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11 5 12 Clerk's Skeleton Notes and Meeting CallTO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a Regular Session of the City Council to be held on Monday, November 5, 2012, at 6:30 PM in the Historic Federal Building for the purpose of conducting such business that may properly come before the City Council. Consent Items: Pages 1 -5 D Roy D. Buol, Mayor CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on November 5, 2012 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor "Buoall; Council Members Braig, CohKors, Job, Lyez , Re tick, St tton; City Manager an Milligen, City Attorn y Lindahl Absent: Mayor Buol 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 City Council. PLEDGE OF ALLEGIANCE MOMENT OF SILENCE May the spirit of wisdom keep our hearts and minds open as we endeavor to serve the common good. PROCLAMATION(S) 1. Veterans Day (November 11, 2012) 2. Philanthropy Day (November 15, 2012) 3. Key Club Week (November 5 -9, 2012) ,e e�� lrr/ lb/ /fp 4. Hospice Month (November 2012) PRESENTATION 1. National Association of Development Organizations (NADO) 2012 Innovation Award Aeiiq-Bett#-mey€r and Chandra Ravada of the East Central Intergovernmental Association (ECIA) to present the 2012 NADO Innovation Award to the City of Dubuque for its role in the Smarter Travel Pilot Study. 6 /4ei,/ ZAfrid4e( ‘f-tddliti 1 Yays Nays Lynch Resnick V v`. Sutton Braig Buol Connors Jones CONSENT ITEMS /re, 4eigir 0.4 1. Minutes and Reports Submitted Art and Cultural Advisory Commission of 9/25, Building Code Board of Appeals of 10/26, City Council Proceedings of 10/15, Community Development Advisory Commission of 10/17, Dubuque County Emergency Management Commission of 8/7, Housing Commission of 9/25, Historic Preservation of 10/18 and 9/20, Library Board of Trustees of 8/23, 9/27 and Reports of 9/27 and 10/25, Long Range Planning Advisory Commission of 9/19, Transit Advisory Board of 10/11, Proof of Publication for City Council Proceedings of 10/1 Suggested Disposition: Receive and File 2. Notice of Claims and Suits Richard Galazin for vehicle damage, Sandra Juergens for vehicle damage, Darrell Whitt for property damage Suggested Disposition: Receive and File; Refer to City Attorney 3. 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: Jennifer Cooper for loss of income, Rachel Galazin for vehicle damage, Sandra Juergens for vehicle damage, Archie Ralston for vehicle damage, Darrell Whitt for property damage Suggested Disposition: Receive and File; Concur 4. 2012 Brick Manhole Replacement Project Bid Package 4 - Project Acceptance City Manager recommending acceptance of the public improvements for the 2012 Brick Manhole Replacement Project Bid Package 4 as completed by Drew Cook & Sons. RESOLUTION ( Accepting the 2012 Brick Manhole Replacement Project Bid Package 4 and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 2 j.lBM for Smarter Electricity Iowa - Amendment to Joint Development Agreement City Manager recommending approval of an Amended Joint Development Agreement with IBM Research authorizing software licenses necessary to proceed with the Department of Energy Smart Grid Data Access Grant and reflecting a delay in the implementation dates. Suggested Disposition: Receive and File; Approve 6. Sungard OSSI - Public Safety Software Contract City Manager recommending approval to enter into a contract with Sungard OSSI for the public safety software for the City of Dubuque and its partner public safety agencies. Suggested Disposition: Receive and File; Approve 7. Alternative Services Concepts - Workers' Compensation Renewal Rates City Manager recommending approval of the renewal rates from Alternative Services Concepts for services related to the administration of the City's Worker's Compensation Program for the period October 1, 2012, through October 30, 2013. Suggested Disposition: Receive and File; Approve 8. Renewal Rate for Voluntary Dental Plan City Manager recommending approval of the renewal rates for the Delta Dental plan for January 1, 2013, through December 31, 2012. Suggested Disposition: Receive and File; Approve 9. Hostess Brands WARN Notification Correspondence from Jeff Parlato, Vice President of Human Resources