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,
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$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