Proof_City Council Proceedings of 11 5 12CITY 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 Buol;
Council Members
Kraig, Connors, Jones,
Lynch, Resnick, Sutton;
City Manager Van
Miltigen, City Attorney
Lindahl
Mayor Buol read the
Iglu and stated this
re: lar session of the is a
concurred.
2012 Brick Manhole
Replacement Project
Bid Package 4 - Project
Acceptance: City Man-
ager recommending
acceptance of the
public improvements
for the 2012 Brick
Manhole Replacement
Project Bid Package 4
as completed by Drew
Cook & Sons. Upon
motion the documents
were received and filed
and Resolution No. 291-
12 Accepting the 2012
Brick Manhole Replace -
ment Project Bid Pack-
age 4 and authorizing
the payment of the
contract amount to the
contractor was
adopted.
IBM for Smarter
Electricity Iowa -
Amendment to Joint
Development Agree-
ment: City Manager
recormending' appro-
val 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. Motion by
Connors to receive and
file the documents and
approve the 'recom-
mendation. Seconded
by Jones. Jacob Long,
4604 Cardinal Drive,
addressed the Council
about concerns he had
with ` public- private
partnerships and re-
quested d'scussion
regarding the ex-
penses, fund ng and
competitiveness of the
agreement. Respond-
ing to questions,
Sustainability Coordin-
ator Cor Burbach and
Informat on Services
Manager Chris Kohl-
mann stated that the
program is ful y funded
through grant funds
from the Department
of Energy and does not
compromise competi-
tiveness since IBM is
considered a sole -
source provider of the
products required for
the Inte ligent Opera-
tions Center Mayor
Buol stated that public -
private partnerships
are, essential' and
nvaluable to City
projects. Motion car-
ried 7 -0.
Sungard OSSI - Public
Safety Software Con-
tract: + City Manager
recommending appro-
val to enter into a
siton of . real estate
located at 1318 Jackson
Street in the City of
Dubuque was adopted.
Federal Emergency
Management Agency
(FEMA) Buy -Out -
Demolition Contract:
City Manager recom-
mending approval of
the award of the
Regulated Asbestos
Containing Material
demolition contract to
Environmental Man-
agement Services of
Iowa, Inc., to allow for
the demolition of the
flood- damaged pro-
perty at 1654 Manson
Road through the
FEMA 403 Buy-Out
Program. Upon motion
the documents were
received, filed and
approved.
E. B. Lyons Inter-
pretive Area Expansion
- REAP Grant Agree -
ment: City Manager
recommending appro-
val of an agreement
with the Iowa
Department of Natural
Resources for devel-
opment of Phase 1 of
the 52 -acre E.B. Lyons
Interpretive Area Addi-
tion at the Mines of
Spain State Recreation
Area. Upon motion the
documents were re-
ceived and filed and
Resolution No. 295 -12
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 was
adopted.=
White Water Creek
Bridge Relocation Pro-
ject, Phase 4 Wood
Decking Project
Acceptance: City Man -
ager 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 Upon motion
the documents were
received and filed and
Resolution No. 296 -12
Accepting the Historic
White Water Creek
Bridge Relocation Pro-
ject, Phase 4 - Wood
Decking and author-
izing the payment of
the contract amount to
the contractor was
adopted.
Technical Assistance
Building Blocks for
Sustainable Commun-
ities: City Manager
submitting a Letter of
water L,r eet oiiu
Restoration Projecl
Phase 4 - Wood Deck!
ing; McDermott Exca
eating for the 201,''
Drain Tile Project. Upor
motion the document
were received, file:
and approved.
Signed Contracts
Contract wit:
Schroeder
Construction for the
Upper Bee Brand
Creek Restoratior
Project. Upon motior
the document wa:
received and filed.
Alcohol Compliance
Civil Penalty for
Alcohol License
Holders - Olive Garden
Restaurant: City
M a n a g e r
recommending
approval of the
Acknowledgment/Sett
ement Agreement for
an alcohol compliance
violation for Olive
Garden Restaurant
3350 Dodge Street
Upon motion the
documents were
received, filed anc
approved.
Alcohol License
Applications :: City Man
ager recommendinf
approval of annua
liquor, beer,': and win:
licenses as submitted
Upon motion the docu
mends were receivec
filed ant
Resolution No. 297 -12
Approving application
for beer, liquor, and /or
wine permits, a<
required by City of
Dubuque Code q
Ordinances ? Title 4
Business and License
Regulations, Chapter 2
Liquor Control, Articles
B Liquor, Beer ant
Wine Licenses and
Permits was adopted.
ITEMS TO BE SET FOR
PUBLIC HEARING
Motion by Lynch tc
receive and file the
documents, adopt the
resolutions, set the
public hearings as
indicated, and direci
the City Clerk tc
publish notice as
prescribed by law,?
Seconded by Resnick.
Motion carried 7 -0.
Brunskill Road Bridge
City M
Reconstanageruction r Projrecoecmt;
-
mending initiation of
the public bidding
process for the
Brunskill Road Bridge
Reconstruction Project,
and further recom-
mends that a public
hearing be set for
November 19, 2012;
Upon motion the
documents were re-
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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: November 14, 2012, and for which the charge is $344.98.
