Proof of Publication_City Council Proceedings 7 2 12CITY OF DUBUQUE, '
IOWA
CITY COUNCIL
PROCEEDINGS
The Dubuque City
Council met in regular
session at 6:30 p.m. on
July 2, 2012 in the
Historic Federal Build-
ing, 350 W. 6th Street.
Present: Mayor Pro-
Tern' Jones; Council
Members Braig, Lynch,
Resnick, City Manager
Van Milligen, City
Attorney Lindahl
Absent: Mayor Buol;
Council Members
Connors and Sutton
Mayor Pro -Tem Jones
read- the call and
stated this is a regular
session of the City
Council called for the
purpose of conducting
such business that may
properly come before
the Council.
PLEDGE OF
ALLEGIANCE
MOMENT OF SILENCE
Mayor Pro -Tem Jones
announced that the
City of Dubuque was
named a 2012 ' All
America City by the
National Civil League
based on the City's,
,plan to ensure that
more children are
reading at grade level
by the end of third
grade. Jones credited
the coalition that
included Every Child/
Every Promise, Car-
negie -Stout Public
Library, the Commun-
ity Foundation of
Greater Dubuque, the -
Dubuque Area Cham-
ber of Commerce and
leaders and experts
from area schools,
colleges, universities,
nonprofits, businesses,
city government and
philanthropies.
CONSENT ITEMS
Motion by Lynch to
receive - and -file the
documents, adopt the
resolutions, and dis-
pose of as indicated.
Seconded by Resnick.
Motion carried 4 -0.
Minutes and Reports
Submitted: City Coun-
cil proceedings of 6/18
Proof of publication
for City Council
proceedings of 6/4.
Upon motion the
documents were
received and filed.
Notice of Claims and
Suits: Donna McKnight
for property damage;
North Grandview
Estates, LLC /Richard
Henkel vs. City of
Dubuque for instal-
lation of streets; Tina
Pfeiler for vehicle
damage. Upon motion
the documents were
received, filed, and
referred to the City
Attorney.
Disposition of Claims:
City Attorney advising
that the following
claims have been
referred to Public
Entity Risk Services of
Iowa, the agent for the
Iowa Communities
Assurance 'Pool: Claim
by Donna McKnight for
property damage,
claim by Tina Pfeiler
for vehicle damage.
Upon motion the
documents were
received, filed and
concurred.
Safe Community
Advisory Committee:
Committee Member
I Amanda Elkins submit-
ting her resignation
from the Safe Com-
munity Advisory Com-
mittee. Upon motion
the document was
received, filed and the
resignation accepted.
Excess Worker's
Compensation Insur-
ance Renewal: City
Manager recommend-
ing approval of the
Worker's Compensa -.
tion Excess Insurance
renewal with Safety
National effective July
1, 2012 through June.
30, 2013. Upon motion
the documents were
received, filed, and -
approved.
Mediacom Dubuque
Digital Upgrade 2012:
City Manager providing
an update on
Mediacom's continuing
transition away from
analog signals toward
all digital television in
Dubuque. Upon motion
the documents were
received and filed.
Hunter Equity, LLC /-;
2013 ' Dubuque, LLC
(FedEx): City Manager
recommending appro-
val of a Consent and
Subordination Agree-
ment with CrossFirst
Bank. Upon motion the
documents were -
received, filed, and
approved.
Kaufmann Avenue
HMA Resurfacing -
Project Acceptance:
City Manager recom-
mending acceptance of
the Kaufmann Avenue
HMA Resurfacing
Project (John F.
Kennedy Road to
Carter Road), as
completed by - Top
Grade Excavating, Inc.,
in the final contract
amount of $560,742.09.
Upon motion the
documents were
received and filed and
Resolution No. 169 -12
Accepting the Kauf-
mann Avenue HMA
Resurfacing Project
(John F. Kennedy Road
to Carter Road), Iowa
DOT Project No. STP -U-
2100 (662)- -70 -31 and
authorizing the pay-
ment of the contract
amount to the con-
tractor was adopted.
Sustainable Dubuque
Project Status Update:
City Manager transmit-
. ting the monthly
Sustainable Dubuque
Project Status Update
I for June 2012. Upon
motion the documents
were received and
filed.
