Proof of Publication_City Council Proceedings 10 1 12CITY OE DUBUQUE,
IOWA
CITY COUNCIL
PROCEEDINGS
REGULAR SESSION
The Dubuque City
Council met in regular
session at 6:30 p.m. on
October 1, 2012 in the
Historic Federal Build-
ing, 350 W. 6th Street.
Present: Mayor Buol;
uolun Jrpa,JO
oeana
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public hearing for a providing for publi- Lunar Dr. receive and file the
meeting to commence cation of notice thereof Housing Trust Fund documents and adopt
at 6:30 p.m. on October was adopted setting a Advisory Committee: Resolution No: 272 -12
15, 2012 in the !Historic public hearing for a One 3 -Year term Instituting proceedings
Federal Building. meeting to commence through" September 8, to take additional
Essential Corporate at 6:30 p.m. on October ' 2015 (Expiring term of action! for the issuance
Purpose General 15, 2012 in the Historic Hingtgen): Applicant: of not to exceed
Obligation Bonds Federal Building. ! Doris Hingtgen, 309 Hill $950,000 General
Series 2012E City Bowling & Beyond, St. Ms. Hingtgen spoke Obligation Refunding
M a- n a g e r Inc. - Termination of in support of her Bonds, Series '2012G
recommending that a Leases: City Manager appointment. Seconded by Jones
public hearing be set recommending that a Safe Community Motion carried 7-0.
for October 15, 2012 on public hearing be set Advisory Committee: Port of Dubuque
the proposition of for October 15, 2012, to One 1 -Year term Watermain Extension
selling not to exceed consider the proposed through December 31, Project: Proof of
$4,000,000 in General agreement to ter- 2012 (Vacant term of publication on notice
Obligation Bonds, the ' urinate leases with Elkins). Applicant: of public hearing to
proceeds of which will Bowling & Beyond Christopher J. Welch, consider the approval
be used to pay costs of Dubuque, Inc. Upon 164 Main St. of plans, specifications,
projects in the City motion the documents PUBLIC HEARINGS form of contract and
budget previously were received and filed Upon motion the rules estimated cost for the
approved by the City and Resolution No. 270- were suspended allow- Port ! of Dubuque
Council. Upon motion 12 Setting date for ing anyone present to Watermain Extension
the documents were public hearing on the address the City Project and the City
received and filed and proposition of approv- Council. Manager recommend -
Resolution No. 268 -12 ing an agreement to Amended and ing approval. Motion
Fixing date for a terminate leases with Restated Urban Renew- by Lynch to receive
meeting on the Bowling & Beyond al Plan Greater Down- and file the documents
proposition of the Dubuque, Inc. for a town UR District: Proof and adopt Resolution
issuance of not to building located in the of publication on No. 273 -12 Approval of
exceed $4,000,000 Gen- newly amended notice of public plans, specifications,
era! Obligation Bonds, Greater Downtown hearing to consider form of contract, and
Series 2012E, (for Urban Renewal District adoption of the estimated cost for the
Essential Corporate and to, approve Amended and Restated Port of Dubuque Water -
Purposes) of the City ` payment for such Urban Renewal Plan for main Extension Project.
of Dubuque, Iowa, and agreement to Bowling the Greater Downtown " Seconded by Jones.
providing for publi- & Beyond Dubuque, Urban Renewal District Motion carried 7 -0.
cation of notice thereof : Inc., was adopted to support reinvest- Request to Vacate -
was adopted setting a setting a public ment efforts in the Peosta Street ; (Giese
public hearing for a hearing for a meeting district and the City Companies): Proof of
meeting to commence to Commence at 6:30 Manager recommend- publication on notice
at 6:30 p.m. on October ` p.m. on October • 15, ing approval. Motion of public hearing to
15, 2012 in the Historic 2012 in the Historic by Connors to receive consider a request by
Federal Building. Federal Building, and file the documents Giese Companies to
General Obligation BOARDS/ and adopt Resolution vacate a portion of
Urban Renewal Bonds: COMM SS1ONS No. 271 -12 Approving Peosta Street abutting
City Manager recom- Applicants were the Amended and their property at 2125
mending that a public invited to address the Restated Urban Kerper Blvd. and the
hearing be set for City Council regarding Renewal Plan for the City Manager ;recom-
October 15, 2012, on their desire to serve on Greater Downtown mending approval.