Subscribed to before me, a tary Public in and for Dubuque County, Iowa,
this / day of V 20
Notary Public in and for Dubuque County, Iowa.
T.
K. WESTERMEYER
rnrniesien (Number 154085
7 L1
_—
FUQUE,
CIL
NGS
SION
tlue City
regular
p.m. on
2012 in
Federal
W. 6th
or Buol;
Members
s, Jones,
, Sutton;
er Van
Attorney
read the
this is a
n of the
East Central Intergov-
ernmental Association
(ECIA) presented the
2012 NADO Innovation
Award to the City of
Dubuque for its role in
the Smarter Travel
Pilot Study.
CONSENT ITEMS
Motion by Lynch to
receive and file the
documents, adopt the
resolutions, and dis-
pose of as indicated.
Seconded by Braig.
Jacob Long, 4604
Cardinal Drive re-
quested that ( #5) IBM
for Smarter Electricity
Iowa - Amendment to
Joint Development
Agreement be held for
separate discussion.
Motion carried 7 -0.
Minutes and Reports
Submitted: Art and
Cultural Advisory Com-
mission of 9/25, Build-
ing Code Board of
Appeals of 10/26, City
Council Proceedings of
10/15, Community
Development Advisory
Commission of 10/17,
Dubuque County Emer-
gency Management
Commission of 8/7,
Housing Commission of
9/25, Historic Preser-
vation 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. Upon motion the
documents were re-
ceived and filed.
Notice of Claims and
Suits: Rachel Galazin
for vehicle damage,
Sandra Juergens for
vehicle damage, Dar-
rell Whitt for property
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: Jenn-
ifer 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.
Upon motion the
documents were
received, filed and
concurred.
2012 Brick Manhole
Replacement Project
Bid Package 4 - Project
Acceptance: City Man-
ager recommending
acceptance of the
public improvements
for the 2012 Brick
Manhole Replacement
Project Bid Package 4
as completed by Drew
Cook & Sons. Upon
motion the documents
were received and filed
and Resolution No. 291-
12 Accepting the 2012
Brick Manhole Replace-
ment Project Bid Pack-
age 4 and authorizing
the payment of the
contract amount to the
contractor was
adopted.
IBM for Smarter
Electricity Iowa -
Amendment to Joint
Development Agree-
ment: City Manager
recommending appro-
val 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. Motion by
Connors to receive and
file the documents and
approve the recom-
mendation. Seconded
by Jones. Jacob Long,
4604 Cardinal Drive,
addressed the Council
about concerns he had
with public - private
partnerships and re-
quested discussion
regarding the ex-
penses, funding and
competitiveness of the
agreement. Respond-
ing to questions,
Sustainability Coordin-
ator Cori Burbach and
Information Services
Manager Chris Kohl -
mann stated that the
program is fully funded
through grant funds
from the Department
of Energy and does not
compromise competi-
tiveness since IBM is
considered a sole -
source provider of the
products required for
the Intelligent Opera-
tions Center. Mayor
Buol stated that public -
private partnerships
are essential and
invaluable to City
projects. Motion car-
ried 7 -0.
Sungard OSSI - Public
Safety Software Con-
tract: City Manager
recommending appro-
val to enter into a
were received and
filed.
Design Review
Guidelines Update -
Grant Application: City
Manager recommend-
ing approval of the
submittal of a National
Trust for Historic
Preservation Funds
grant to update and
consolidate multiple
existing design man-
uals into one com-
prehensive easy to use
and understand docu-
ment. Upon motion the
documents were re-
ceived and filed and
Resolution No. 292 -12
Authorizing grant
application for NTHP
Funds to update and
consolidate design
guideline manuals was
adopted.
Quarterly Investment
Report: City Manager
transmitting the Sep-
tember 30, 2012
Quarterly Investment
Report. Upon motion
the documents were
received and filed.
Plumbing Board:
Board Member Dan
Harris submitting his
resignation from the
Plumbing Board. Upon
motion the document
was received, filed and
the resignation ac-
cepted.
Iowa Economic
Development Authority
- Heartland Financial
Contract: City Manager
recommending appro-
val of a contract with
the Iowa Economic
Development Authority
for Iowa Values Funds
(IVF) Financial Assis-
tance benefits on
behalf of Heartland
Financial USA, Inc. for
an expansion of office
space in the Roshek
Building. Upon motion
the documents were
received and filed and
Resolution No. 293 -12
Approving an Iowa
Values Fund Financial
Assistance Contract by
and among the Iowa
Economic Development
Authority, the City of
Dubuque and Heart-
land Financial USA, Inc.
was adopted.
Purchase of Property -
1318 Jackson Street:
City Manager recom-
mending approval to
purchase a house
located at 1318 Jackson
Street from the
Marcellus J. Pottebaum
Trust. Upon motion the
documents were re-
ceived and filed and
Resolution No. 294 -12
Approving the acqui-
sition of real estate
located at 1318 Jackson
Street in the City of
Dubuque was adopted.
