Proof of Publication_City Council Proceedings 6 4 12CITY OF DUBUQUE,
IOWA
CITY COUNCIL
PROCEEDINGS
The Dubuque City
Council met in regular
session at 6:30 p.m. on
June 4, 2012 in the
Historic Federal Build- 11
ing, 350 W. 6th Street. It
Present: Mayor Buol;
Council Members s,'?.
Braig, Connors, Jones,
Lynch, Resnick, Sutton; o:
City Manager Van -K. --
Milligen, City Attorney it
Lindahl x ,
Mayor Buol read the -a
call and stated this is a
regular session of the u(
City Council called for p2
the purpose of con- -u
ducting such business s�
that may properly ar
come before the u
Council.
PLEDGE OF
ALLEGIANCE I
MOMENT OF SILENCE AR::
PROCLAMATION(S) op(s;
Apples for Students Jo
Months (June /July 3s ,'
2012) was accepted by
Karen Bryant, Events
Coordinator for St. C..*.,
Mark Community Cen-
ter, 1201 Locust Street. sn
LGBT Pride Month
(June 2012) was uo1
accepted by Jessi Perry -IA
on behalf of Dubuque •0 -L
365, Dubuque Friends -ui
Worship Group, Mid-
west Equality Coalition, s1 p;;,
PFLAG- Dubuque Chap- -aadL
ter, Rainbow Pride, the -9.1
Riverview Center, Soul
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an 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; hereby
certify that the attached notice was published in said newspaper on the following
dates: June 13, 2012, and for which the charge is $326.23.
Subscribed to before me Notary Public in and for Dubuque County, Iowa,
this /°'f day of
Notary Public in and for Dubuque County, Iowa.
MARY K, EST E '•:,; , ._..
C mmic ion I54 ._
r�r�_
CITY OF DUBUQUE,
IOWA
CITY COUNCIL
PROCEEDINGS
The Dubuque City
Council met in regular
session at 6:30 p.m. on
June 4, 2012 in the
Historic Federal Build-
ing, 350 W. 6th Street.
Present: Mayor Buol;
Council Members
Braig, Connors, Jones,
Lynch, Resnick, Sutton;
City Manager Van
Milligen, City Attorney
Lindahl
Mayor Buol read the
call and stated this is a
regular session of the
City Council called for
the purpose of con-
ducting such business
that may properly
come before the
Council.
PLEDGE OF
ALLEGIANCE
MOMENT OF SILENCE
PROCLAMATIONS)
Apples for Students
Months (June /July
2012) was accepted by
Karen Bryant, Events
Coordinator for St.
Mark Community Cen-
ter, 1201 Locust Street.
LGBT Pride Month
(June 2012) was
accepted by Jessi Perry
on behalf of Dubuque
365, Dubuque Friends
Worship Group, Mid-
west Equality Coalition,
PFLAG- Dubuque Chap-
ter, Rainbow Pride, the
Riverview Center, Soul
Harbor Ministries, and
the Unitarian Univer-
salist Fellowship of
Dubuque.
CONSENT ITEMS
Motion by Connors to
receive and file the
documents, adopt the
resolutions, and
dispose of as indicated
with exception to ( #11)
Dubuque Industrial
Center South - Grading
& Utilities Bid
Rejection, which was
held for separate
discussion by John
Moyna; and ( #14)
Gavilon Grain, LLC Salt
Handling Contract,
which was removed
from the agenda..
Seconded by Lynch.
Motion carried 7 -0.
Minutes and Reports
Submitted: City Coun-
cil proceedings of 5/21,
Historic Preservation
Commission of 5/17,
Safe Community Task
Force of 3/14; Proofs of
publication for City
Council proceedings of
5/7 and 5/8. Upon
motion the documents
were received and
filed.
Grand Opera House:
Correspondence from
Paul Hemmer, Exec-
utive Director of the
Grand Opera House,
thanking the Arts and
Cultural Affairs
Advisory Commission
for special project and
operational support
grant funding. Upon
motion the document
was received and filed.
Arts and Cultural
Affairs Advisory Com-
mission: Communi-
cation from Commis-
sioner Geri Shafer
regarding her decision
not to re -apply to the
Arts and Cultural
Affairs Advisory Com-
mission. Upon motion
the document was
received and filed.
TS Business Group,
LLC - Grant of
Easement for Floodwall
Improvements: City
Manager recommend-
ing acceptance of the
Grant of Easement
from TS Business
Group for Floodwall
Improvements behind
1701 Pennsylvania
Avenue. Upon motion
the documents were
received and filed and
Resolution No.134 -12
Accepting the Grant of
Easement for floodwall
improvements over
and across part of Lot 2
of Lot 2 of the
Southeast 1/4 of the
Southeast 1/4 of Section
21; T89N, R2E 5th P.M.
in the City of Dubuque,
Dubuque County, Iowa,
was adopted.