the proposition of the following Boards / Urban Renewal District. Motion by Connors to
selling not to exceed Commissions: Seconded by Jones. receive and file the
$12,000,000 in General Arts` and Cultural Motion carried 7 -0. documents and adopt
Obligation Urban Affairs Advisory iCorn- General ! Obligation Resolution No. 274 -12
Renewal Bonds, the 3 mission: One 3 -Year Refunding Bonds Ser- Vacating a portion of
proceeds of which will term through June 30, ies 2012G: Proof of Peosta Street to be
be used to fund urban 2015 (Vacant term of publication on notice known as Lot A of
renewal projects in the King). *Business i Pro- of public hearing ` to Giese Subdivision in
City budget previously ' fessional Living /Work- approve the suggested the City of Dubuque,
approved by the City ing within the Cultural proceedings for the Iowa; and Resolution
Council. Upon motion District. Applicants: public hearing on the No. 275 -12 Disposing of
the documents were Mary Bridget Corken, ; issuance of General City interest in Lot A of
received and filed and 469 Emmett St. Apt 26; Obligation Bonds and Giese Subdivision in
Resolution No. 269 -12 Tom Farley, 491 W 4th approval of a the City of Dubuque,
Fixing date for a ` St.; Gina Siegert, 405 ''Resolution Instituting Dubuque County, Iowa.
meeting on the Southern Ave. Mr. Proceedings to Take Seconded by Jones.
proposition of the Farley spoke in support Additional Action for Motion carried 7 -0.
issuance of not to of his appointment. the Issuance of Not to " Upon motion the rules
exceed $12,000,000 Housing Commission: Exceed $950,000 Gen- were reinstated limit -
General Obligation One - 3 -Year term eral Obligation Bonds, ing discussion to the
Urban Renewal Bonds through September 8, Series 2012G and the City Council.
(for Urban Renewal 2015 (Vacant term of City Manager recom- ACTION ITEMS
Purposes) of the City Kapler). Applicant: mending approval. International City/
of Dubuque, Iowa, and Patricia Foster, 3565 Motion by Connors to County Managers Asso-
STATE OF IOWA
DUBUQUE COUNTY
{SS:
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: October 10, 2012, and for which the charge is $237.44.
P(1,,,
Subscribed to before me, a otary Public in and for Dubuque County, Iowa,
this day of
ciation (ICMA) Climate for recreating the
Change Fellowship: sound of the Eddy
ICMA Climate Change Howard Orchestra.
Fellow Greg Bruce from Council Member
Townsville, Queens- Lynch reported on the
land, Australia, report- 175th anniversary cele
ed on his activities and bration of the Dubuque,
global connections Police Department,
regarding Sustainable which he attended as,'
Dubuque and sustain- Mayor Pro Tem.
ability since his There being no
exchange to Dubuque, further business, upon
in October 2011. motion the City Council
Motion by Connors to adjourned at 7:32 p.m.
receive and file the /s /K 5 Firnstahl i
information. Seconded CMC; City Clerk
by Resnick. Motion it 10/10
carried 7-0.
Grand River Center
Floor Settlement Pro-
ject Award: City Man-
ager recommending
that the improvement
contract for the Grand
River Center Floor
Settlement Remedia-
tion project be
awarded to Hayward
Baker, Inc. Motion by
Connors to receive and
file the documents and
adopt Resolution No.
276 -12 Awarding the
public improvement
contract for the Grand
River Center Floor
Settlement Repair Pro -
ject.,Seconded by Res-
nick.