Federal Emergency
Management Agency
(FEMA) Buy -Out -
Demolition Contract:
City Manager recom-
mending approval of
the award of the
Regulated Asbestos
Containing Material
demolition contract to
Environmental Man-
agement Services of
Iowa, Inc., to allow for
the demolition of the
flood- damaged pro-
perty at 1654 Manson
Road through the
FEMA 403 Buy -Out
Program. Upon motion
the documents were
received, filed and
approved.
E. B. Lyons Inter-
pretive Area Expansion
- REAP Grant Agree-
ment: City Manager
recommending appro-
val of an agreement
with the Iowa
Department of Natural
Resources for devel-
opment of Phase 1 of
the 52 -acre E.B. Lyons
Interpretive Area Addi-
tion at the Mines of
Spain State Recreation
Area. Upon motion the
documents were re-
ceived and filed and
Resolution No. 295 -12
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 was
adopted.
White Water Creek
Bridge Relocation Pro-
ject, Phase 4 Wood
Decking - Project
Acceptance: City Man-
ager 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. Upon motion
the documents were
received and filed and
Resolution No. 296 -12
Accepting the Historic
White Water Creek
Bridge Relocation Pro-
ject, Phase 4 - Wood
Decking and author-
izing the payment of
the contract amount to
the contractor was
adopted.
Technical Assistance
Building Blocks for
Sustainable Commun-
ities: City Manager
submitting a Letter of
appruveu.
Facade Design Work -
Central Avenue: City
Manager recommend-
ing approval to utilize
available UDAG funds
to assist property
owners on Central
Avenue in the Wash-
ington Neighborhood
with conceptual design
work for the facades
on their commercial
buildings. Upon motion
the documents were
received, filed and
approved.
Memo of Under-
standing IDOT Parking
Ticket Registration
Holds: City Manager
recommending appro-
val 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. Upon
motion the documents
were received, filed
and approved.
Request to Vacate -
National Guard Read-
iness Center: Commun-
ication from Richard
Wolbers of Straka
Johnson Architects on
behalf of the National
Guard Readiness Cen-
ter requesting that the
City vacate a portion of
City -owned property at
the intersection of 5001
Old Highway Road and
1035 Radford Road.
Upon motion the
documents were
received, filed and
referred to the City.
Manager.
Belmont Forum and
G8 Research Council
Initiative: City Manager
submitting correspon-
dence to Dr. Nathanial
G. Pitts of the Belmont
Forum and G8
Research Council re-
garding the City's
participation in the
Urban Hydrology and
Water Sustainability
Initiative. Upon motion
the documents were
received, filed and
approved.
Improvement Con-
tracts / Performance,
Payment and Mainte-
nance Bonds: Connolly
Construction, Inc. for
the Eagle Point Park
Washout Repair Pro-
ject; Hayward Baker,
Inc. for the Grand River
Convention Center
Floor Settlement Reme-
diation Project; Klauer
Construction Company
for the Historic White
Water Creek Bridge
Restoration Project
Phase 4 - Wood Deck-
ing; McDermott Exca-
vating for the 2012
Drain Tile Project. Upon
motion the documents
were received, filed
and approved.
Signed Contracts:
Contract with
S c h r o e d e r
Construction for the
Upper Bee Branch
Creek Restoration
Project. Upon motion
the document was
received and filed.
Alcohol Compliance
Civil Penalty for
Alcohol License
Holders - Olive Garden
Restaurant: City
M a n a g e r
recommending
approval of the
Acknowledgment/Settl
ement Agreement for
an alcohol compliance
violation for Olive
Garden Restaurant,
3350 Dodge Street.
Upon motion the
documents were
received, filed and
approved.
Alcohol License
Applications: City Man-
ager recommending
approval of annual
liquor, beer, and wine
licenses as submitted.
Upon motion the docu-
ments were received
and filed and
Resolution No. 297 -12
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 was adopted.
ITEMS TO SE 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 7 -0.
Brunskill Road Bridge
Reconstruction Project:
City Manager recom-
mending initiation of
the public bidding
process for the
Brunskill Road Bridge
Reconstruction Project,
and further recom-
mends that a public
hearing be set for
November 19, 2012.
Upon motion the
documents were re-
public hearing for a
meeting to commence
at 6 :30 p.m. on
November 19, 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:
Civic Center Com-
mission: One 3 -Year
term through June 29,
2013 (Vacant term of
Fields). Applicants:
McKenzie R. Hill, 394 V2
Bluff St. #2; Jeff
Lenhart, 1711 Clarke
Dr. Ms. Hill and Mr. Len-
hart spoke in support
of their respective
appointments.
Environmental Stew-
ardship Advisory Com-
mission: One 3 -Year
term through October
1, 2015 (Expired term
of Walter). Applicants:
David Koch, 1950
Admiral St.; Gina
Makris, 166 Bluff St.
Human Rights Com-
mission: One 3 -Year
term through January
1, 2015 (Vacant term of
Krey). Applicant: Jeff
Lenhart, 1711 Clarke
Dr. Mr. Lenhart spoke
in support of his
appointment.