and Labor Relations, providing an update to the Worker Adjustment and Retraining Notification (WARN) for Hostess Brands. Suggested Disposition: Receive and File Yays, Nays Lynch Resnick Sutton Braig Buol Connors Jones 4v4,' " (?,4* lefig-tic in4 ziofiA-,4s - 9,1) Piker/9r ft "Hz% ii/r #4/4X - 4164 dioa, fielaoK‘, I */#7e8 �y� 10. Design Review Guidelines Update - Grant Application City Manager recommending approval of the submittal of a National Trust for Historic Preservation Funds grant to update and consolidate multiple existing design manuals into one comprehensive easy to use and understand document. RESOLUTION'S Authorizing grant application for NTHP Funds to update and consolidate design guideline manuals Suggested Disposition: Receive and File; Adopt Resolution(s) 11. Quarterly Investment Report City Manager transmitting the September 30, 2012 Quarterly Investment Report. Suggested Disposition: Receive and File 12. Plumbing Board Board Member Dan Harris submitting his resignation from the Plumbing Board. Suggested Disposition: Receive and File; Accept Resignation 13. Iowa Economic Development Authority - Heartland Financial Contract City Manager recommending approval of a contract with the Iowa Economic Development Authority for Iowa Values Funds (IVF) Financial Assistance benefits on behalf of Heartland Financial USA, Inc. for an expansion of office space in the Roshek Building. RESOLUTION Approving an Iowa Values Fund Financial Assistance Contract by and among the Iowa Economic Development Authority, the City of Dubuque and Heartland Financial USA, Inc. Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Lynch Resnick Sutton Braig Buol Connors Jones 4 14. Purchase of Property - 1318 Jackson Street City Manager recommending approval to purchase a house located at 1318 Jackson Street from the Marcellus J. Pottebaum Trust. RESOLUTION 'ffi Approving the acquisition of real estate located at 1318 Jackson Street in the ity of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s) 15. Federal Emergency Management Agency (FEMA) Buy -Out - Demolition Contract City Manager recommending approval of the award of the Regulated Asbestos Containing Material demolition contract to Environmental Management Services of Iowa, Inc., to allow for the demolition of the flood- damaged property at 1654 Manson Road through the FEMA 403 Buy -Out Program. Suggested Disposition: Receive and File; Approve 16. E. B. Lyons Interpretive Area Expansion - REAP Grant Agreement City Manager recommending approval of an agreement with the Iowa Department of Natural Resources for development of Phase 1 of the 52 -acre E.B. Lyons Interpretive Area Addition at the Mines of Spain State Recreation Area. RESOLUTION Authorizing REAP Grant Agreement with Iowa Department of Natural Resources for development of E.B. Lyons Interpretive Area Addition - Phase 1 at the Mines of Spain Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Lynch Resnick Sutton Braig Buol Connors Jones 5 17. White Water Creek Bridge, Phase 4 Wood Decking - Project Acceptance City Manager recommending acceptance of the construction contract for the Historic White Water Creek Bridge Relocation Project, Phase 4 - Wood Decking, as completed by Klauer Construction Company. RESOLUTION Accepting the Historic White Water Creek Bridge Relocation Project, ' hase 4 - Wood Decking and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 18. Technical Assistance Building Blocks for Sustainable Communities City Manager submitting a Letter of Interest to the U.S. Environmental Protection Agency for Technical Assistance Building Blocks for Sustainable Communities. Suggested Disposition: Receive and File; Approve 19. Sustainable Dubuque Project Monthly Status Update City Manager transmitting the Sustainable Dubuque Project Status Update for the months of September and October, 2012. Suggested Disposition: Receive and File 20. Local Sustainability Matching Fund Grant Application City Manager recommending approval of Local Sustainability Matching Fund grant application to support the Green & Healthy Homes Initiative. Suggested Disposition: Receive and File; Approve 21. Federal Emergency Management Agency (FEMA) - 2012 Community Resilience Innovation Challenge Grant City