Motel) Liquor License to Holiday Inn Dubuque Five Flags; a Class "C" Beer /Liquor License to Pepper Sprout, Inc.; a Class "B" Wine to Hy -Vee # 2; and a Class "WBN" Native Wine to the En- graved Gift Collection and the Dubuque Area Chamber of Com- merce; and Resolution No. 409 -11 Granting the issuance of a Class "C" Beer Permit to Hy -Vee # 2 were adopted. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Connors to receive and file the documents, adopt the resolutions, set the public hearings as indi- cated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Resnick. Motion car- ried 6 -0. Bonson Block, LLC - Development Agree- ment: City Manager recommending setting a public hearing for De- cember 19, 2011 to consider a proposed development agree- ment with Bonson Block, LLC for property at 356 Main Street. Upon motion the docu- ments were received and filed and Resolu- tion No. 410 -11 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 In- crement Revenue Obli- gations and the execu- tion of a development agreement relating thereto with Bonson Block L.L.C., and pro- viding for the publica- tion of notice thereof setting a public hear- ing for a meeting to commence at 6:30 p.m. on December 19, 2011 in the Historic Federal Building. Scale House Building Project: City Manager recommending initia- tion of the bidding process for the Purina Drive Weigh Scale House Project, and fur- ther recommends that a public hearing be set for January 3, 2012. Upon motion the docu- ments were received and filed and Resolu- tion No. 411 -11 Prelimi- nary approval of plans, ties. Motion by Con- nors 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. Assistant Planning Services Man- ager Kyle Kritz provid- ed a staff report. De- veloper Daryl Biechler, 7762 Wildnest Lane and owner of Rock Sol- id Masonry, spoke in support of the pro- posed ordinance stat- ing that conditions had been resolved and thanked the Council and staff for their guid- ance. Richard Cheney, 2270 Jaeger Drive, stat- ed that the issues had been resolved to the approval of the neigh- bors. Motion carried 6-0. Motion by Connors for final consideration and passage of Ordinance No. 52 -11 Amending Ti- tle 16 of the City of Du- buque Code of Ordi- nances, Unified Devel- opment Code by reclassifying herein- after described proper- ty located at 2155 Rockdale Road from R- 3 Moderate Density Multi - Family Residen- tial District to C -3 Gen- eral Commercial Dis- trict with conditions. Seconded by Resnick. Motion carried 6 -0. General Obligation Ur- ban Renewal Bonds: Proof of publication on notice of public hear- ing to consider the is- suance of not to ex- ceed $5,000,000 in Gen- eral Obligation Urban Renewal Bonds for Greater Downtown Im- provements and the City Manager recom- mending approval. Mo- tion by Braig to receive and file the documents and a adopt Resolution No. 412 -11 Instituting proceedings to take additional action for the issuance of not to exceed $5,000,000 Gen- eral Obligation Bonds. Seconded by Connors. Motion carried 6 -0. General Obligation Bonds: Proof of publi- cation on notice of public hearing to con- sider the issuance of not to exceed $9,000,000 in General Obligation Bonds for Essential Corporate Purposes and the City Manager recommend- ing approval. Motion by Braig to receive and file the documents and adopt Resolution No. 413 -11 Instituting pro- ceedings to take addi- tional action for the is- suance of not to ex- ceed $9,000,000 Gener- al Obligation Bonds. Secopded by Connors. Motion carried 6 -0. Lower Bee Branch Creek Overlook Proj- ect: Proof of publica- tion on notice of public hearing to consider ap- proval of the plans, specifications, form of contract and the esti- mated cost of $1,170,411 for the Low- er Bee Branch Creek Overlook Project and the City Manager rec- ommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 414 -11 Approval of plans, specifications, form of contract, and estimat- ed cost for the Lower Bee Branch Creek Overlook Project. Seconded by Jones. Motion carried 6 -0. Lower Bee Branch Floating Island