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Proof of Publication_City Council Proceedings fro 11 19 12CITY OF I UBIJQIJE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6 :30 p.m. on November 19, 2012 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Lynch, Resnick, Sutton; City Manager Van Milligen, City Attorney Lindahl Absent: Council Member Jones Mayor Buol read the call and stated this is regular session of the City Council called fom the purpose o conducting such busi' ness 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. PRESENTATION(S) City of Townsville, Queensland, Australia: Mayor Jenny Hill and Integrated Sustaina- bility Services Execu- tive Manager Greg Bruce presented the City Council with a plaque of the Seal of Townsville, and Mayor Buol presented Ms. Hill and Mr. Bruce with a copy of Dr. Abdul Sinno's book Scenic Treasures of the Midwest. 1000 Friends of Iowa - 2012 Best Development Awards: Planning Ser- vices Laura Carstens presented the 2012 Best Development Awards from the 1000 Friends of Iowa for the Historic Millwork Dis- trict Complete Streets Project (New Civic Project) and River works Development (Mixed Use Project). CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated with exception to item #7. Seconded by Braig. Attorney Art Gilloon requested ( #7) Partial Release of Mortgage - Davis be removed from the agenda. Motion carried 6 -0. Minutes and Reports Submitted: City Coun- cil proceedings of 11/5, Civic Center Advisory Commission of 7/23, Investment Oversight Advisory Commission of 10/24, Safe Com- munity Advisory Com- mittee of 9/12, Zoning Advisory Commission of 11/7, Zoning Board of Adjustment of 10/25, Proof of Publication for City Council proceed- ings of 10/15. Upon motion the documents were received and filed. Notice of Claims and Suits: Lyle Christo- pherson for vehicle damage. Upon motion the documents were received, filed and referred to the City Attorney. Preferred Health Choices - Administra- tive Services Amend- ment V: City Manager recommending appro- val to increase the monthly administrative services fee; to approve Amendment V of the Administrative Services Agreement with Health Choices to provide COBRA admin- istration, payment collection and distri- bution of the certificates of credible coverage services; and I authorize the City Manager to sign the amendment. Upon ' motion the documents were received, filed and approved. Total Administrative IServices Corporation (TASC) - Approval of Renewal Rates: City Manager recommend - fing approval of the administrative services fee of Total Adminis- trative Services Cor- Iporation (TASC), the City's flexible spending !plan administrator, effective January 1, !2013, through Decem- tber 31, 2015. Upon motion the documents jwere received, filed :and approved. 12012 Weed, Junk, and Garbage Assessments: City Manager is recommending the levy of special assessments for - the eed /Junk /Garbage Enforcement Programs or the period from arch 2012 to October 0, 2012. Upon motion he documents were eceived and filed and esolution No.310 -12 BUDGET' AMENDMENT #3 See BUDGET AMEND- MENT #3 IN TODAY'S LEGALS RESOLUTION 12 -317 - APPROVAL OF FY13 BUDGET AMENDMENT #3 WHEREAS, the Board of • Supervisors of Dubuque County has amended the Budget for Fiscal Year 2013 on August 13, 2012, and September 10, 2012; and WHEREAS, the Code of Iowa, Section 331.434(6) specifies that the Board of Supervisors shall, by resolution, appropriate amounts for each of the county officers and departments; and NOW THEREFORE BE IT RESOLVED by the Board of Supervisors of Dubuque County that the appropriations as designated by Reso- lution 12 -191, as adopted on July 24, 2012; and amended by Resolution 12 -235, as adopted on August 13, 2012; and amended by Resolution 12 -264, as adopted on September 10, 2012; be further amended as follows: GENERAL BASIC FUND, Appropriation as Amended, Current Amendment, Amended Appropriation