Motion carried 7-0.
Clemons et al. vs. City
of Dubuque and Brian
Wullweber: City Attor-
ney submitting settle-
ment information on
Clemons et al. vs. City
of Dubuque and Brian
Wullweber. Motion by
Jones to receive and
file the documents and
defer to ICAP's
assessment of the
Clemons et al. vs. City`;
of Dubuque and Brian
Wullweber case and
refrain from objecting
to the settlement.
Seconded by Lynch.
Motion carried 7-0.
COUNCIL MEMBER
REPORTS
Council Member
Connors reported on
the _ death - of - Jim
Michalski, former
Council Member Ann
Michalski's _ husband
and commented on
how he exemplified the
good citizen.
Council Member
Resnick reported on
the retirement of area
band leader Jerry
Accola who is known
,204- .
Notar ublic in and for Dubuque aunty, Iowa.
MARY K. WESTERMEYER
Ccmmisslcn Number 154845
i �� =�_r F
CITY OF DUI$UQUE,
IOWA.
CITY COUNCIL.
PROCEEDINGS
REGULAR SESSION M Ilige Y
The Dubuque City
Council met in regular
session at 6 :30 P.M. on
October 1, 2012 in the
Historic Federal Build-
ing, 350 W. 6th Street.
Present: Mayor Buol;
Council Members ments for the 11th
Braig, Connors, Jones, Street Stair and
Resnick, Sutton; Handrail Repair Pro-
Manager Van ject, as completed by
n, Cit Attorney Drew Cook & Sons
Lindahl i Excavating. !Upon mo-
Mayor Buol read the tion the documents
call and stated this is a were receivetl and filed
regular session of the and Resolution No.263-
City Council called for 12 Accepting the 11th
the purpose of Street Stair and
conducting such Handrailing Repair
business' that may Project, and author -
properly come before ;zing the payment of
the City Council. the contract amount to
PLEDGE OF + the contractor, was
ALLEGIANCE; adopted.
MOMENT' OF SILENCE Drainage Basin
May the spirit of Master Plan Update:
wisdom keep our City Manager recom
hearts and minds open mending approval to
as we endeavor to enter into a
serve the common professional services
good. agreement with HDR
PROCLAMATIONS Engineering to update
Crop Walk ! Day the Drainage Basin
(October 7, 2012) was Master Plan to include
accepted by. Dorothy current and planned
Krayer, 1205 Park undertakings. Upon
Street. motion the ;documents
Trick -or -Treat Night were received, filed
(October 31, 2012) was and approved.
accepted by Mayor Iowa DOT Title VI
Buol; Assurances antl Non -
Arts and Humanities discrimination Agree -
Month (October 2012) ment: City Manager
was accepted by Arts recommending appro
Commission Chair val of the Title VI
Marina O'Rourke, 2084 Assurances and Title VI
Mullin Road; Nondiscrimination
Make a Will Month Agreement; between
(October 2012) was the Iowa Department
accepted by Library of Transportation,
Director Susan Hen- (LOOT) and ?the City ;of
it ricks and Make a Will Dubuque related to
Month Committee local protects that are
Member Joan Ness. eligible for federal aid
PRESENTATIONS) funding, and appoint
Iowa American Public ing City Engineer Gus
Works Award - Historic Psihoyos as: the Title VI
Millwork District Civil Coordinator. Upon mo-
Engineer II Jon Dienst tion the r documents
presented the Amer- were received, f i l ed
;can Public Works and approved.
Association (APWA), Environmental Stew -
Iowa Chapter, Project ardship Advisory Com -
of the 'Year Award in mission: Commissioner'
Transportation for the Gayle Walter submit -
Historic Millwork Dis- ting her resignation
trictn Complete Streets from the Environ-
Project.' mental Stewardship
CONSENT ITEMS Advisory Commission.