Project: Proof of publication on notice of public hear- ing to consider appro- val of the plans, speci- fications, form of con- tract and the estimated cost of $198,495 for the Lower Bee Branch Creek Floating Island Project and the City Manager recommend- ing approval. Motion by Braig to receive and file the documents and adopt Resolution No. 415 -11 Approval of plans, specifications, form of contract, and estimated cost for the Buy -Out: City Manager recommending appro- val to submit the City of Dubuque's 2011 Haz- ard Mitigation Grant Program (HMGP) Buy- out Application in the amount of $673,718 for four flood damages properties in the Man- son Road /Old Mill Road area. Motion by Jones to receive and file the documents and adopt Resolution No. 417 -11 Authorizing HMPG grant application for acquisition of flood - damaged properties. Seconded by Braig. Motion carried 6 -0. A.Y. McDonald - Fi- nancial Assistance Ap- plication: City Manager recommending author- ization to submit an application for finan- cial assistance to the Iowa Economic Devel- opment Authority on behalf of A.Y. McDo- nald for a major expen- diture at the Dubuque facility. Motion by Jones to receive and file the documents and adopt Resolution No. 418-11 Authorizing the filing of an application for state financial as- sistance on behalf of A.Y. McDonald Mfg. Co. Seconded by Braig. Motion carried 6 -0. Arts and Cultural Af- fairs Coordinator Posi- tion: City Manager rec- ommending approval to increase the Arts and Cultural Affairs Co- ordinator from a part- time 10 hours per week (.25 FTE) position to a part-time 20 hours per week (.5 FTE position). Motion by Connors to receive and file the documents and ap- prove the recommen- dation. Seconded by Resnick. Arts and Cul- tural Affairs Coordina- tor Jan Staffel descri- bed her duties and the expansion of the arts programs in Dubuque. Motion carried 6 -0. Purchase of Services - Survey of Iowa Cities: City Manager submit- ting research how con- tracts for purchase of services are handled by other cities in Iowa. Restated motion by Connors to receive and file the documents, that the Purchase of Services budget proc- ess remains as it is or the next fiscal year, and immediately direct the Community Devel- opment Advisory Com- mission to develop a purchase of services funding review process for City Council appro- val by May 2012. Seconded by Braig. Council discussion in- cluded concerns about budgeting a specific amount that would al- ways cap out with the number of requests, sunsetting of annual requests, and distin- guishing between pur- chase of services and non - profit agency serv- ices. Motion carried 6 -0. Operation New View Community Action Agency: Correspond- ence from Operation New View Executive Di- rector M. Thomas Stoval requesting City representation on the Agency's Board of Di- rectors for 2012. Cur- rently Council Mem- bers Lynn Sutton and David Resnick, and City Manager designee As- sistant Budget Director Jason Hartman. Motion by Connors to re- appoint Council Mem- bers Sutton and Resnick and the City Manager or his desig- nee (currently Assis- tant Budget Director Jason Hartman). Seconded by Braig. Resnick stated that he is willing to serve an- other term but would like to consider alter- nating membership next year with another Council member to gain experience from a different board ap- pointment. Motion car- ried 6 -0. 0,DtmlCIi1. MEMEER REPORTS Sutton reported on the Martin Luther King, Jr. essay contest on Saturday, December 10, at the Dubuque ■ STATE OF WA U UQUE COUNTY o CE ! TIFICATION DI 1J I1J T SIC 1, Suzanne Pike, a is illing Clerk for Woodward Com:ni corporation, publisher of the Telegraph s— rr di.r newsp published in the City of Dubuque, Ccurit,i ,, Dubuque certify that the attached notice was pubHsi-te,ci in. said ne dates: December 14, 2011, and for which the charge is Subscribed to before me, a Notary Pubic in a nd for Du this /rte day of /),,,_, , 20 Notary r: c and for alg. Connors, Jcnes, Resnick, Sutton, City Manager Van Milligen, City Attorney Lindahl Absent: Council