Mines of Spain Trail -
State Recreation Trail
Grant Application: City
Manager recommend-
ing approval to submit
a 2012 State Recrea-
tional Trails grant
application in the
amount of $170,500 to
the Iowa Department
of Transportation for
development of the -
Mines of Spain Trail
and Trailhead Project.
Upon motion the
documents were -
received and filed and
Resolution No. 170 -12 "
Authorizing State
Recreational Trails .
Grant Application to -
'lowa Department of
Transportation for
development of the
Mines of Spain Trail
and Trailhead was
adopted.
Code of Ordinances -
Adoption of Supple-
ment No. 9: City Clerk
recommending adop-
tion ofSiupplement No.
9 to the City - of
Dubuque Code of
Ordinances, which
adopts Ordinance Nos.
21 -12, 22 -12, 23 -12, 24-
12, 2542, 2942, 31 -12
and 32 -12. Upon motion
the documents were
received and filed and
Resolution No. 171 -12
Adopting Supplement
No. 9 to the Code of
Ordinances of the City
of Dubuque, Iowa was
adopted.
Homelessness Pre -
vention and Rapid Re-
Housing - program
(HPRP) Amendment:
City Manager recom-
mending approval of
Amendment Three to
the Project Concern,
Inc. Agreement for the
Homelessness Preven-
tion and Rapid Re-
Housing Program.
Upon motion the
documents were
received, filed, and
approved.
Improvement
- Contracts / Perfor-
mance, Payment and
Maintenance _Bonds:
Drew Cook & Sons
Excavating for 2012
Brick Manhole Replace-
ment Project No. 4;
Horsfield Construction,
Inc. for Ramona Street
Panel Replacement
Project; Winger Con-
struction Company for
- deconstruction of 517
East 22nd Street. Upon
motion the documents
were received and
filed.
Signed Contracts:
Racom. Critical Com=
munications for IAVL .
Equipment Service
Agreement and IP
Video Service Support,
Coca -Cola Beverage
Agreement with the
Leisure . Services
Department. Upon
motion the documents
were received and
filed.
Alcohol • Compliance
Civil Penalty for
Alcohol. License
Holders - Baymont -Inn
& Suites: City, Manager
recommending appro-
val of the Acknow-
ledgment /Settlement
Agreement for an
alcohol compliance
violation for Baymont
Inn & Suites, 4025
McDonald Drive. Upon
motion the documents
were received, filed,
and approved.
Alcohol and Tobacco
License , Applications
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. 172-
.-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 Reso-
lution No. 173 -12
Approving applications
for retail- cigarette/
tobacco sales permits,
as required by Iowa
Code 453A.47A were
adopted.
WP Investments, LLC -'
Acceptance of Deeds:
City Attorney recom-
mending the accept-
ance of deeds for -two
properties on 16th
Street from WP
Investments, LLC
related to the Bee
Branch, Creek Restor-
Loan Fund), Series
2010C for the City Wide
Water Meter Replace-
ment and Unmeasured
Flow Reducer Install -
ation Project. Upon
motion the documents
were received and filed
and Resolution No. 177-
12 Fixing date for a
meeting on the
authorization of a Loan
and Disbursement
Agreement and the
issuance of not to
exceed $3,058,000
Sewer Revenue Capital
Loan Notes of City of
Dubuque, Iowa, and
providing for publi-
cation of notice thereof
was adopted setting a
public hearing for a
meeting to commence
at 6:30 p.m. on July 16, -'
2012 in the Historic
Federal Building.