Motion by Lynch to Upon motion the
receive and file the documents were re-
documents, adopt the ceived, filed and the
resolutions, and; dis- resignation accepted:;
pose of as indicated. Civil Service Com -
Seconded by Braig. mission: Civil Service
Motion carried '7 -0. Commission submit -
'' Minutes and Reports ting the certified lists
Submitted: City Coun- for the positions iof
cil proceedings of 9/17; Cashier and Confi
Housing Code Board of dential Account Clerk.
Appeals of 6/19; Upon motion the
Housing Commission of documents were re
8/28; Sister City ceived, filed and made
Relationships Advisory a Matter of Record.
Commission of 9/5; Catfish Creek Water
Transit +Advisory Board shed Management Plan
of 9/13; Proof of Grant 'Application:
Publication for City City Manager recom
Counci1 proceedings of mending submittal of a
8/28, :8/29, and 9/4. gr an t application to the
Upon motion the Iowa Department of
documents were Natural Resources for
received and filed: the Catfish Creek
Notice of Claims and Watershed Manage -
Suits: ;Dubuque Hose ment PIan. Upon
and Hydraulic` for motion the documents
property damage; were received and filed
Janice Even for vehicle and Resolution No. 264 -
damage; Cindy Hedley 12 Authorizing grant
for property damage; application to Iowa
Frank Vlach, III, for Department of Natural
vehicle damage.; Upon Resources for creation
motion the documents of a Watershed PIan
*ere received, i filed for the Catfish Creek
and referred to the City Watershed: Manage -
Attorney. ment Authority was
Disposition of Claims: adopted.
City Attorney advising St. Mary's Condo -
that ` he following miniums Housing
claims have been Enterprise Zone Agree -
referred to Public ment: City Manager
Entity Ri s k Services of recommending appro -
Iowa, the agent for the vat of the Housing
Iowa Communities Enterprise; Zone Pro
Assurance Pool: Dubu- gram Agreement forSt.
que Hose and Mary's Condominiums,
Hydraulics for property LLC for redevelopment
damage, Cindy Hedley of the !former 'St.
for propert y damage. Mary's School Building
Upon motion the located at 1501 Jackson
documents were Street into 10 multi -
received, filed' and family housing units.
concurred. Upon motion the
IowasGreat River Road documents were
Corridor Management received antl filed and
PIan: '? City Manager Resolution No. 265 -12
recommending appro- Approving a Housing
vat of a $1,000 financial Enterprise Zone Pro -
contribution to support gram Agreement by
the redevelopment of and among the Iowa
the Corridor Manage - !Economic'Development
ment Plan for the Iowa Authority,; the City of
Great River Road. Upon Dubuque and St.
motion the documents Mary's Condominiums,
were received, filed LLC was adopted.
and approved. Dubuque Convention
Smart Planning and Visitors Bureau:
Consortium Update: Keith Rane, President
City Manager transmit- of the; Dubuque
ting an update :on the Convention and Visit -
work of the Dubuque ors Bureau (CVB)
county Smart Planning submitting information
Consortium on eight from the September 20,
draft chapters of the 2012 CVB Advisory
Dubuque County Board meeting.. Upon
Regional Smart PIan motion the documents
for sustainable; tlevel were receivetl and
opment and upcoming filetl.
public input meetings. ! Request for Proposals
Upon motion the 5th and Bluff Street
documents were Public Restroom
received and filed. Design: City Manager
Circles Initiative Grant recommending appro
Application: City Man - vai of the Request' for
ager recommending `Proposals for the 5th
approval of the° grant and Biuff'Street Public
applications for the Restroom: Project
Community Impact Design. Upon motion
Grant and the the documents were
Grant n's More for received, filed a nd
Your Community Grant approved.
for the Circles Alcohol License
Initiative,. as submitted 1Renewals: City Mana
to the Community ger recommend ng
Foundation of Greater approval ; of annual
Dubuque. Upon'motion liquor, beer, and wine '>
the documents were licenses as submitted.