Mem- ber Kevin Lynch Mayor Buol read the call and stated this is a regular session of the City Council to conduct such business that may properly come before Council. Pledge of Allegiance Invocation was pro- vided by Cindy Pierce of Temple Beth Ei. CCUSEN OTEUJS Motion by Jones to re- ceive and file the docu- ments, adopt the reso- lutions, and dispose of as indicated. Seconded by Braig. Will Johnson, 2920 Keyway Street, re- quested ( #21) Citi- zen Petition - Red Light / Speed Enforcement Cameras be held for separate discussion. Motion carried 6 -0. Minutes and Reports Submitted: Arts and Cultural Affairs Ad- visory Commission of 10/25, City Council of 11/21, Civic Center Commission of 9/26, Community Develop- ment Advisory Com- mission of 10/19, Transit Advisory Board of 11/17 Library Board of Trustees Update from Meeting of November 17, 2011 Proof of publication for City Council Pro- ceedings of Meeting of November 7, 2011. Upon motion the documents were re- ceived and filed. Notice of Claims and Suits: Judge Real Es- tate for property dam- age, Maryiin Kennedy for property damage. 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: Judge Real Estate, LLC for property damage, Marylin Kennedy for property damage, Rog- er Ruh for vehicle dam- age. Upon motion the documents were re- ceived, filed and con- curred. 2011 CDBG Access Ramp Installation Proj- ect: City Manager rec- ommending accept- ance of the construc- tion contract for the 2011 CDBG Access Ramp Installation Proj- ect, as completed by Skyline Trucking & Storage, Inc., in the fi- nal contract amount of $32,320. Upon motion the documents were received and filed and Resolution No. 391 -11 Accepting the 2011 CDBG Access Ramp In- stallation Project and authorizing the pay- ment of the contract amount to the con- tractor was adopted. 2011 Drain Tile Proj- ect: City Manager rec- ommending accept- ance of the 2011 Drain Tile Project improve- ments and authorizing the payment of the contract amount of $16,865.64 to Connolly Construction, Inc. Upon motion the documents were received and filed and Resolution No. 392- 11 Accepting the 2011 Drain Tile Project and authorizing the pay- ment of the contract amount to the con- tractor was adopted. School Resource Offi- cer (SRO) Agreement: City Manager recom- mending approval of the Fiscal Year 2011/2012 School Re- source Officer Agree- ment between the City of Dubuque Police De- partment and the Du- buque Community School District. Upon motion the documents were received, filed, and approved. RISE Funding Agree- ment - East 7th Street Improvements: City Manager recom- mending approval of a project agreement with the Iowa Department of Transportation for RISE funding to recon- struct East 7th Street in downtown Dubuque. Upon motion the docu- ments were received and filed and Resolu- tion No. 393 -11 Approv- ing an agreement for R.I.S.E. funding with the Iowa Department of Transportation relat- ing to redevelopment of East 7th Street in downtown Dubuque was adopted. Bee Branch Creek Re- storation Project - Ac- quisition of 2420 Wash- ington Street: City Manager recom- mending approval to purchase property at 2420 Washington Street from Don and Joyce Schoenberger for the appraised value of ;pting supple- ment 6 to the Code of Ordinances of the City of Dubuque, Iowa, was adopted. Green Industrial Sup- ply, Inc. - Iowa Values Funds (VF): City Man- ager recommending authorizing a contract with the Iowa Econom- ic Development Au- thority (IEDA) for Iowa Values Funds (IVF) Fi- nancial Assistance benefits on behalf of Green industrial Sup- ply, Inc. Upon motion the documents were received and filed and Resolution No. 397 -11 Approving an Iowa Val- ues Fund financial as- sistance contract by and among the Iowa Department of Eco- nomic Development, the City of Dubuque and Green Industrial Supply, Inc. was adopt- ed. Dubuque County Co- operative Winter Main- tenance Agreement: City Manager recom- mending approval of the new Cooperative Winter Maintenance Agreement between the City and County of Dubuque. Upon motion the documents