Investment Oversight
Advisory Committee:
One 3 -Year term
through July 1, 2015
(Vacant term of King).
Applicant: Rick Runde,
1034 Barbaralee Dr.
Mediacom Charitable
Foundation: One 1 -Year
term through Decem-
ber 31, 2013 (Expired
term of Chavenelle).
Applicant: Gail Chave-
nelle, 1155 Kelly Lane.
Mississippi River
Partnership Council:
One 3 -Year term
through December 31,
2015 (Expired term of
Cawley). Applicant:
Edward Cawley, 598
Needham St.
PUBLIC HEARINGS
Upon motion the rules
were suspended allow-
ing anyone present to
address the City
Council.
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 recommend-
ing approval. Motion
by Lynch to receive
and file the documents
and adopt Resolution
No. 300 -12 Approving
the sale of real estate
specifically 2513 -2515
White Street. Seconded
by Connors. Jacob
Long, 4604 Cardinal
Drive, questioned how
the property was
originally acquired.
City Manager Van
Milligen stated that the
City Council approved
the acquisition in 2010.
Motion carried 7 -0.
Eagle Point Water
Plant Well Field
Electrical Upgrades
Project: Proof of
publication on notice
of public hearing to
consider approval of
the plans, specifica-
tions, form of contract
and the estimated cost
for the Eagle Point
Water Plant Well Field
Electrical Upgrades
Project and the City
Manager recommend-
ing approval. Motion
by Connors to receive
and file the documents
and adopt Resolution
No. 301 -12 Approval of
plans, specifications,
form of contract, and
estimated cost for the
Eagle Point Water
Plant Well Field Elec-
trical Upgrades Pro-
ject. Seconded by Jones.
Motion carried 7 -0.
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 appro-
val. Motion by Jones to
receive and file the
documents and adopt
Resolution No. 302 -12
Approval of plans,
specifications, form of
contract, and esti-
mated cost for the ARC
Transfer Center Phase
1 Project. Seconded by
Resnick. Responding to
questions from City
Council, Transit Man-
ager Barbara Morck
provided an explan-
ation of the project
stating that phase 1
provides for a canopy
at the Jule Transit
System's west side
transfer center on John
F. Kennedy Road.
Additional amenities
such as enclosures and
restrooms are planned
for phase 2 within the
next year. Motion
reasonable accommo-
dations in the event
that the barrier
removal is not readily
achievable. Restated
motion by Connors to
receive and file the
documents and con-
sider the first reading
of a proposed
ordinance amending
City of Dubuque Code
of Ordinances Title 14
Building and Devel-
opment, Chapter 1
Building Codes, Article
1 Accessibility Code for
Readily Achievable
Changes, Section 14-11 -
3 Removal of Arch-
itectural Barriers if
Readily Achievable by
adding language to
clarify that the
determination of Read-
ily Achievable within
the City of Dubuque
will be made by the
City Manager. Sec-
onded by Braig. Re-
sponding to questions
from the City Council,
City Manager Van
Milligen stated that
determinations would
be made with the aid
of staff advisors and
that the City cannot
safeguard against
federal interpretation
of "readily accessible."
Proudly Accessible
Dubuque will be
contacted for their
input on the issue.
Motion carried 7 -0.
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. Motion by
Connors to receive and
file the documents and
select Council Mem-
bers Braig, Connors,
Lynch, and Sutton as
attendees. Public
Health Specialist Mary
Rose Corrigan and Blue
Zone Leadership Team
Member Sara Pickley
provided details of the
event. Motion carried 7 -0.
Moody's Investors
Service: City Manager
transmitting the
Moody's Investors Ser-
vice bond ratings and
detailed comments for
five current bond
issues. Motion by Jones
to receive and file the
documents. Seconded
by Resnick. City
Manager Van Milligen
provided information
on how the City's
Comprehensive Plan
and Council goals and
Priorities direct debt
issuance, debt service
and the budgeting/
scheduling of Capital
Improvement Projects
adding information on
the City's current
financial health and
retention of its Aal
bond rating.
Sale of General
Obligation Bonds,
Series 2012E, F, H & 1:
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 Obli-
gation 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. Motion by
Braig to receive and
file the documents and
adopt Resolution No.
303 -12 Directing the
sale of General
Obligation Bonds, Ser-
ies 2012E; Resolution
No. 304 -12 Directing
the sale of Taxable
General Obligation
Bonds, Series 2012F;
Resolution No. 305 -12
Directing the sale of
General Obligation
Urban Renewal Bonds,
Series 2012H; and
Resolution No. 306 -12
Directing the sale of
Taxable General Obli-
gation Refunding
Bonds, Series 20121.
Seconded by Jones.
Tim Oswald Of Piper -
Jaffray reviewed the
bond sale with the City
Council. Motion carried
7 -0.