Dubuque Regional
Airport - New Passen-
ger Terminal Site
Work: City Manager
recommending appro-
val to move $28,462 in
Operating Funds to this
Capital Project to
increase the local
match to include a 15%
contingency. Upon
motion the documents
were received, filed,
and approved.
Intermodal Transpor-
tation Campus -
Consultant for Design
Phase: City Manager
recommending authori-
zation to negotiate a
contract with Neumann
Monson for the multi -
phased final design
and for construction
oversight of an
Intermodal Transpor-
tation Campus in the
Historic Millwork
District. Upon motion
the documents were
received, filed, and
approved.
Authorized Depository
Institutions: City Man-
ager recommending
approval of a
resolution increasing
the maximum balance
of City funds allowed
to be deposited in
Dubuque Bank and
Trust to $60,000. Upon
motion the documents
were received and filed
and Resolution No. 135-
12 Naming depositories
was adopted.
Circles Program
Contract - Move the
Mountain Contract:
City Manager recom-
mending approval of a
contract with Move the
Mountain for services
for the July 2012 - June
2013 contract year, at a
cost of $5,600. Upon
motion the documents
were received, filed,
and approved.
Dubuque Soil and
Water Conservation
District Contract
Amendment: City Man-
ager recommending
approval of an
amended contract with
the Dubuque Soil and
Water Conservation
District for the Catfish
Creek Watershed
Management Author-
ity. Upon motion the
documents were
received and filed and
Resolution No.136 -12
Approving a contract
amendment for water-
shed planning between
the City of Dubuque,
Iowa, and the Dubuque
Soil and Water
Conservation District
was adopted.
Mediacom Communi-
cations Company:
Correspondence from
Lee Grassley, Senior
Manager for 'Govern-
ment Relations for
Mediacom Communi-
cations Company
informing the City of
programming changes
as of June 18, 2012.
Upon motion the
document was
received and filed.
Dubuque Industrial
Center South - Grading
& Utilities Bid
Rejection: City Mana-
ger recommending
rejection of all
competitive bid pro-
posals and that the
City Council authorize
staff to immediately re-
bid the project and
authorize the City
Clerk to advertise for
proposals. Motion by
Jones to receive and
file the documents and
adopt Resolution No.
137 -12 Rejecting all
competitive bid propo-
sals received for the
Dubuque Industrial
Center South Grading
and Utilities - 2012
Project, Phase I and
directing the City Clerk
to re- advertise for the
project. Seconded by
Braig. John Moyna, C.J.
Monya & Sons, Inc.,
24412 Highway 13,
Elkader, Iowa, addres-
sed the Council
regarding what he
believed were issues
with the bidding
processes, bid adden-
dums, and the
publication of bid
information, and he
ask the City Council to
reconsider the rejec-
tion of bids. Respond-
ing to questions from
the City Council, City
Engineer Gus Psihoyos
and City Attorney
Barry Lindahl stated
that bids become
public information at
the time they are
opened and read as
stated in the Notice to
Bidders. Motion carried
7 -0.
Federal Emergency
Management Agency
(FEMA): City Manager
recommending appro-
val for the City of
Dubuque to proceed
through the review and
appeal procedures as
outlined in the letter
received from the
Federal Emergency
Management Agency
(FEMA) dated May 4,
2012. Upon motion the
documents were re-
ceived, filed, and
approved.
Sustainable Dubuque
Project Status Report:
City Manager transmit-
ting the Sustainable
Dubuque monthly
project status update
for May 2012. Upon
motion the documents
were received and
filed.
Gavilon Grain, LLC -
Salt Handling Contract:
City Manager recom-
mending approval of a
salt handling contract
with Gavilon Grain, LLC
for the 2012 -13 season.
Upon motion this item
was removed from the
agenda.
Iowa Department of
Transportation (IDOT) -
Grade Crossing Sur-
facing Repair Agree-
ment: City Manager
recommending appro-
val of the State of Iowa
Federal -Aid Grade
Crossing Surface
Repair Agreement
between the Canadian
Pacific Railway d /b /a
Dakota, Minnesota &
Eastern Railroad Cor-
poration, Iowa Depart-
ment of Transpor-
tation, and the City of
Dubuque for the East
16th Street railroad
crossing. Upon motion
the documents were
received and filed and
Resolution No. 138 -12
Approving State of
Iowa Federal -Aid Grade
Crossing Surface
Repair Agreement for
the construction of
surface improvements
at the railroad crossing
located at East 16th
Street (Agreement
376127D) was adopted.
Eide Bailly Audit
Engagement Agree-
ment: City Manager
advising that the
annual audit engage-
ment letter to Eide
Bailly has been signed
and is transmitting
information contained
in the audit engage-
ment letter. Upon
motion the documents
were received and
filed.
Smart Planning
Consortium Update:
City Manager transmit-
ting an update to the
City Council on the
Dubuque County Smart
Planning Consortium.
Upon motion the
documents were
received and filed.