were received, filed, and ap- proved. Friends of the Mines of Spain Recognition: City Manager transmit- ting correspondence from the National As- sociation for Inter- pretation informing the City that the Friends of the Mines of Spain has received an award for Excellence in Inter- pretive Support. Upon motion the documents were received and filed. Healthy Homes & Childhood Lead Poi- soning Prevention: City Manager recommend- ing approval of a con- tract with the Dubuque County Board of Health and the Iowa Depart- ment of Public Health for continued funding of the Childhood Lead Poisoning Prevention Program and a re- newed agreement with the Visiting Nurse As- sociation for services related to the Child - hood Lead Poisoning Prevention Program and Healthy Homes Program. Upon motion the documents were received, filed, and ap- proved. Office of Healthy Homes and Lead Haz- ard Control Assess- ment: Correspondence from the U.S. Depart- ment of Housing and Urban Development's Office of Healthy Homes and Lead Haz- ard Control informing the City's that it's Healthy Homes and Lead Hazard Control program has received a Green designation and that its overall pro- gram performance is outstanding. Upon mo- tion the documents were received and `riled. 2011 Weed /Junk/ Gar - bage Enforcement Pro- grams: City Manager recommending the levy of special assess- ments tor the second half of the 2011 Weed /Junk /Garbage Enforcement Programs in the total amount of $867.50, which is being levied against eight separate parcels of property. Upon motion the documents were received and filed and Resolution No. 398 -11 Adopting the Schedule of Assessments for second half of 2011 and directing the City Clerk to certify the Schedule of Assessments to the County Treasurer and to publish notice there- of was adopted. Mediacom Communi- cations: Correspon- dence from Senior Manager of Govern- ment Relations for Mediacom Communi- cations Lee Grassley correcting the amount of rate change stated in correspondence dat- ed November 8, 2011. Upon motion the docu- ment was received and filed. PetData, Inc. - Con- tract Renewal: City Manager recommend- ing approval of a re- newal agreement with PetData, Inc. for the pet licensing service that processes the sale of all dcg and cat li- censes in the City of Dubuque. Upon motion the documents were received, filed, and ap- proved. Proudly Accessible Dubuque - Quarterly Update: City Manager transmitting the quar- terly update from Proudly Accessible Du- buque. Upon motion the document was re- ceived and filed. Raymond Place / Maiden Lane Retaining Wall P.epair: City Man- ager recommending acceptance of the con- Amendment to Lease Agreement: City Man- ager recommending approval of the First Amendment to the Lease Agreement be- tween the City of Du- buque, Iowa, and Du- buque Terminals, Inc. (The Ice Harbor Lease). Upon motion the docu- ments were received and filed and Resolu- tion No. 401-11 Approv- ing a First Amendment to the Lease Agree- ment between the City of Dubuque, Iowa, and Dubuque Terminals, Inc., was adopted. Crescent Community Health Center - Imme- diate Facility Improve- ment Grant: City Man- ager submitting corre- spondence to the Health Resources and Services Administra- tion in support of Cres- cent Community Health Center's appli- cation for an Immedi- ate Facility Improve- ment grant. Upon mo- tion the documents were received, filed, and approved. 10th & Central Park- ing Ramp and Fire Headquarters Expan- sion Project: City Man- ager recommending acceptance of the con- struction contract for the 10th & Central Parking Ramp and Fire Headquarters Expan- sion Project, as com- pleted by J.P. Cullen & Sons, Inc., in the final contract amount of $7,906,417. Upon mo- tion the documents were received and filed and Resolution No. 402- 11 Accepting the 10th and Central Parking Ramp and Fire Head- quarters Expansion and authorizing the payment of the con- tract amount -to- the contractor, J.P. Cullen & Sons, Inc., was adopted. Dubuque Racing Asso- ciation: City Manager recommending .appro- val of the