General Obligation
Refunding Bonds, Ser-
ies 2012G - Complete
Action on Issuance:
City Manager recom-
mending approval of
the suggested pro-
ceedings to complete
the action required on
the recent Series 2012G
refunding bond issu-
ance. Motion by Jones
to receive and file the
documents and adopt
Resolution No. 307 -12
Appointing Wells Fargo
Bank, National Associ-
ation 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 execu-
A newly released video
provided by the City of
Dorbirn describing
their city was
presented.
PUBLIC INPUT
Jacob Long, 4604
Cardinal Drive,
expressed his concerns
about the less well -off
areas of the city, the
City's indebtedness,
revenue projections
and sources, long -term
public- private
partnerships, and
utilities monopolies.
Mr. Long added that
the on -line version of
the City's budget
documents are difficult
to understand.
CLOSED SESSION
Motion by Jones to
convene in closed
session at 8:38 p.m.
regarding pending
litigation pursuant to
Chapter 21.5(1)(c)
Code of Iowa. Sec-
onded by Resnick.
Motion carried 7 -0.
Upon motion, the City
Council reconvened in
open session at 8:49
p.m. stating that staff
had been given proper
direction.
There being no
further business, upon
motion the City Council
adjourned at 8:50 p.m.
/s /Kevin S. Firnstahl,
CMC, City Clerk
It 11/14
OF IOWA {SS:
UE COUNTY
CERTIFICATION OF PUBLICATION
ie, a Billing Clerk for Woodward Communications, Inc., an Iowa
ublisher of the Telegraph Herald,a newspaper of general circulation
1e City of Dubuque, County of Dubuque and State of Iowa; hereby
attached notice was published in said newspaper on the following
Der 14, 2012, and for which the charge is $344.98.
before me, a Notary Public in and for Dubuque County, Iowa,
r
day of , 20 / .
Notary Public in and for Dubuque County, Iowa.
RN K. WEST1 RM Y R
Cify Council called for
the purpose of con-
ducting 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.
PROCLAMATIONS
Veterans Day
(November 11, 2012)
was accepted by John
Richardson of Ameri-
can Legion Post #6;
Philanthropy Day
(November 15, 2012)
was accepted by Dan
McCarthy, Executive
Director of the Finley
Health Foundation, 350
N. Grandview, and
representing the Asso-
ciation of Fundraising
Professionals, Greater
Tri -State Chapter.
Key Club Week
(November 5 -9, 2012)
was accepted by
Natalie Walgren of
Illinois /Eastern Iowa
Key Club Region #15;
Hospice Month
(November 2012) was
accepted by Carole
Carroll, Hospice of
Dubuque, 2255 John F.
Kennedy Road.
PRESENTATION
National Association
of Development Organ-
izations (NADO) 2012
Innovation Award: Can-
dace Eudaley and
Chandra Ravada of the
East Central Intergov-
ernmental Association
(ECIA) presented the
2012 NADO Innovation
Award to the City of
Dubuque for its role in
the Smarter Travel
Pilot Study.
CONSENT ITEMS
Motion by Lynch to
receive and file the
documents, adopt the
resolutions, and dis-
pose of as indicated.
Seconded by Braig.
Jacob Long, 4604
Cardinal Drive re-
quested that ( #5) IBM
for Smarter Electricity
Iowa - Amendment to
Joint Development
Agreement be held for
separate discussion.
Motion carried 7 -0.
Minutes and Reports
Submitted: Art and
Cultural Advisory Com-
mission of 9/25, Build-
ing Code Board of
Appeals of 10/26, City
Council Proceedings of
10/15, Community
Development Advisory
Commission of 10/17,
Dubuque County Emer-
gency Management
Commission of 8/7,
Housing Commission of
9/25, Historic Preser-
vation 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. Upon motion the
documents were re-
ceived and filed.
Notice of Claims and
Suits: Rachel Galazin
for vehicle damage,
Sandra Juergens for
vehicle damage, Dar-
rell Whitt for property
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: Jenn-
ifer 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.
Upon motion the
documents were
received, filed and
concurred.
2012 Brick Manhole
Replacement Project
Bid Package 4 - Project
Acceptance: City Man-
ager recommending
acceptance of the
public improvements
for the 2012 Brick
Manhole Replacement
Project Bid Package 4
as completed by Drew
Cook & Sons. Upon
motion the documents
were received and filed
and Resolution No. 291-
12 Accepting the 2012
Brick Manhole Replace-
ment Project Bid Pack-
age 4 and authorizing
the payment of the
contract amount to the
contractor was
adopted.
IBM for Smarter
Electricity Iowa -
Amendment to Joint
Development Agree-
ment City Manager
recommending appro-
val of an Amended
Joint Development
Agreement with IBM
Research authorizing
software licenses
necessary to proceed
with the Department of
contract with Sungard
OSSI for the public
safety software for the
City of Dubuque and its
partner public safety
agencies. Upon motion
the documents were
received, filed and
approved.
Alternative Services
Concepts - Workers'
Compensation Renewal
Rates: City Manager
recommending appro-
val of the renewal
rates from Alternative
Services Concepts for
services related to the
administration of the
City's Worker's Com-
pensation Program for
the period October 1,
2012, through October
30, 2013. Upon motion
the documents were
received, filed and
approved.