Sewer Revenue
Capital Loan Notes
(State Revolving- Fund
Sponsored Project):
City Manager recom-
mending that a public
hearing be set for July
16, 2012 on the
proposition of issuing
not to - exceed
$9,400,000 irr Sewer
Revenue Capital Loan
Notes, (State Revolving
Fund - Sponsored
Project). Upon motion
the documents were
received. and filed and
Resolution No. 178 -12
Fixing date for a
meeting , on the
authorization of a Loan
and Disbursement
Agreement and the
issuance of not to
exceed '$9,400,000,
Sewer Revenue Capital
Loan Notes of the City
of Dubuque, Iowa, and
providing for publi-
cation of notice thereof
' was adopted setting a
public hearing for a
meeting to commence
at 6:30 p.m. on July 16,
2012 in, the Historic
Federal Building. -
BOARDS/
COMMISSIONS
Applicants were
invited to address the
City Council regarding
their desire to serve on
the following Boards/
Commissions:
Building Code Boards
of Appeals: Two 3 -year
terms through August
1, 2015 (Expiring at-
large term of Luch- -
singer and ADA term of
Cruise). Applicants:
Marla Cruise, ' 905
Rockdale Road (ADA
Representative); and
Richard Luchsinger,
2875 Brueck Road (At-
Large)
Zoning 1Board of
Adjustment: One 5-
year term through
March -25, 2017
(Expiring term of
Gibbs). Applicant
William J. Gibbs, 440 S.
Grandview Avenue.
PUBLIC HEARINGS
Upon motion the rules
were suspended allow-
ing anyone present to
address the City
Council.
Holliday Third
Addition - Vacate of
Sanitary Sewer: Proof
of publication on
notice of public
hearing to .consider
request from • James
Kaune of I1W, PC
requesting the vacat-
ing of a sanitary sewer
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: July 11, 2012, and for which the charge is $198.38.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this 7qe4 day of ( , 20 /a .
Lynch to receive and
file the documents and
set the closed session
as requested. Sec-
onded by Resnick.
Motion carried 4 -0.
COUNCIL MEMBER
REPORTS -
. Council Member
Resnick made special
note of the Alda
Kaufman exhibit at the
Dubuque Museum of
Art and the dedicated
Dragon Boat team,
which he experienced
at the recent Water
Trail ribbon cutting.
There being no
further business, upon
motion the City Council
adjourned at 6:43 p.m. -
/s /Kevin S. Firnstahl
City Clerk
it 7/11
-
Notary Public in and for Dubuque County, Iowa.
MARY K. WESTERMEYER
Commission Number 154885
M :Co t:Ex' s;. J., -014 -
uuouque Code of
Ordinances Title 4'
Business. and License
Regulations, Chapter 2
Liquor Control, Article
B Liquor, Beer and
Wine Licenses and
Permits; and Reso-
lution No. 173 -12
Approving applications
for retail - cigarette/
tobacco sales permits,
as required by Iowa
Code 453A.47A were
adopted.
WP Investments, LLC -'
Acceptance of Deeds:
City Attorney recom-
mending the accept-
ance of deeds for :two
properties on 16th
Street from WP
Investments, LLC
related to the Bee
Branch Creek Restor-
ation Project. Upon
motion the documents
were received and filed
and Resolution No. 174-
12 Accepting the deed
to certain real estate in
Dubuque County, Iowa
from WP Investments,
LLC (East'/ of Lot 252);
and Resolution No. 175-
12 Accepting the deed
to certain real estate in
Dubuque County, Iowa
from WP Investments,
LLC (Tracs I, II & III)
were adopted.
ITEMS TO BE SET FOR
PUBLIC HEARING
Motion by Lynch to
receive and file the
documents, adopt the
resolutions, set the
public hearings as
indicated, and direct
the City Clerk to
publish notice as
prescribed by law.
Seconded by Resnick.
Motion carried 4 -0.
Theisen Supply, Inc.:
City Manager recom-
mending that a public
hearing be re -set 'for
July 16, 2012, to
approve disposition of
approximately 5.7
acres in, the Dubuque
Industrial Center West
to Leo Theisen for the
purpose of construct-
ing an 80,000 square
foot warehouse expan-
sion. Upon motion the
documents were
received and filed and
Resolution No. 176 -12
Resolution of Intent to
dispose of an interest
in City of Dubuque real
estate and fixing the
date for a public
hearing of the City
Council of The City Of
Dubuque, Iowa on the
proposed issuance of
Urban 'Renewal Tax
Increment Revenue
Obligations and the
execution of a
Development Agree-
ment relating thereto
with Leo A. Theisen
and Theisen, Supply,
Inc. and providing for
the publication of
notice thereof was
adopted setting a
public hearing for a
meeting to commence
at 6:30 p.m. on July 16,
2012 in the Historic
Federal Building.