refinancing of the existing Dubu- que Racing Association debt at more favorable terms with the same lenders, American Trust and Savings Bank and Dubuque Bank & Trust as requested by Dubuque Racing Asso- ciation President and CEO, Jesus Aviles. Upon motion the docu- ments were received, filed, and approved. City of Dubuque State Legislative Issues for the 2012 Session: City Manager recommend- ing approval of the City of Dubuque's State of Iowa Legislative Priori- ties to be adopted by the City Council and presented to legisla- tors at the annual Leg- islative Dinner on De- cember 7, at 5:30 p.m. at the Grand River Cen- ter. Upon motion the documents were re- ceived, filed, and ap- proved. Platinum Holdings, LLC- Debt Refinancing: City Manager recom- mending approval of a request from Platinum Holdings, LLC (The Grand Harbor) to refi- nance their debt. Upon motion the documents were received and filed and Resolution No. 403- 11 Approving Consent and Subordination to Third Mortgage Agree- ment for Platinum Holdings, LLC in favor of American Trust & Savings Bank and ap- proving an amendment to First Mortgage Agreement with Ameri- can Trust & Savings Bank; Resolution No. 404 -11 Approving Con- sent and Subordination to Second Mortgage Agreement for Plati- num Holdings, LLC in Favor or E.C.I.A Busi- ness Growth, Inc.; and Resolution No. 405 -11 Approving an Assign- ment of Amended De- velopment Agreement, Assignment of Lease, and Assignment of Parking Use Agree- ment to ECIA Business Growth, Inc., were adopted. Brownfields Grant Ap- plication: City Manager recommending submit- tal of an application to the U.S. Environmental Protection Agency for $400,000 in financial assistance in doing Brownfield Assessment in the City of Dubuque. Upon motion the docu- ments were received, filed, and approved. Watershed Manage- ment Authority - Phase I Grant: City Manager recommending appro- val of the acceptance of a $24,500 Communi- ty Development Block Grant (CDBG) for the purpose of creating a Watershed Manage- ment Authority Board for the Catfish Creek Watershed. Upon mo- tion the documents were received and filed and Resolution No. 406- 11 Authorizing accept- ance of a Community the Water Pollution Control Plant Modifica- tions Project. Upon mo- tion the documents were received and filed. Liquor License Renewals: City Manag- er recommending ap- proval of annual liquor license renewals as submitted. Upon mo- tion the documents were received and filed and Resolution No. 408- 11 Granting the issu- ance of a Class "LB" (Hotel /Motel) Liquor License to Holiday Inn Dubuque Five Flags; a Class "C" Beer /Liquor License to Pepper Sprout, Inc.; a Class "B" Wine to Hy -Vee # 2; and a Class "WBN" Native Wine to the En- graved Gift Collection and the Dubuque Area Chamber of Com- merce; and Resolution No. 409 -11 Granting the issuance of a Class "C" Beer Permit to Hy -Vee # 2 were adopted. ITEMS TO BE SET FOR PUBLIC NEARING Motion by Connors to receive and file the documents, adopt the resolutions, set the public hearings as indi- cated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Resnick. Motion car- ried 6 -0. Bonson Block, LLC - Development Agree- ment: City Manager recommending setting a public hearing for De- cember 19, 2011 to consider a proposed development agree- ment with Bonson Block, LLC for property at 356 Main Street. Upon motion the docu- ments were received and filed and Resolu- tion No. 410 -11 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 In- crement Revenue Obli- gations and the execu- tion of a development agreement relating thereto with Bonson Block L.L.C., and pro- viding for the publica- tion of notice thereof setting a public hear- ing for a meeting to commence at 6:30 p.m. on December 19, 2011 in the Historic Federal Building. Scale House Building Project: City Manager recommending initia- tion of the bidding process for the Purina Drive Weigh Scale House Project, and fur- ther recommends that a public hearing be set for January 3, 2012. Upon motion the docu- ments were received and filed and Resolu- tion No. 411 -11 Prelimi- nary approval of plans, specifications, form of contract, and estimat- ed cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and or- dering the advertise- ment for bids (Purina Drive Weigh Scale House Building Project) setting a public hear- ing for a meeting to commence at 6:30 p.m. on January 3, 2012 in the Historic Federal Building. BOARDS/ COMMISSIONS Applicants were invit- ed to address the City Council regarding their desire to serve on the following Boards/ Commissions; appli- cant appointments will be made at the next City Council meeting. Human Rights Com- mission: Two 3 -year terms through January 1, 2015 (Expiring terms of Allen and Stewart). Applicants: Anthony Allen, 1725 'h Delhi Street; and R.R.S. Stewart, 460 Summit Street. Mr. Allen and Ms. Stewart spoke in support of their re- spective appointments. Mediacom Charitable Foundation: Two 1- year terms through De- cember 31, 2012 (Expir- ing terms of Chave- nelle and Twining). Ap- plicants: Gail Chave- nelle, 1155 Kelly Lane; and Connie Twinning, 421 N. Booth Street. Ms. Twinning spoke in support of her appoint- ment. PUBLIC HEARINGS Upon motion the rules were suspended allow- ing anyone present to address the City Coun- cil. Request to Rezone - 2155 Rockdale 'Road: Zoning Advisory Com- mission recommending approval to rezone property located at 2155 Rockdale Road from R -3 Moderate Density Multi - Family Residential District tO C -3 General Commer- cial District as request- ed by Joe Zwack, Triple J Land Co. LLC / Daryl Biechler, DSD Proper- trict with conditions. Seconded by Resnick. Motion carried 6 -0. General Obligation Ur- ban Renewal Bonds: Proof of publication on notice of public hear- ing to consider the is- suance of not to ex- ceed $5,000,000 in Gen- eral Obligation Urban Renewal Bonds for Greater Downtown Im- provements and the City Manager recom- mending approval. Mo- tion by Braig to receive and file the documents and a adopt Resolution No. 412 -11 Instituting proceedings to take additional action for the issuance of not to exceed $5,000,000 Gen- eral Obligation Bonds. Seconded by Connors. Motion carried 6 -0. General Obligation Bonds: Proof of publi- cation on notice of public hearing to con- sider the issuance of not to exceed 59,000,000 in General Obligation Bonds for Essential Corporate Purposes and the City Manager recommend- ing approval. Motion by Braig to receive and file the documents and adopt Resolution No. 413 -11 Instituting pro- ceedings to take addi- tional action for the is- suance of not to ex- ceed $9,000,000 Gener- al Obligation Bonds. Seconded by Connors. Motion carried 6-0. Lower Bee Branch Creek Overlook Proj- ect: Proof of publica- tion on notice of public hearing to consider ap- proval of the plans, specifications, form of contract and the esti- mated cost of $1,170,411 for the Low- er Bee Branch Creek Overlook Project and the City Manager rec- ommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 414 -11 Approval of plans, specifications, form of contract, and estimat- ed cost for the Lower Bee Branch Creek Overlook Project. Seconded by Jones. Motion carried 6 -0. Lower Bee Branch Floating Island Project: Proof of publication on notice of public hear- ing to consider appro- val of the plans, speci- fications, form of con- tract and the estimated cost of $198,495 for the Lower Bee Branch Creek Floating Island Project and the City Manager recommend- ing approval. Motion by Braig to receive and file the documents and adopt Resolution No. 415 -11 Approval of plans, specifications, form of contract, and estimated cost for the Lower Bee Branch Creek Floating Island Project. Seconded by Jones. Responding to questions from the City Council, Civil Engineer Deron Muehring stated that the cost of the project is based on that of the materials used. The vendor assembles the project and it is anchored in the water. There are about 3,000 island projects current- ly in the country. Mo- tion carried 6 -0. Upon motion the rules were reinstated limit- ing discussion to the City Council. ACTION ITEMS Project Concern