received, filed and 'Upon motion the
approved. documents we re
East_ Central Iowa received and filed and
Intergovernmental Resolution -No. 266 -12
Agency (ECIA)- Man- 'Approving applications
agement Contract `for beer, iquor; and /or
Amendment: City Man- wine permits, as
ager recommending requiretl : by City of
approval of an Dubuque f Code of
Amendment 'to the Ordinances Title 4
Management Aaree- Business and License
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: October 10, 2012, and for which the charge is $237.44.
to before me, a otary Public in and for Dubuque County, Iowa,
, 20 .
day of
for recreating the
sound of the Eddy
Howard Orchestra.
Council it Member
Lynch reported on the
anniversary cele-
bration of the Dubuque
Police Department,
which he attended as,
Mayor Pro Tem.
There being no
ss, n
motion the City Council
adjourned busine at 7 :32 pupo:rn.
/s /Kevin further S Firnstahl;c;
CMC, City Clerk
0/10
ArOAria
Notar +1' ublic in and for Dubuque
unty, Iowa.
MARY K. YWESTtRMEYER
Commleslan Number 154085
piicaarmioenntrhoef
Upon arair
documents were
received and filed.
Notice of Claims and
Suits: Dubuque Hose
and Hydraulic for
property damage;
Janice Even for vehicle
for p r property eCritny d Ydea.Hmeu!)1goee.
Frank Vlach, II), for
vehicle damcag
motion the documents
*ere received,
and referred to the City
Attorney...
adopted.
Condo-
that the following m
claims have been Enterprise Zone
referred to Public ment: City Manager
Entity Risk Services of recommending appro-
lovva, the agent for the vas of the HoLising
Iowa Communities Enterprise Zone Pro-
Assurance Pool: Dubti- grarn Agreement for St.
Hose and Mary's Condominiums,
redevelopment
Natural Resources for-
tr nh oe t ion Catfish i s documents
0 c u Creek
4
ts Manage-
ment Watershed _
Plan.
were received and filed
and Resolution N o m Upon
12 Authorizing grant
application to Iowa
Department of Natural
Resources for creation
of a Watershed Plan
for the Catfish Creek
Watershed Manage-
ent Authority was
DisPosition of Clairns:
St. Mary's Housing
City Attorney iniums - Agree-
que utics for property, LLC for red,elimer St.
Hydraulics cindy e.,
v of the
located at 1
damage,
for property
damage. Mary's School
501 Jackson
B uidi
ng
Upon motion
doc uments were Street into 10 multi-
r e ce. vea ' fl led and
a n dTam,l
y ho
using units. .
concurred. upon lot. onthe
Iowa Great River R oad documents wer e
Corridor Management received and filed and
Plan: City Manager Resolution No. 265-12
recommending aPPrO-
Approving
pprov.ng i a
Housing ousing
val of aS1 , 000 financial E n terprise Zone Pr o
contribution to support gram Agteeraent by
the redevelopment of and a mongtbei °wa
the Corridor Economic
?lDi lfnrtoeiowa Authority, fn:CIty o of
-liii-F)lc.jirDubuque n d St.
motion teIig1r Mary's Condominiums,
were received, ll .vasc(1tec:and approved. Dubuque Con (.113-
Smart Planning and Visitors Bureau:
Consortium Update: Keith Rahe, President
City Manager transmit- of the Dubuque
ting an update on the C onvention and Visit
work of the Dubuque ersBureau (cvB)
County Smart Planning submitting information
Consortium on eight from the September 20,
draft cha n t e r s of the 20 12 CVeAdvisery
Dubuque C0 unt y B °ard meet,ngupon
Regional Sma r tp i anmot i on thedbcu m enns
forsu stai nabi ec evei swere r ece*ved and
opm en t andupcomi ng fied.