Renewal Rate for
Voluntary Dental Plan:
City Manager recom-
mending approval of
the renewal rates for
the Delta Dental plan
for January 1, 2013,
through December 31,
2012. Upon motion the
documents were re-
ceived, filed and
approved.
Hostess Brands WARN
Notification: Corre-
spondence from Jeff
Parlato, Vice President
of Human Resources
and Labor Relations,
providing an update to
the Worker Adjustment
and Retraining Noti-
fication (WARN) for
Hostess Brands. Upon
motion the documents
were received and
filed.
Design Review
Guidelines Update -
Grant Application: City
Manager recommend-
ing approval of the
submittal of a National
Trust for Historic
Preservation Funds
grant to update and
consolidate multiple
existing design man-
uals into one com-
prehensive easy to use
and understand docu-
ment. Upon motion the
documents were re-
ceived and filed and
Resolution No. 292 -12
Authorizing grant
application for NTHP
Funds to update and
consolidate design
guideline manuals was
adopted.
Quarterly Investment
Report: City Manager
transmitting the Sep-
tember 30, 2012
Quarterly Investment
Report. Upon motion
the documents were
received and filed.
Plumbing Board:
Board Member Dan
Harris submitting his
resignation from the
Plumbing Board. Upon
motion the document
was received, filed and
the resignation ac-
cepted.
Iowa Economic
Development Authority
- Heartland Financial
Contract: City Manager
recommending appro-
val of a contract with
the Iowa Economic
Development Authority
for Iowa Values Funds
(IVF) Financial Assis-
tance benefits on
behalf of Heartland
Financial USA, Inc. for
an expansion of office
space in the Roshek
Building. Upon motion
the documents were
received and filed and
Resolution No. 293 -12
Approving an Iowa
Values Fund Financial
Assistance Contract by
and among the Iowa
Economic Development
Authority, the City of
Dubuque and Heart-
land Financial USA, Inc.
was adopted.
Purchase of Property -
1318 Jackson Street:
City Manager recom-
mending approval to
purchase a house
located at 1318 Jackson
Street from the
Marcellus J. Pottebaum
Trust. Upon motion the
documents were re-
ceived and filed and
Resolution No. 294 -12
Approving the acqui-
sition of real estate
located at 1318 Jackson
Street in the City of
Dubuque was adopted.
Federal Emergency
Management Agency
(FEMA) Buy -Out -
Demolition Contract:
City Manager recom-
mending approval of
the award of the
Regulated Asbestos
Containing Material
demolition contract to
Environmental Man-
agement Services of
Iowa, Inc., to allow for
the demolition of the
flood- damaged pro-
perty at 1654 Manson
Road through the
FEMA 403 Buy -Out
Program. Upon motion
the documents were
received, filed and
approved.
E. B. Lyons Inter-
pretive Area Expansion
- REAP Grant Agree-
ment: City Manager
recommending appro-
val of an agreement
with the Iowa
Department of Natural
Resources for devel-
opment of Phase 1 of
the 52 -acre E.B. Lyons
Interest to the U.S.
Environmental Protec-
tion Agency for Tech-
nical Assistance Build-
ing Blocks for Sus-
tainable Communities.
Upon motion the
document was
received, filed and
approved.
Sustainable Dubuque
Project Monthly Status
Update: City Manager
transmitting the Sus-
tainable Dubuque Pro-
ject Status Update for
the months of Septem-
ber and October, 2012.
Upon motion the
documents were
received and filed.
Local Sustainability
Matching Fund Grant
Application: City Man-
ager recommending
approval of Local
Sustainability Match-
ing Fund grant
application to support
the Green & Healthy
Homes Initiative. Upon
motion the documents
were received, filed
and approved.
Federal Emergency
Management Agency
(FEMA) - 2012 Commun-
ity Resilience Innova-
tion Challenge Grant:
City Manager trans-
mitting information on
the FEMA 2012
Community Resilience
Innovation Challenge
Grant that the City
applied for in
partnership with Sus-
tainable Strategies DC.
Upon motion the
documents were re-
ceived, filed and
approved.
Facade Design Work -
Central Avenue: City
Manager recommend-
ing approval to utilize
available UDAG funds
to assist property
owners on Central
Avenue in the Wash-
ington Neighborhood
with conceptual design
work for the facades
on their commercial
buildings. Upon motion
the documents were
received, filed and
approved.
Memo of Under-
standing IDOT Parking
Ticket Registration
Holds: City Manager
recommending appro-
val 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. Upon
motion the documents
were received, filed
and approved.
Request to Vacate -
National Guard Read-
iness Center: Commun-
'cation from Richard
Wolbers of Straka
Johnson Architects on
behalf of the National
Guard Readiness Cen-
ter requesting that the
City vacate a portion of
City -owned property at
the intersection of 5001
Old Highway Road and
1035 Radford Road.
Upon motion the
documents were
received, filed and
referred to the City.
Manager.