Southwest Arterial -
AECOM Supplemental
Agreement: City Man-
ager recommending
approval for the Mayor
to execute the Con-
sultant Professional
Services - Supplemen-
tal Agreement with
AECOM Technical
Services, Inc. for the
final engineering
design phase of the
Southwest Arterial,
subject to the
concurrence of the
Iowa Department of
Transportation. Upon
motion the documents
were received and filed
and Resolution No. 139-
12 Approving the
Consultant Profes-
sional Services Supple-
mental Agreement No.
11 between AECOM
Technical Services, Inc.
and the City of
Dubuque for the final
engineering design
phase of the Southwest
Arterial Project was
adopted.
Sunset Ridge Recon-
struction - Project
Acceptance: City Man-
ager recommending
acceptance of the
improvements, estab-
lish the final contract
at $1,225,080.15 and
adopt the Final
Schedule of Assess-
ments for the Sunset
Ridge Reconstruction
Project. Upon motion
the documents were
received and filed and
Resolution No. 140 -12
Accepting the Sunset
Ridge Reconstruction
Project and authorizing
the payment of the
contract amount to the
contractor; and Reso-
lution No. 141 -12
Adopting the final
assessment schedule
for the Sunset Ridge
Reconstruction Project
were adopted.
Homelessness Preven-
tion and Rapid Re-
Housing Program
(HPRP): Correspon-
dence from the U.S.
Department of Housing
and Urban Develop-
ment (HUD) informing
the City that it must
expend 100 percent of
the Homelessness Pre-
vention and Rapid Re-
Housing Program
(HPRP) grant by July
15, 2012. Upon motion
the documents were
received, filed and
referred to the City
Manager.
Healthy Homes and
Lead Hazard Control
Grant Quarterly Re-
port: Correspondence
from the U.S.
Department of Housing
and Urban Develop-
ment (HUD) Office of
Healthy Homes and
Lead Hazard Control
informing the City that
its program has
received an overall
rating of 100 out of 100
with a Green desig-
nation for meeting
and /or exceeding most
primary benchmarks.
Upon motion the
documents were
received and filed.
Economic Develop-
ment Administration
Disaster Grant - Bee
Branch Creek Restora-
tion: City Manager
recommending that the
City submit a $4 million
grant request to the
U.S Economic Devel-
opment Administration
for the Bee Branch
Creek Restoration
Project. Upon motion
the documents were
received and filed and
Resolution No.142 -12
Approving an applica-
tion for flood disaster
funding to the EDA for
the Bee Branch Creek
Restoration Project
was adopted.
Signed Contracts: A)
Dubuque County Elec-
tions Lease, B) Twilight
River Boat Docking
Agreement. Upon mo-
tion the documents
were received and
filed.
Business License
Refunds: Request for
liquor license refunds
for The Twisted Pickle,
LLC in the amount of
$211.25; and The Dis-
trict, Inc. in the amount
of $422.50. Upon mo-
tion the documents
were received, filed,
and approved.
Alcohol and Tobacco
License Applications:
City Manager recom-
mending approval of
annual liquor, beer,
wine and tobacco
licenses applications
as submitted. Upon
motion the documents
were received and filed
and Resolution No.143-
12 Approving applica-
tions for beer, liquor,
and /or wine permits,
as required by City of
Dubuque Code of
Ordinances Title 4
Business and License
Regulations, Chapter 2
Liquor Control, Article
B Liquor, Beer and
Wine Licenses and
Permits; and Resolu-
tion No. 144 -12 Approv-
ing applications for
retail cigarette /tobac-
co sales permits, as
required by Iowa Code
453A.47A were adopted.
BOARDS/
COMMISSIONS
Applicants were
invited to address the
Citlf CAI ^r.' ' r,rr• -r
Street.
Investment Oversight
Advisory Commission:
Two 3 -year terms
through July 1, 2015
(Expired terms of
Chalmers and Simon-
son). Applicants: Brad
Chalmers, 1095 W. 3rd
Street; John Keith King,
489 W. 4th Street;
Ashlie Simonson, 44 S.
Algona Street. Mr. King
spoke in support of his
appointment.
Library Board of
Trustees (Mayoral
Appointment) Two 4-
year terms through
July 1, 2016 (Expired
terms of Connors and
Anderson- Bricker).
Applicants: John
Anderson - Bricker, 903
Merz Street; Paula
Connors, 818 S. Grand-
view Avenue; John
Pregler, 1525 Pego
Court. Mr. Anderson -
Bricker, Ms. Connors,
and Mr. Pre -gler spoke
in support of their
respective appoint-
ments.
Long Range Planning
Advisory Commission:
Two 3 -year terms
through July 1, 2015
(Expired terms of
Darter and Pregler).
Applicants: Chad
Darter, 2544 Matthew
John Drive; John
Pregler, 1525 Pego
Court. Mr. Pregler
spoke in support of his
appointment.
Park and Recreation
Commission: One 3-
year term through June
30, 2015 (Expired term
of Blocker). Applicant:
Robert Blocker, 880
Kane Street. Mr. Block -
er spoke in support of
his appointment.