public input meetings. Request for Proposals
UOnn Ict i on the - 5t b a n d 3i u ff Str ee'
documents weroF Public Restroom
received and filed. psgn . C i tl Manager
Circ les Initiative Grant roccmmendogaopr o
Apelicat.on:clty—an-
v a i o tthe Request for
ager recommend. ngptopo sal s for th e5th
egprPvelnthegrant and8i uS t r ee t Pu bic
applications Pr oj ec t
Community impact Des i gn' liPnnmbti bn
Grant and the the documents were
Thels: n'sw ere for t ecelved,filedand
y ourc0 rnmu n, tyG r ant approved.
the Circles A l cohol License
1 ni ti at, ve, a ss nbmi ttedpp p :weis city Mana-
to
the
he
Community
ommunit y
2 g: e
r
i
3
ra cn
n
m
ei nd i n g
Foundation of G eater approval of annua i
Dubuque. Upon motion iquor, beer, and wine
the d ) cu m antswerel 1 censes as submitted.
received, Fl l e dandupon motlonthe
apprbYe d ' documents were
East Central low a received and filed and
l nt ergavernne n ta) Resol ut , onNo. 26_ 12
Ag ency(ECIA) - Mar- Approvipgappiioations
agementCon tractfdrbeer,i l q(°r'andInr
Ameodment :CityMn_ w. neper n 1 ts 'as
ager recommending requ. redbyc. tyot
approval of an Dubuque Code of
Amendment to the Ordinances Title 4
Management Agree- Business and
ment between t h e C i t y Regetati°ns'C hapter2
) fDubucie and East tiguorC°ntrel , Ati cl e
Central l nter g°Yern- Bti c u or'Beer and
mental Association to Wi n e Licenses and
reflect the addition ° fFe rmi t swa :dopt e d .
thelirhanmobility 1 TEmsTol Ez:FOR
Coordinator position. PULC lE AR NG
upodmotipotheMntion byJonest°
d ocumentswerer ecei veand fi l ethe
recei ved , fi i d anddocun ents : adopt the
approved. resolutions, Set
Rederai Emer g e n cypubl i c hear. nsa s
Management Agency indicated, and direct
(FEVA)-Bu yOutPr o - theci t y Clerk to
gra mBc n 0 iiio r Bid- e ubishiati ceas
ding: City Manager prescri hedbytew.
recomme nding appro- Seconded by Resnick.
valof thekid Motion carried 7-0.
specifications and : enera i Obligation
d en ol i t i onagreer en ' Bonds Seri es2ol2E.
to al l owre- hiddi ngfor(. tyMa n agerr ecc m-
t h e demolition
r e m
o
0 t i o
n of f
the
mending t
h
a t a
P
u b l
i c
flood damaged pro- ne ar i ng be set for
perty at 1654 Manson October 15 2012, on
Road. Upon motion the the proposition of
documents were re- selling nottoexceed
ceived, filed and $700,000 in General
approved. Obligation Bonds, the
HI i?rest Family of which
s ervice smurPhyPar kbe used to pay costs of
Agreement: City Mao- projects inthecity
ager recommending budget previously
app r o v a l of anapprove t b y the City
agreerent with Hill- Counci i i Up° amn ti o n
crest Fanity sery i p esthe documents were
for use of Murphy Park r ece i venao df i I ed and
from October 30th Resolution No. 267-12
throbgbJanua rY 10th Fixing date for a
to set up a holiday light meeting on the
Oi s) i ar. tponmotlon proposition of the
the documents were issuance of not to
receiv e c, fi i ed and exceed $7000I0 of
approved. General 0bligatIon
Eleventh Str eet Stair Bonds, Series 2012E
andHan dr ai ii ogRega. r( f or General Corporate
PreieotAccept ance. purposes) andP"ovid
City manag a rre e°m- 1 ngfor ppb l i c ati on of
m e n d i ngaoce nt anceo f1oti c et h er_ofwas
the i mprove- adopted setting a