As- sistance and Expense Reports: Project Con- cern Executive Director Nancy Lewis to provid- ed a verbal report on the assistance and ex- penses of the July 2011 storm event. Motion by Jones to receive and file the documents and listen to the report. Seconded by Braig. Ms. Lewis reviewed the his- tory of how Project Concern became a call center for the July 2011 storm event, shared cost figures, and de- scribed successes and weaknesses in the process. Motion car- ried 6 -0. Grand River Center Exhibit Hall Carpet Re- placement Project: City Manager recommend- ing award of the Grand River Center Exhibit Hall Carpet Replace- ment Project contract to the low bidder, Floor Show Companies, in the amount of $89,358. Motion by Connors to receive and file the documents and adopt Resolution No. 416 -11 Awarding Contract (Grand River Center Exhibit Hall Carpet Re- placement Project). Seconded by Jones. Re- sponding to questions from the City Council, Leisure Services Man- ager Marie Ware stat- ed that recycling the old carpet was a com- ponent of the bid. Mo- tion carried 6 -0. 2011 Hazard Mitiga- tion Grant Program t0 increase the Arts and Cultural Affairs Co- ordinator from a part - time 10 hours per week (.25 FTE) position to a part-time 20 hours per week (.5 FTE position). Motion by Connors to receive and file the documents and ap- prove the recommen- dation. Seconded by Resnick. Arts and Cul- tural Affairs Coordina- tor Jan Stoffel descri- bed her duties and the expansion of the arts programs in Dubuque. Motion carried 6 -0. Purchase of Services - Survey of Iowa Cities: City Manager submit- ting research how con- tracts for purchase of services are handled by other cities in Iowa. Restated motion by Connors to receive and file the documents, that the Purchase of Services budget proc- ess remains as it is or the next fiscal year, and immediately direct the Community Devel- opment Advisory Com- mission to develop a purchase of services funding review process for City Council appro- val by May 2012. Seconded by Braig. Council discussion in- cluded concerns about budgeting a specific amount that would al- ways cap out with the number of requests, sunsetting of annual requests, and distin- guishing between pur- chase of services and non - profit agency serv- ices. Motion carried 6 -0. Operation New View Community Action Agency: Correspond- ence from Operation New View Executive Di- rector 11. Thomas Stove' requesting City representation on the Agency's Board of Di- rectors for 2012. Cur- rently Council Mem- bers Lynn Sutton and David Resnick, and City Manager designee As- sistant Budget Director Jason Hartman. Motion by Connors to re- appoint Council Mem- bers Sutton and Resnick and the City Manager or his desig- nee (currently Assis- tant Budget Director Jason Hartman). Seconded by Braig. Resnick stated that he is willing to serve an- other term but would like to consider alter- nating membership next year with another Council member to gain experience from a different board ap- pointment. Motion car- ried 6 -0. CiWUJ(aCII. 9J ZMGCC REPORTS Sutton reported on the Martin Luther King, Jr. essay contest on Saturday, December 10, at the Dubuque Community School Dis- trict Forum Building and that volunteer judges are needed. PUBLIC INPUT Joseph Jacobsmeier, 1343 Loras Boulevard, stated that the revenue received from the pro- posed red light and speed enforcement camera program could fund the Purchase of Services requests. Susan Honda of Fed- eral Way, Washington, stated that she is in town visiting her son and complimented the Council on what a nice community Dubuque is. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 8:09 p.m. re- garding pending litiga- tion and property ac- quisition pursuant to Chapter 21.5(1)(c)(j) Code of Iowa. Seconded by Resnick. Motion carried 6 -0. Upon motion the City Council reconvened in open session at 9:04 p.m. stating that staff had been given proper direction. There being no fur- ther business, upon motion, the City Coun- cil adjourned at 9:05 p.m. /s /Kevin 5. Firnstahl City Clerk it 12/14