Transit Advisory
Board: One 3 -year term
through July 30, 2015
(Expired term of
Esser). Applicant: Matt-
hew Esser, 90 Main
Street.
Appointment to the
following commission:
Human Rights Com-
mission: One 3-year
term through January
1, 2013 (Vacant term of
Ronek). Applicant: An-
drea Helgager, 40 Main
Street. Motion by Braig
to appoint Andrea
Helgager to the Human
Rights Commission to
complete a vacant 3-
year term through
January 1, 2013.
Seconded by Connors.
Motion carried 7 -0.
PUBLIC HEARING
Upon motion the rules
were suspended allow-
ing anyone present to
address the City
Council.
Loras College Park-
way - Grading /Paving,
Public Hearing &
Award: Proof of publi-
cation on notice of
public hearing to con-
sider the approval of
the plans, specifica-
tions, form of contract
and estimated cost for
the Loras Parkway
Project, authorize the
City Manager to exe-
cute the Subgrantee
Agreement, and award
the project to Horsfield
Construction, Inc. in
the amount of
$483,757.45 subject to
the approval of the
Iowa Department of
Transportation. Upon
motion the documents
were received and filed
and Resolution No. 145
Approval of plans,
specifications, form of
contract, and esti-
mated cost for the
Loras Parkway Project
(Iowa DOT Project No.
TCSP-PA27(003)--9S-
31); Resolution No. 146-
12 Approving a
Subgrantee Agreement
between the City of
Dubuque and Loras
College for the Loras
College Parkway PCC
Pavement - Grade and
Replace Project (Iowa
DOT Project No. TCSP-
PA27(003)--9S-31); and
Resolution No. 147 -12
Awarding Public Im-
provement Contract
for the Loras Parkway
PCC Pavement - Grade
and Replace Project
(Iowa DOT Project No.
TCSP-PA72(003)--9S-
31) were adopted.
Upon motion the rules
were reinstated limit-
ing discussion to the
City Council.
ACTION ITEMS
Cookin' Something Up
- Alcohol Compliance
Violation Hearing:
Assistant City Attorney
Crenna Brumwell con-
ducted a civil penalty
hearing on the second
alcohol compliance vio-
lation as requested by
Cookin' Something Up,
1640, John F. Kennedy
Road. Mayor Buol
swore in the witnesses.
Motion by Connors to
receive the Exhibits as
submitted. Seconded
by Braig. Motion car-
ried 7 -0.
Assistant City
Attorney Crenna Brum-
well and Attorney for
the business Tom
Goodman provided
opening statements.
Testimony was heard
from Amy Hedley,
Mary Kay Hurm,
Kerianne Kane, Ste-
phanie Gorius, Doris
Gorius, Corporal Steve
r rl.::•rP_
tion by Connors to
receive and file the
information. Seconded
by Resnick. Motion
carried 7 -0.
Demolition Permit
Appeal - 1760 Jackson
Street: City Manager
recommending appro-
val to issue a
demolition permit at
1760 Jackson Street in
response to an appeal
to City Council by Ted
Stackis regarding the
Historic Preservation
Commission's denial of
the permit. Motion by
Braig to receive and
file and approve the
issuance of the
demolition permit per
the City Manager's
recommendation. Sec-
onded by Resnick.
Motion carried 7 -0.
Sale of Bonds -
Taxable General Obli-
gation Bonds Series
2012C and General
Obligation Bonds Ser-
ies 2012D: City Mana-
ger advising that the
results of the sale of
6,965,000 Taxable Gen-
eral Obligation Bonds
Series 2012C and
$7,595,000 General
Obligation Bonds
Series 2012D will be
brought to the June 4,
2012 City Council
meeting for approval.
Motion by Connors to
receive and file the
documents and adopt
Resolution No. 148 -12
Directing the sale of
Taxable General Obli-
gation Bonds Series
2012C, and Resolution
No. 149-12 Directing
the sale of General
Obligation Bonds Ser-
ies 2012D. Seconded by
Jones. Judy Vanda of
PFM Group reviewed
the results of the bond
sale and responded to
questions from the City
.7Co-0. uncil. Motion carried
Appeal of Sidewalk
Installation - 449
Lowell Street: Corres-
pondence from Rod
and Sharron Chapman
appealing the City's
requirement for a
sidewalk at 449 Lowell
Street. Motion by
Connors to receive and
file the documents and
grant an exception to
the sidewalk require-
ment until such time as
sidewalks are installed
along adjacent pro-
perties. Seconded by
Resnick. Motion car-
ried 7 -0.
Heartland Financial
USA, Inc.: City Manager
recommending appro-
val of a resolution
authorizing the sub-
mission of a Financial
Assistance application
to the Iowa Economic
Development Authority
on behalf of Heartland
Financial USA, Inc. Mo-
tion by Connors to re-
ceive and file the docu-
ments and adopt Reso-
lution No. 150 -12 Au-
thorizing the filing of a
State of Iowa Financial
Assistance application
on behalf of Heartland
Financial USA, Inc.