Annexation Request =
C3 Investments: 'City
Manager recommend-
ing that a public
hearing be set for July
16, 2012 on the
annexation request of
C3 Investments Trust
for 0.063 acres of
property on the south
side of the City of
Dubuque adjacent to
Timber -Hyrst Subdivi-
sion. Upon motion the
documents were
received and filed and
a public hearing was
set for a meeting to
commence at 6:30.p.m.
on July 16, 2012 in the
Historic Federal
Building. ,
Sewer Revenue
Capital Loan Notes
(Refunding Water
Revenue Capital Loan
Notes Series 2010C):
City Manager recom-
mending that a public
hearing be set for July
16, 2012 on the
proposition of issuing
not to exceed
$3,058,000 in Clean
Water State Revolving,
Fund Loan Notes to
refund $3,058,000
Water Revenue Capital
Loan Notes (Drinking
Water .State Revolving
Large)
Zoning poard of
Adjustment: One 5-
year term through
March 25, 2017
(Expiring term of
Gibbs): Applicant:
William J. Gibbs, 440 S.
Grandview Avenue.
PUBLIC HEARINGS
Upon motion the rules
were suspended allow-
ing anyone present to
address the City
Council.
Holliday Third
Addition - Vacate of
Sanitary Sewer: Proof
of publication on
notice of public
hearing to •considet
request from James
Kaune of I1W, PC
requesting the vacat-
ing of a sanitary sewer
easement in the
Holliday Third Addition
and the City Manager
recommending appro-
val. Motion by Lynch to
receive and file the
documents and adopt
Resolution No. 179 -12
Disposing of City
interest in a sanitary
sewer easement over
and across Lot 7 and
Lot 2 of S in Holliday
Third Addition in the
City of Dubuque,
Dubuque County, Iowa;
and Resolution No. 180-
12 Release of sanitary
sewer easement over
and across Lot 7'. and
Lot 2 of 8 in Holliday
Third Addition in the
City of Dubuque,
Dubuque County, Iowa.
Seconded by Braig.
Motion carried 4 -0.'
(Holliday Third Addi-
tion - Vacate of Storm
Sewer Easement: Proof
of publication on
notice of public
hearing to consider a
request from Nick
Lange of Buesing &
Associates for the
vacating and reloca-
tion of a storm sewer
easement in the
Holliday Third Addition
and the City Manager
recommending appro-
val. Motion by Braig to
receive and file the
documents and adopt
Resolution No. 181 -12
Approving plat of
storm sewer easement;
Resolution No. 182.12
Disposing of City
interest in 'a storm
sewer easement on Lot
1 ' of Holliday Third
Addition in the City of
Dubuque, Dubuque
County, Iowa; and
Resolution No 183 -12
Release of storm sewer
easement over Lot 1
Holliday Third Addition
in the City of Dubuque,
Dubuque County, Iowa.
Seconded by Resnick.
Motion carried 4-0..
North End Trail
Lighting Project: Proof
of . publication on
notice of public
hearing to approve the
plans and specifi-
cations, estimated cost
wand form of contract
for the North End Trial
Lighting Project and
the City • Manager
recommending appro-
val. Motion by Braig to
receive and file the
documents and adopt
Resolution No. 184-12
Apprpval of plans and
specifications, form of
contract and estimated
cost for the North End
Neighborhood Trial
Lighting Project. Sec-
onded by Resnick Lei-
sure Services Manager
Marie; Ware provided a
description of the
'lighting stating that it
pertained to the City
portion I of the , off -
street section of the
trail. Motion carried 4 -0.
Upon motion the rules
were reinstated limit-
ing discussion to the
City Council.
ACTION ITEMS
Request for Closed.
Session: City Manager
requesting a closed
session for Monday,
July 16, at 5:30 p.m. to
discuss legal matters
and rescheduling the
tour of the Water &
Resource Recovery '
Center that was
scheduled for July 16,
to Monday, August 20,
at 4:30 p.m. Motion by