Belmont Forum and
G8 Research Council
Initiative: City Manager
submitting correspon-
dence to Dr. Nathanial
G. Pitts of the Belmont
Forum and G8
Research Council re-
garding the City's
participation in the
Urban Hydrology and
Water Sustainability
Initiative. Upon motion
the documents were
received, filed and
approved.
Improvement Con-
tracts / Performance,
Payment and Mainte-
nance Bonds: Connolly
Construction, Inc. for
the Eagle Point Park
Washout Repair Pro-
ject; Hayward Baker,
Inc. for the Grand River
Convention Center
Floor Settlement Reme-
diation Project; Klauer
Construction Company
for the Historic White
Water Creek Bridge
Restoration Project
Phase 4 - Wood Deck -
ng; McDermott Exca-
vating for the 2012
Drain Tile Project. Upon
motion the documents
were received, filed
and approved.
Signed Contracts:
Contract with
S c h r o e d e r
Construction for the
Upper Bee Branch
Creek Restoration
Project. Upon motion
the document was
received and filed.
Alcohol Compliance
Civil Penalty for
Alcohol License
Holders - Olive Garden
Restaurant: City
M a n a g e r
recommending
approval of the
Acknowledgment/Settl
ement Agreement for
an alcohol compliance
violation for Olive
Garden Restaurant,
3350 Dodge Street.
Upon motion the
documents were
received, filed and
approved.
Alcohol License
ceived and filed and
Resolution No. 298 -12
Preliminary approval of
plans, specifications,
form of contract, and
estimated cost; setting
date of public hearing
on plans, specifi-
cations, form of
contract, and esti-
mated cost; and
ordering the adver-
tisement for bids
(Brunskill Road Bridge
Reconstruction Project
Iowa DOT Project No.
BROS -2100 (659)8J -31)
was adopted setting a
public hearing for a
meeting to commence
at 6:30 p.m. on
November 19, 2012 in
the Historic Federal
Building.
Hillcrest Family Ser-
vices - Request to
Vacate Storm Sewer
Easement: City Mana-
ger 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. Upon motion
the documents were
received and filed and
Resolution No. 299 -12
Resolution of Intent to
vacate and dispose of
city interest in storm
sewer easements over
and across Lot 1 of
Peterson Subdivision
No. 2 in the City of
Dubuque, Dubuque
County, Iowa, was
adopted setting a
public hearing for a
meeting to commence
at 6:30 p.m. on
November 19, 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:
Civic Center Com-
mission: One 3 -Year
term through June 29,
2013 (Vacant term of
Fields). Applicants:
McKenzie R. Hill, 394 Vz
Bluff St. #2; Jeff
Lenhart, 1711 Clarke
Dr. Ms. Hill and Mr. Len-
hart spoke in support
of their respective
appointments.
Environmental Stew-
ardship Advisory Com-
mission: One 3 -Year
term through October
1, 2015 (Expired term
of Walter). Applicants:
David Koch, 1950
Admiral St.; Gina
Makris, 166 Bluff St.
Human Rights Com-
mission: One 3 -Year
term through January
1, 2015 (Vacant term of
Krey). Applicant: Jeff
Lenhart, 1711 Clarke
Dr. Mr. Lenhart spoke
in support of his
appointment.
Investment Oversight
Advisory Committee:
One 3 -Year term
through July 1, 2015
(Vacant term of King).
Applicant: Rick Runde,
1034 Barbaralee Dr.
Mediacom Charitable
Foundation: One 1 -Year
term through Decem-
ber 31, 2013 (Expired
term of Chavenelle).
Applicant: Gal Chave-
nelle, 1155 Kel y Lane.
Mississippi River
Partnership Council:
One 3 -Year term
through December 31,
2015 (Expired term of
Cawley). Applicant:
Edward Cawley, 598
Needham St.
PUBLIC HEARINGS
Upon motion the rules
were suspended allow-
ing anyone present to
address the City
Council.
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 recommend-
ing approval. Motion
by Lynch to receive
and file the documents
and adopt Resolution
No. 300 -12 Approving
the sale of real estate
specifically 2513 -2515
White Street. Seconded
by Connors. Jacob
Long, 4604 Cardinal
Drive, questioned how
the property was
originally acquired.
City Manager Van
Milligen stated that the
City Council approved
the acquisition in 2010.
Motion carried 7 -0.
Eagle Point Water
Plant Well Field
Electrical Upgrades
Project: Proof of
publication on notice
of public hearing to
consider approval of
the plans, specifica-
tions, form of contract
and the estimated cost
for the Eagle Point
Water Plant Well Field
Electrical Upgrades
Project and the City
Manager recommend-
ing approval. Motion
by Connors to receive
and file the documents
and adopt Resolution
carried 7 -0.
Upon motion the rule
were reinstated limit
ing discussion to th
City Council.
ACTION ITEMS
Greater Dubuqu
Development Corpora
tion: President and
CEO Rick Dickinso
provided a quarter)
update of the activitie
of the Greater Dubuque
Development Corpora
tion. Mr. Dickinson
credited the City
Council's initiative
and public - private par
tnerships for the corn
munity's successe
and described a
number of commercia
business expansion
that have taken place
in the last year. Mr
Dickinson also addres
sed the low unem
ployment rate, low
property tax rate, and
focus on workforce
training as well as
Dubuque's lead in the
areas of financial and
insurance services, cus
tomer service and manu
facturing. Motion by
Lynch to receive and
file the information
Seconded by Jones
Motion carried 7 -0.