Seconded by Lynch.
Motion carried 7 -0.
Catfish Creek Water-
shed Management
Authority - Represen-
tatives Selection Pro-
cess: City Manager
transmitting recom-
mendations for the
selection process for
City of Dubuque
representatives, in
accordance with the
approved 28E agree-
ment for the Catfish
Creek Watershed Man-
agement Authority for
City Council review
and approval. Motion
by Connors to receive
and file the documents
and approve the
selection of one staff
member as recom-
mended by the City
Manager and two
qualified citizens with
an application process
similar to that of the
current boards and
commission program.
Seconded by Resnick.
Motion carried 7 -0.
Upper Central Avenue
Commercial Historic
District: Historic Pre-
servation Commission
recommending appro-
val of the Upper
Central Avenue Com-
mercial Historic Dis-
trict review criteria
and nomination to the
State Nominations
Review Committee.
Motion by Connors to
receive and file the
documents and ap-
prove the recommen-
dation. Seconded by
Resnick. Motion car-
ried 7 -0.
Wilmac Property
Group - Multi - Family
Rental Unit Production
Round 4 Application:
City Manager recom-
mending approval of
an application for a
Community Develop-
ment Block Grant
(CDBG) Multi - Family
Rental Unit Production -
Round 4 funding to
create multi - family
rental units in the Betty
Building located at 901
Jackson Street in the
Historic Millwork Dis-
trict. Motion by Jones
to receive and file the
documents and adopt
7PCri -ri^ Vr " -''7
cess has fewer re-
strictions than the pre-
vious CDBG item and is
also consistent with
workforce level in-
come. Motion carried 7 -0.
Request for Qualifi-
cations - Site Selection
Study and Environmen-
tal Analysis for a Bus
Storage and Mainte-
nance Facility: City
Manager recommend-
ing Council approval to
distribute a Request
for Qualifications for
services required to do
a site selection study
and environmental
analysis for a bus
storage and mainte-
nance facility. Motion
by Connors to receive
and file the documents
and approve the recom-
mendation. Seconded
by Jones. Motion
carried 7 -0.
Stormwater Manage-
ment Utility Fee for
Fiscal Year 2013: City
Manager recommend-
ing an amendment to
the City of Dubuque
Code of Ordinances
amending the Storm -
water Management
Utility Fee which will
maintain the rate of
$5.60 per month at
least through June 30,
2013. Motion by Jones
to receive and file the
documents and that
the requirement that a
proposed ordinance be
considered and voted
on for passage at two
Council meetings prior
to the meeting at
which it is to be passed
be suspended. Sec-
onded by Jones. Motion
carried 7 -0.
Motion by Jones for
final consideration and
passage of Ordinance
No. 35 -12 Amending
City of Dubuque Code
of Ordinances Section
13 -4 -5 (D) SFU Rate,
Charges, Utility Reve-
nues. Seconded by
Braig. Motion carried 7 -0.
City Wide Water
Meter Replacement
and Unmeasured Flow
Reducer (UFR) Installa-
tion Program - Project
Acceptance: City Man-
ager recommending
acceptance of the City
Wide Water Meter
Replacement and Un-
measured Flow Reduc-
er (UFR) Installation
Project, as completed
by Northern Water
Works Supply, in the
final contract amount
of $7,324,285. Motion
by Connors to receive
and file the documents
and adopt Resolution
No. 152 -12 Accepting
the City of Dubuque,
Iowa, Water Meter
Replacement Project.
Seconded by Resnick.
Motion carried 7 -0.
IowaWORKS - Region
1 Workforce Invest-
ment Board (RWIB):
Communication from
Dave Leary, Region 1
Director for Iowa -
WORKS, Northeast SS .
Iowa, requesting nom- •
inations to fill a
vacancy that exists on
the Region 1 Workforce
Investment Board
(RWIB) historically
held by a member of
the Dubuque City
Council. Motion by
Connors to receive the
documents and recom-
mend Council Mem-
bers Jones and Resnick
file resumes for
consideration to the
Region 1 Workforce
Investment Board.
Seconded by Resnick.
Motion carried 7 -0.
CLOSED SESSION
Motion by Jones to
convene in closed
session at 10:26 p.m. to
discuss pending liti-
gation and property
acquisition pursuant to
Chapter 21.5(1)(c)(j)
Code of Iowa. Sec-
onded by Braig. Motion
carried 7 -0.
Upon motion the City
Council reconvened in
open session stating
that staff had been
given proper direction.
There being no
further business, upon
motion the City Council
adjourned at 10:44 p.m.
/s /Kevin S. Firnstahl
City Clerk
It 6/13
[CATION
Communications, Inc., an Iowa
a newspaper of general circulation
J.buque and State of Iowa; hereby
said newspaper on the following
s $326.23.
ary Yuma--; anct for Dubuque County, Iowa,
,20,/, .
otary Public in and for Dubuque County, Iowa.