Manager transmitting information on the FEMA 2012 Community Resilience Innovation Challenge Grant that the City applied for in partnership with Sustainable Strategies DC. Suggested Disposition: Receive and File; Approve Yays Nays Lynch Resnick Sutton Braig Buol Connors Jones 6 22. Facade Design Work - Central Avenue City Manager recommending approval to utilize available UDAG funds to assist property owners on Central Avenue in the Washington Neighborhood with conceptual design work for the facades on their commercial buildings. Suggested Disposition: Receive and File; Approve 23. Memo of Understanding IDOT Parking Ticket Registration Holds City Manager recommending approval of a Memorandum of Understanding with the State of Iowa Department of Motor Vehicles related to placement of holds by the City against any vehicle registrations that have unpaid parking tickets. Suggested Disposition: Receive and File; Approve 24. Request to Vacate - National Guard Readiness Center Communication from Richard Wolbers of Straka Johnson Architects on behalf of the National Guard Readiness Center requesting that the City vacate a portion of City - owned property at the intersection of 5001 Old Highway Road and 1035 Radford Road. Suggested Disposition: Receive and File; Refer to City Manager 25. Belmont Forum and G8 Research Council Initiative City Manager submitting correspondence to Dr. Nathanial G. Pitts of the Belmont Forum and G8 Research Council regarding the City's participation in the Urban Hydrology and Water Sustainability Initiative. Suggested Disposition: Receive and File; Approve 26. Improvement Contracts / Performance, Payment and Maintenance Bonds Connolly Construction, Inc. for the Eagle Point Park Washout Repair Project; Hayward Baker, Inc. for the Grand River Convention Center Floor Settlement Remediation Project; Klauer Construction Company for the Historic White Water Creek Bridge Restoration Project Phase 4 - Wood Decking; McDermott Excavating for the 2012 Drain Tile Project Suggested Disposition: Receive and File; Approve Yays Nays Lynch Resnick Sutton Braig Buol Connors Jones 7 27. Signed Contracts Contract with Schroeder Construction for the Upper Bee Branch Creek Restoration Project. Suggested Disposition: Receive and File 28. Alcohol Compliance Civil Penalty for Alcohol License Holders - Oliver Garden Restaurant City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Olive Garden Restaurant, 3350 Dodge Street. Suggested Disposition: Receive and File; Approve 29. Alcohol License Applications City Manager recommending approval of annual liquor, beer, and wine licenses as submitted. RESOLUTION cP Approving applications 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 Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Lynch Resnick Sutton Braig Buol Connors Jones 8 ITEMS TO BE SET FOR PUBLIC HEARING 1. Brunskill Road Bridge Reconstruction Project 11/19/12 2. Hillcrest Family Services - Request to Vacate Storm Sewer Easement 11/19/12 Yays Nays Lynch Resnick Sutton Braig Buol Connors Jones 1. Brunskill Road Bridge Reconstruction Project City Manager recommending initiation of the public bidding process for the Brunskill Road Bridge Reconstruction Project, and further recommends that a public hearing be set for November 19, 2012. RESOLUTION )5 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids (Brunskill Road Bridge Reconstruction Project Iowa DOT Project No. BROS -2100 (659)8J -31) Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 11/19/12 2. Hillcrest Family Services - Request to Vacate Storm Sewer Easement City Manager recommending approval of a request from Hillcrest Family Services to vacate a storm sewer easement on Lot 1 of Peterson Subdivision No. 2 and further recommends that a public hearing be set for November 19, 2012. RESOLUTION Resolution of Intent to vacate and dispose of city interest in storm sewer easemen s over and across Lot 1 of Peterson Subdivision No. 2 in the City Of Dubuque, Dubuque County, Iowa. Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 11/19/12 9 BOARDS /COMMISSIONS 1. Civic Center Commission One 3 -Year term through June 29, 2013 (Vacant term of Fields) Applicants: McKenzie R. Hill, 394'/ Bluff St. #2 aP Jeff Lenhart, 1711 Clarke Dr. 4Pe9,ce.