Code of Ordinances -
ADA Readily Achiev-
able Determinations
City Manager recom-
mending approval of
an update to the City's
Accessibility Code to
clarify how the readily
achievable standard is
determined and pro-
vide for the use of
alternative methods of
reasonable accommo-
dations in the event
that the barrier
removal is not readily
achievable. Restated
motion by Connors to
receive and file the
documents and con-
sider the first reading
of a proposed
ordinance amending
City of Dubuque Code
of Ordinances Title 14
Building and Devel-
opment, Chapter 1
Building Codes, Article
I Accessibility Code for
Readily Achievable
Changes, Section 14 -11-
3 Removal of Arch-
itectural Barriers if
Readily Achievable by
adding language to
clarify that the
determination of Read-
ily Achievable within
the City of Dubuque
will be made by the
City Manager. Sec-
onded by Braig. Re-
sponding to questions
from the City Council,
City Manager Van
Milligen stated that
determinations would
be made with the aid
of staff advisors and
that the City cannot
safeguard against
federal interpretation
of "readily accessible."
Proudly Access ble
Dubuque will be
contacted for their
input on the issue.
Motion carried 7 -0.
Blue Zone Project
Finalist: City Manager
requesting that the
Mayor and at east two
City Council Members
attend and represent
City Policy Leadership
at the Blue Zones site
visit on November 15,
2012. Motion by
Connors to receive and
file the documents and
select Council Mem-
bers Braig, Connors,
Lynch, and Sutton as
attendees. Public
Health Specialist Mary
Rose Corrigan and Blue
Zone Leadership Team
Member Sara Pickley
provided details of the
event. Motion carried 7 -0.
Moody's Investors
Service: City Manager
transmitting the
Moody's Investors Ser-
vice bond ratings and
detailed comments for
five current bond
issues. Motion by Jones
to receive and file the
documents. Seconded
by Resnick. City
Manager Van Milligen
provided information
on how the City's
Comprehensive Plan
and Council goals and
priorities direct debt
issuance, debt service
and the budgeting/
scheduling of Capital
Improvement Projects
adding information on
the City's current
financial health and
retention of its Aal
bond rating.
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 Obli-
gation 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. Motion by
Braig to receive and
file the documents and
adopt Resolution No.
303 -12 Directing the
sale of General
tion of the Agreement;
and Resolution No. 308-
12 Authorizing and
providing for the
issuance of $950,000
General Obligation Re-
funding Bonds, Series
2012G, and levying a
tax to pay said bonds.
Seconded by Connors.
Motion carried 7 -0.
Downtown Housing
and Downtown Reha-
bilitation Loan / Grant
Program Incentives:
City Manager recom-
mending approval of
updated program
guidelines for the
City's downtown eco-
nomic development
incentive programs.
Motion by Jones to
receive and file the
documents and adopt
Resolution No. 309 -12
Amending the guide-
lines for the Downtown
Housing Incentive,
Downtown Rehabili-
tation Loan, Planning
and Design Grant,
Facade Grant and
Financial Consultant
Grant Program within
the Greater Downtown
Urban Renewal District.
Seconded by Connors.
Motion carried 7 -0.
Sister City - Dornbirn,
Austria: Mayor Buol
presented the procla-
mation that officially
designates the City of
Dornbirn, Austria, and
the City of Dubuque,
Iowa, as Sister Cities.
The Mayor and City
Clerk Firnstahl updated
City Council on their
recent delegation visit
to the City of Dornbirn.
A newly released video
provided by the City of
Dorbirn describing
their city was
presented.
PUBLIC INPUT
Jacob Long, 4604
Cardinal Drive,
expressed his concerns
about the less well -off
areas of the city, the
City's indebtedness,
revenue projections
and sources, long -term
public- private
partnerships, and
utilities monopolies.
Mr. Long added that
the on -line version of
the City's budget
documents are difficult
to understand.
CLOSED SESSION
Motion by Jones to
convene in closed
session at 8:38 p.m.
regarding pending
litigation pursuant to
Chapter 21.5(1)(c)
Code of Iowa. Sec-
onded by Resnick.
Motion carried 7 -0.
Upon motion, the City
Council reconvened in
open session at 8:49
p.m. stating that staff
had been given proper
direction.
There being no
further business, upon
motion the City Council
adjourned at 8:50 p.m.
/s /Kevin S. Firnstahl,
CMC, City Clerk
It 11/14
OF IOWA {SS:
UE COUNTY
CERTIFICATION OF PUBLICATION
:e, a Billing Clerk for Woodward Communications, Inc., an Iowa
ublisher of the Telegraph Herald,a newspaper of general circulation
ze City of Dubuque, County of Dubuque and State of Iowa; hereby
attached notice was published in said newspaper on the following