MARY K, WESTER,'
Ccnimiz ioi
CITY OF DUBUQUE,
IOWA
CITY COUNCIL
PROCEEDINGS
The Dubuque City
Council met in regular
session at 6:30 p.m. on
June 4, 2012 in the
Historic Federal Build-
ing, 350 W. 6th Street.
Present: Mayor Buol;
Council Members
Braig, Connors, Jones,
Lynch, Resnick, Sutton;
City Manager Van
Milligen, City Attorney
Lindahl
Mayor Buol read the
call and stated this is a
regular session of the
City Council called for
the purpose of con-
ducting such business
that may properly
come before the
Council.
PLEDGE OF
ALLEGIANCE
MOMENT OF SILENCE
PROCLAMATION(S)
Apples for Students
Months (June /July
2012) was accepted by
Karen Bryant, Events
Coordinator for St.
Mark Community Cen-
ter, 1201 Locust Street.
LGBT Pride Month
(June 2012) was
accepted by Jessi Perry
on behalf of Dubuque
365, Dubuque Friends
Worship Group, Mid-
west Equality Coalition,
PFLAG- Dubuque Chap-
ter, Rainbow Pride, the
Riverview Center, Soul
of Lot 2 of the
Southeast 1/4 of the
Southeast 'A of Section
21; T89N, R2E 5th P.M.
in the City of Dubuque,
Dubuque County, Iowa,
was adopted.
Dubuque Regional
Airport - New Passen,
ger Terminal Site
Work: City Manager
recommending appro-
val to move $28,462 in
Operating Funds to this
Capital Project to
increase the local
match to include a 15%
contingency. Upon
motion the documents
were received, filed,
and approved.
Intermodal Transpor-
tation Campus -
Consultant for Design
Phase: City Manager
recommending authori-
zation to negotiate a
contract with Neumann
Monson for the multi -
phased final design
and for construction
oversight of an
Intermodal Transpor-
tation Campus in the
Historic Millwork
District. Upon motion
the documents were
received, filed, and
approved.
Authorized Depository
Institutions: City Man-
ager recommending
approval of a
resolution increasing
the maximum balance
of City funds allowed
to be deposited in
Dubuque Bank and
Trust to $60,000. Upon
motion the documents
were received and filed
and Resolution No. 135-
12 Naming depositories
was adopted.
Circles Program
Contract - Move the
Mountain Contract:
City Manager recom-
mending approval of a
contract with Move the
Mountain for services
for the July 2012 - June
2013 contract year, at a
cost of $5,600. Upon
motion the documents
were received, filed,
and approved.
Dubuque Soil and
Water Conservation
District Contract
Amendment: City Man-
ager recommending
approval of an
amended contract with
the Dubuque Soil and
Water Conservation
District for the Catfish
Creek Watershed
Management Author-
ity. Upon motion the
documents were
received and filed and
Resolution No.136 -12
Approving a contract
amendment for water-
shed planning between
the City of Dubuque,
received from the
Federal Emergency
Management Agency
(FEMA) dated May 4,
2012. Upon motion the
documents were re-
ceived, filed, and
approved.
Sustainable Dubuque
Project Status Report
City Manager transmit-
ting the Sustainable
Dubuque monthly
project status update
for May 2012. Upon
motion the documents
were received and
filed.
Gavilon Grain, LLC -
Salt Handling Contract
City Manager recom-
mending approval of a
salt handling contract
with Gavilon Grain, LLC
for the 2012 -13 season.
Upon motion this item
was removed from the
agenda.
Iowa Department of
Transportation (IDOT) -
Grade Crossing Sur-
facing Repair Agree-
ment: City Manager
recommending appro-
val of the State of Iowa
Federal -Aid Grade
Crossing Surface
Repair Agreement
between the Canadian
Pacific Railway d /b /a
Dakota, Minnesota &
Eastern Railroad Cor-
poration, Iowa Depart-
ment of Transpor-
tation, and the City of
Dubuque for the East
16th Street railroad
crossing. Upon motion
the documents were
received and filed and
Resolution No. 138 -12
Approving State of
Iowa Federal -Aid Grade
Crossing Surface
Repair Agreement for
the construction of
surface improvements
at the railroad crossing
located at East 16th
Street (Agreement
376127D) was adopted.
Eide Bailly Audit
Engagement Agree-
ment: City Manager
advising that the
annual audit engage-
ment letter to Eide
Bailly has been signed
and is transmitting
information contained
in the audit engage-
ment letter. Upon
motion the documents
were received and
filed.
Smart Planning
Consortium Update:
City Manager transmit-
ting an update to the
City Council on the
Dubuque County Smart
Planning Consortium.
Upon motion the
documents were
received and filed.
Southwest Arterial -
AECOM Supplemental
port: Correspondence
from the U.S.
Department of Housing
and Urban Develop-
ment (HUD) Office of
Healthy Homes and
Lead Hazard Control
informing the City that
its program has
received an overall
rating of 100 out of 100
with a Green desig-
nation for meeting
and /or exceeding most
primary benchmarks.
Upon motion the
documents were
received and filed.