— 2. Environmental Stewardship Advisory Commission One 3 -Year term through October 1, 2015 (Expired term of Walter) Applicants: David Koch, 1950 Admiral St. Gina Makris, 166 Bluff St. 3. Human Rights Commission One 3 -Year term through January 1, 2015 (Vacant term of Krey) Applicant: Jeff Lenhart, 1711 Clarke Dr. This commission is subject to the State of Iowa Gender Balance Law 4. Investment Oversight Advisory Committee One 3 -Year term through July 1, 2015 (Vacant term of King) Applicant: Rick Runde, 1034 Barbaralee Dr. -- 5. Mediacom Charitable Foundation One 1 -Year term through December 31, 2013 (Expired term of Chavenelle) Applicant: Gail Chavenelle, 1155 Kelly Lane --- 6. Mississippi River Partnership Council One 3 -Year term through December 31, 2015 (Expired term of Cawley) Applicant: Edward Cawley, 598 Needham St. — PUBLIC HEARINGS Suspend the Rules Yays Nays V Lynch Resnick Sutton Braig Buol Connors Jones Public Hearing #1 Yays Nays 7 Lynch Resnick ]/ Sutton Braig 2 Buol v ', Connors Jones SUSPEND THE RULES 1. Sale of Property - 2513 -2515 White Street Proof of publication on notice of public hearing to consider the sale of City -owned property located at 2513 -2515 White Street to James Ferring and the City Manager recommending approval. RESOLUTION , Approving the sale of real estate specifically 2513 -2515 White Street Suggested Disposition: Receive and File; Adopt Resolution(s) s Nays Lynch snick Sut Braig Buol Connors Jones dPK,014,f4 644 44/44, 11 2. Eagle Point Water Plant Well Field Electrical Upgrades ?1.4 Proof of publication on notice of public hearing to consider approval of the plans, specifications, form of contract and the estimated cost for the Eagle Point Water Plant Well Field Electrical Upgrades Project and the City Manager recommending approval. RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the Eagle Point Water Plant Well Field Electrical Upgrades Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays V Lynch 7 Resnick V Sutton V Braig Buol Connors Jones OM 12 3. ARC Transfer Center Phase I Project Proof of publication on notice of public hearing to consider the plans, specifications, form of contract and the estimated cost for the ARC Transfer Center Phase I Project and the City Manager recommending approval. RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the ARC Transfer Center Phase 1 Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays j/ Lynch 1/ Resnick Sutton ?% Braig 1/ Buol Vl. Connors Jones Yays Nays i/ Lynch I/a Resnick Sutton Braig 1/ Buol Vl. Connors Jones /7/1,4jr‘i ,77 A/af-Ake REINSTATE THE RULES pa — Ale/ege 7/0,01,1g- 13 ACTION ITEMS 1. Greater Dubuque Development Corporation President and CEO Rick Dickinson to provide a quarterly update of the activities of the Greater Dubuque Development Corporation. Suggested Disposition: Receive and File Yays Nays Lynch Resnick Sutton Braig Buol Connors Jones /ll�l7 pir>,,,Hotete &Arm- ix,er - /eyd,1,41)71/ Yid% - g/2 -5/wo 6ift //ivilar mod` Pit-big/A 10/41? //oho", )4/ hi' -.Nit, ffrIvi -W2 i-7/z/.? `RiV IS Ae6i mt gi* ve-4/ /2e49( fid1/4 k 7 /7 / )11./7 F-2b aietez__te, Dice/ LGYip�Gr; �°Gtio i r✓� Xdr- 1/1,YPd 14 Code of Ordinances - ADA Readily Achievable Determinations City Manager recommending approval of an update to the City's Accessibility Code to clarify how the readily achievable standards is determined and provide for the use of alternative methods of reasonable accommodations in the event that the barrier removal is not readily achievab ORDINANCE Amending City of Dubuque Code of Ordinances Title 14 Building and Dev-lopment, Chapter 1 Building Codes, Article I Accessibility Code for Readily Achievable Changes, Section 14 -11 -3 Removal of Architectural Barriers if Readily Achievable by adding language to clarify that the determination of Readily Achievable within the City of Dubuque will be made by the City Manager Suggest d Disposition: Receive and File; Motion B; Motion A Final Reading and Adopt Yays Nays Lynch ✓ Resnick L/ Sutton i4 Braig Buol Connors Jones Final Reading and Adopt Yays Nays Lynch Resnick Sutton Braig Buol Connors Jones rm,th 4eA514) 1/5' Nl�t�id- 7i6 in/4/1/-ddGt/9 /41 � s Dl� frzr `$��° a5%P dCf, Lmo o7-1 *dio- ,./hi0a//0* k)z v /ls�Oi Cq�oizra 15 3. Blue Zone Project Finalist City Manager requesting that the Mayor and at least two City Council Members attend and represent City Policy Leadership at the Blue Zones site visit on November 15, 2012. 