Economic Develop-
ment Administration
Disaster Grant - Bee
Branch Creek Restora-
tion: City Manager
recommending that the
City submit a $4 million
grant request to the
U.S. Economic Devel-
opment Administration
for the Bee Branch
Creek Restoration
Project. Upon motion
the documents were
received and filed and
Resolution No.142 -12
Approving an applica-
tion for flood disaster
funding to the EDA for
the Bee Branch Creek
Restoration Project
was adopted.
Signed Contracts: A)
Dubuque County Elec-
tions Lease, B) Twilight
River Boat Docking
Agreement. Upon mo-
tion the documents
were received and
filed.
Business License
Refunds: Request for
liquor license refunds
for The Twisted Pickle,
LLC in the amount of
$211.25; and The Dis-
trict, Inc. in the amount
of $422.50. Upon mo-
tion the documents
were received, filed,
and approved.
Alcohol and Tobacco
License Applications:
City Manager recom-
mending approval of
annual liquor, beer,
wine and tobacco
licenses applications
as submitted. Upon
motion the documents
were received and filed
and Resolution No.143-
12 Approving applica-
tions for beer, liquor,
and /or wine permits,
as required by City of
Dubuque Code of
Ordinances Title 4
Business and License
Regulations, Chapter 2
Liquor Control, Article
B Liquor, Beer and
Wine Licenses and
Permits; and Resolu-
tion No. 144 -12 Approv-
ing applications for
retail cigarette /tobac-
co sales permits, as
required by Iowa Code
453A.47A were adopted.
BOARDS/
COMMISSIONS
Applicants were
invited 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.
Arts and Cultural
Affairs Advisory Com-
mission: Three 3 -year
terms through June 30,
2015 (Expired terms of
Henkels, Steffen and
Shafer). Specialized
positions: 2 Business/
Professional represen-
tatives (One living/
working within the
Cultural District); and 1
At -Large living /work-
ing outside the Cultural
District. Applicants:
Ellen Henkels, 890 W.
3rd Street; John Keith
King, 489 W. 4th Street;
Julie Steffen, 2260
Coates Street; Vince
Williams, 3965 Creston
Street. Ms. Henkels,
Mr. King, and Mr.
Williams spoke in
support of their re-
spective appointments.
Civic Center Advisory
Commission: One 3-
year term through June
29, 2015 (Expired term
of Parks). Applicant
Bryce Parks, 2005 N.
Main Street
Historic Preservation
Commission: One 3-
year term through July
1, 2015 (Expired At-
Large term of Bichell).
Applicant: Mary Loney
Bichell, 595 W. 11th
Upon motion the rules
were suspended allow-
ing anyone present to
address the City
Council.
Loras College Park-
way - Grading /Paving,
Public Hearing &
Award: Proof of publi-
cation on notice of
public hearing to con-
sider the approval of
the plans, specifica-
tions, form of contract
and estimated cost for
the Loras Parkway
Project, authorize the
City Manager to exe-
cute the Subgrantee
Agreement, and award
the project to Horsfield
Construction, Inc. in
the amount of
$483,757.45 subject to
the approval of the
Iowa Department of
Transportation. Upon
motion the documents
were received and filed
and Resolution No. 145
Approval of plans,
specifications, form of
contract, and esti-
mated cost for the
Loras Parkway Project
(Iowa DOT Project No.
TCSP-PA27(003)--9S-
31); Resolution No. 146-
12 Approving a
Subgrantee Agreement
between the City of
Dubuque and Loras
College for the Loras
College Parkway PCC
Pavement - Grade and
Replace Project (Iowa
DOT Project No. TCSP-
PA27(003)--95-31); and
Resolution No. 147 -12
Awarding Public Im-
provement Contract
for the Loras Parkway
PCC Pavement - Grade
and Replace Project
(Iowa DOT Project No.
TCSP-PA72(003)--9S-
31) were adopted.
Upon motion the rules
were reinstated limit-
ing discussion to the
City Council.
ACTION ITEMS
Cookin' Something Up
- Alcohol Compliance
Violation Hearing:
Assistant City Attorney
Crenna Brumwell con-
ducted a civil penalty
hearing on the second
alcohol compliance vio-
lation as requested by
Cookin' Something Up,
1640, John F. Kennedy
Road. Mayor Buol
swore in the witnesses.
Motion by Connors to
receive the Exhibits as
submitted. Seconded
by Braig. Motion car-
ried 7 -0.
Assistant City
Attorney Crenna Brum-
well and Attorney for
the business Tom
Goodman provided
opening statements.
Testimony was heard
from Amy Hedley,
Mary Kay Hurm,
Kerianne Kane, Ste-
phanie Gorius, Doris
Gorius, Corporal Steve
Eastvedt, and Officer
Shane O'Brien. Motion
by Connors to receive
and file the documents,
and approve the order
provided by Assistant
City Attorney Brumwell
which imposes a $1,500
civil penalty and the
thirty -day suspension
of the liquor license as
shall be agreed upon
by the Chief of Police.
Seconded by Resnick.
Motion carried 7 -0.
Convention and
Visitors Bureau Quar-
terly Report: Director
Keith Rabe provided an
update on the activities
of the Dubuque Con-
vention and Visitors
Bureau that included
information about
changes in staff, What
Women Want event,
America's River Festi-
val, Three -on -Three
Basketball Tournament
and the National
Grocers' Association
Conference. Respond-
ing to questions from
the Council, Mr. Rahe
provided information
about the use of
hotel /motel taxes,
financial statements
provided to the
Chamber of Commerce
Board of Directors and
the City of Dubuque's
budget process, mar-
keting partnerships
and the America's
River Board and
Festival funding. Mo-
Heartland Financial
USA, Inc.: City Manager
recommending appro-
val of a resolution
authorizing the sub-
mission of a Financial
Assistance application
to the Iowa Economic
Development Authority
on behalf of Heartland
Financial USA, Inc. Mo-
tion by Connors to re-
ceive and file the docu-
ments and adopt Reso-
lution No. 150 -12 Au-
thorizing the filing of a
State of Iowa Financial
Assistance application
on behalf of Heartland
Financial USA, Inc.
Seconded by Lynch.
Motion carried 7 -0.
Catfish Creek Water-
shed Management
Authority - Represen-
tatives Selection Pro-
cess: City Manager
transmitting recom-
mendations for the
selection process for
City of Dubuque
representatives, in
accordance with the
approved 28E agree-
ment for the Catfish
Creek Watershed Man-
agement Authority for
City Council review
and approval. Motion
by Connors to receive
and file the documents
and approve the
selection of one staff
member as recom-
mended by the City
Manager and two
qualified citizens with
an application process
similar to that of the
current boards and
commission program.
Seconded by Resnick.
Motion carried 7 -0.
Upper Central Avenue
Commercial Historic
District Historic Pre-
servation Commission
recommending appro-
val of the Upper
Central Avenue Com-
mercial Historic Dis-
trict review criteria
and nomination to the
State Nominations
Review Committee.
Motion by Connors to
receive and file the
documents and ap-
prove the recommen-
dation. Seconded by
Resnick. Motion car-
ried 7 -0.
Wilmac Property
Group - Multi - Family
Rental Unit Production
Round 4 Application:
City Manager recom-
mending approval of
an application for a
Community Develop-
ment Block Grant
(CDBG) Multi - Family
Rental Unit Production -
Round 4 funding to
create multi - family
rental units in the Betty
Building located at 901
Jackson Street in the
Historic Millwork Dis-
trict. Motion by Jones
to receive and file the
documents and adopt
Resolution No. 151 -12
Resolution of Support
to the Iowa Economic
Development Author-
ity, on behalf of Tim
Mcnamara /Wilmac
Property Group for
submittal of an
application for a CDBG
Disaster Multi - Family
Unit Production Round
4 Application. Sec-
onded by Braig.
Responding to ques-
tions from City Council,
Economic Development
Director Dave Heiar
stated that this is a
competitive applica-
tion with CDBG
requirements but still
consistent with work-
force income level.
Motion carried 7 -0.
Iowa Finance Author-
ity - Novelty Iron
Works: City Manager
recommending appro-
val to pursue a $4.5
million low- interest
loan from the Iowa
Finance Authority to
assist the Novelty Iron
Works project, 333 E.
10th Street, in the
Historic Millwork Dis-
trict. Motion by Jones
to receive and file the
documents and ap-
prove the recommen-
dation. Seconded by
Resnick. Responding to
questions from City
Council, Economic
Development Director
Dave Heiar stated that
this application pro-
by Connors to receive
and file the documents
and adopt Resolution
No. 152 -12 Accepting
the City of Dubuque,
Iowa, Water Meter
Replacement Project
Seconded by Resnick.
Motion carried 7 -0.
IowaWORKS - Region
1 Workforce Invest-
ment Board (RWIB):
Communication from
Dave Leary, Region 1
Director for Iowa -
WORKS, Northeast SS.
Iowa, requesting nom - •
inations to fill a
vacancy that exists on
the Region 1 Workforce
Investment Board
(RWIB) historically
held by a member of
the Dubuque City
Council. Motion by
Connors to receive the
documents and recom-
mend Council Mem-
bers Jones and Resnick
file resumes for
consideration to the
Region 1 Workforce
Investment Board.
Seconded by Resnick.
Motion carried 7 -0.
CLOSED SESSION
Motion by Jones to
convene in closed
session at 10:26 p.m. to
discuss pending liti-
gation and property
acquisition pursuant to
Chapter 21.5(1)(c)(j)
Code of Iowa. Sec-
onded by Braig. Motion
carried 7 -0.
Upon motion the City
Council reconvened in
open session stating
that staff had been
given proper direction.
There being no
further business, upon
motion the City Council
adjourned at 10:44 p.m.
/s /Kevin 5. Firnstahl
City Clerk
It 6/13
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