30 �,. G jOSuggested Disposition: Receive and File; Council Yays Nays ync VResnick >r Sutt V rai Buol � / onn j% Jones 4d/Ylietormn /iP4 ' iitn, 4e Avaylse- e4r )2* p/zi //e4La-- e91,0/4 sha-e2-/- 20/2777/04 �ri�/ri'� Saga a&e/- 14.,4m A67/ Y-7,1/Ab 4-PA 4)7 op4/ 6/,4✓lLa�fj 16/Wi-r? .76/7/ik /276, .4/ fr,7•7�'L A ydyyn�j�iia, 16 4kl Moody's Investors Service City Manager transmitting the Moody's Investors Service bond ratings and detailed comments for five current bond issues. Suggested Disposition: Receive and File Yays Nays V Lynch j Resnick Sutton Braig Buol V Connors Vi Jones jle6/1"/‘ aryl C r,/m px) -6z7/1 416 #4, yea ,OIMY 8a//4 0/#97 /26/4) 071 Ot,1‘ a 5 -917 /WM ,W7 Ite/ /17/on4:4 PEW, M5v~f PA ,10,14J oNivez /7" ,/iNk„14,1 Affro Ailf)/1-7 .4rd 1140 */-61 025 e44 111- 0319(22 s srk., i90.6 P &Pe/A) I &PI 1",5/1, ak615 09/41x, #4,* 6ax2/ 5. Sale of General Obligation Bonds, Series 2012E, F, H & I City Manager advising that the results of the sale of $3,695,000 General Obligation Bonds, Series 2012E; $1,050,000 Taxable General Obligation Bonds, Series 2011F; $2,420,000 General Obligation Urban Renewal Bonds, Series 2012H; and $7,034,000 Taxable General Obligation Refunding Bonds will be brought to the November 5, 2012 City Council meeting for approval. RESOLUTION c 2012E RESOLUTION Series 2012F RESOLUTION Bonds, Series 2012H RESOLUTION Bonds, Series 20121 Suggested Disposition: Receive and File; Adopt Resolution(s) Directing the sale of General Obligation Bonds, Series Directing the sale of Taxable General Obligation Bonds, Directing the sale of General Obligation Urban Renewal Directing the sale of Taxable General Obligation Refunding Yays Nays Lynch Resnick Sutton Braig Buol V Connors Jones "go/ Fya/ �- 9irr�vteg /74,), *hdi/-/-eead4- z /zv,.v *le-4e/ VRdi, 18 ,;31/72 General Obligation Refunding Bonds, Series 2012G - Complete Action on Issuance City Manager recommending approval of the suggested proceedings to complete the action required on the recent Series 2012G refunding bond issuance. RESOLUTION ',10 Appointing Wells Fargo Bank, National Association of Minneapolis, Minnesota, to serve as Paying Agent, Bond Registrar, and Transfer Agent, approving the Paying Agent and Bond Registrar. and Transfer Agent Agreement and authorizing the execution of the Agreement RESOLUTION " Authorizing and providing for the issuance of $950,000 General Obligation Refunding Bonds, Series 2012G, and levying a tax to pay said bonds Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays V Lynch Resnick V Sutton Braig Buol Connors V/ Jones el, 0,0 V L f 19 Downtown Housing and Downtown Rehabilitation Loan / Grant Program Incentives City Manager recommending approval of updated program guidelines for the City's downtown economic development incentive programs. �i RESOLUTION 10 Amending the guidelines for the Downtown Housing Incentive, Downtown Rehabilitation Loan, Planning and Design Grant, Facade Grant and Financial Consultant Grant Program within the Greater Downtown Urban Renewal District Suggested Disposition: Receive and File; Adopt Resolution(s) 91)-2/6M/7ft, /,)//4, 70 4,:z‘ .10-40e0d 20 8. Sister City - Dornbirn, Austria Mayor Buol to present the proclamation that designates the City of Dornbirn, Austria, and the City of Dubuque as official Sister Cities and updating the City Council on the recent delegation visit to the City of Dornbirn. Suggested Disposition: Receive and File Yays V Nays Lynch Resnick Sutton Braig Buol Connors Jones 01/o- ,o,440)1 ta-tt a #.9x, mac Oh' /41/W4 AdfrflAYS/1/-1( leS0# **op 21 Al,"4"1 47?-idio14271— ,fy�� /.PrrGPi� 1/-i /04, Aetif iaa * 4/et,* /bei Aie./YPS die/-) OM( /l.V1-1-/t/7,16 lieedse i deed0 teM4A5 aleb: 144, r//79 dZik/ /-d74 Jar 611)/te--5 h4/hJ r/%/71 id-teb ii/p4eze a wig, I/42? 42a/z4-AQ-- e.q mlili%, Y1421h lb'lo C /b A/90,04 oaf */(- d eify/ CLOSED SESSION Pending Litigation — Chapter 21.5(1)(c) Code of Iowa Ya s Nays Lynch Resnick Sutton Braig Buol Connors Jones Motion to reconvene ADJOURNMENT Yays Nays Lynch Resnick Sutton braig Buol Connors Jones 23