County General, 2,291,883, 1,750, 2,293,633; Supervisors, 162,979, 0, 162,979; Auditor, 328,065, (1,100), 326,965; Treasurer, 665,231, 0, 665,231; Attorney, 1,669,016, 0, 1,669,016; Sheriff, 8,632,001, (93,932), 8,538,069; Recorder, 337,588, 0, 337,588; Mapping, 197,484, 0, 197,484; Veterans' Affairs, 385,386, 0, 385,386; Conservation, 4,869,084, 0, 4,869,084; Bd of Health, 965,833, 0, 965,833; Care Facility, 950, 0, 950; Medical Examiner, 297,283, 0, 297,283; Personnel, 194,811, 0, 194,811; General Services, 317,275, 0, 317,275; Information Services, 442,835, 0, 442,835; Budget Direc- tor, 66,441, 0, 66,441; Capital Projects, 375,662, 0, 375,662; Phone System, 55,160, 0, 55,160; Multi - Jurisdictional Grants, 0, 0, 0; MH /MR /DD, 231,100, 0, 231,100; Human Services, 271,044, 0, 271,044; General Relief, 274,737, 0, 274,737; Sunnycrest, 8,531,177, 0, 8,531,177; Economic Develop- ment, 4,879,416, 0, 4,879,416; Emergency Support Services, 134,332, 0, 134,332; Fund Total, 36,576,773, (93,282), 36,483,491. GENERAL SUPPLE- MENT, Appropriation as amended, Current Amendment, Amended Appropriation Supervisors, 63,325, 0, 63,325; Auditor, 525,432, 1,900, 527, 332; Treasurer, 247,793, 0, 247, 793; Attorney, 491,494, 0, 491, 494; Sheriff, 2,027, 216, 0, 2,027,216; Recorder, 111,202, 0, 111,202; Mapping, 64,750, 0, 64,750; Veteran's Affairs, 54,136, 0, 54,136; Conservation, 273,385, 0, 273,385; Bd of Health, 56,326, 0, 56, 326; Care Facility, 56,500, 0, 56, 500; Medical Examiner, 11,631, 0, 11,631; Juvenile Probation, 211,389, 0, 211,389; District Court, 112,366, 0, 112,366; Personnel, 73, 588, 0, 73, 588; General Services, 55,927, 0, 55,927; Information Services, 52,908, 0, 52,908; Budget Director, 28,462, 0, 28,462; Capital Projects, 0, 0, 0; General Relief, 58,878, 0, 58,878; Sunnycrest, 2,360,663, 0, 2,360,663; Emergency Support Services, 379,246, 0, 379,246; Risk Management, 507,467, 0, 507,467; Fund Total, 7,824,084, 1,900, 7,825,984. HEALTH INS - DEDUCTIBLE, Appro- priation as amended, Current Amendment, Amended Appropria- tion Health Ins Deductible, 902,381, 0, 902,381; Fund Total, 902,381,0,902,381. MH -DD FUND, Appro- priation as amended, Current Amendment, Amended - ,Appropria- tion MH -DD Coordinator, 1 159,977, ; 0, 159,977; MH/MR/DD, 10,756,970, 10, 10,756,970; General Relief, 350,0, 350; Fund Total, 10,917,297, 0, i 10,917,297. < "'SECONDARY ROADS r, FUND, Appropriation as r amended, Current i. Amendment, Amended Economic Develop- ment, 272,950, 0, 272,950; Fund Total, 272,950, 0, 272,950. TAX INCREMENT FINANCING, Appropria- tion as amended, Current Amendment, Amended Appropria- tion County General, 255,781, 0, 255,781; Fund Total, 255,781, 0, 255,781. CAPITAL PROJECTS, Appropriation as amended, Current Amendment, Amended Appropriation Capital Projects, 1,643,852, 0, 1,643,852; Fund Total, 1,643,852, 0, 1,643,852. DEBT SERVICE, Appropriation as amended, Current Amendment, Amended Appropriation Capital Projects, 551,956, 0, 551,956; Fund Total, 551,956, 0, 551,956. FURTHER, that Total Appropriations for Fiscal Year 2013, inclusive of the original appropriation and its amendments, for the county officers and departments are as follows: TOTAL APPROPRIA- TIONS, Appropriation as amended, Current Amendment, Amended Appropriation County General, 2,547,664, 1,750, 2,549,414; Supervisors, 226,304, 0, 226,304; Auditor, 853,497, 800, 854,297; Treasurer, 913,024, 0, 913,024; Attorney, 2,160,510, 0, 2,160,510; Sheriff, 10,659,217, (93,932), 10,565,285; Recorder, 458,790, 0, 458,790; Mapping, 262,234, 0, 262,234; Roads, 15,229,852, 22,900, 15,252,752; Veterans' Affairs, 439,522, 0, 439,522; 'Conservation, 5,142,469, 0, 5,142,469; Bd of Health, 1,022,159, 0, 1,022,159; Zoning Commission, 222,053, 0, 222,053; Care Facility, 57,450, 0, 57,450; Medical Examiner, 308,914, 0, 308,914; Juvenile Probation, 211,389, 0, 211,389; District Court, 112,366, 0, 112,366; Library, 732,104, 0, 732,104; Personnel, 268,399, 0, 268,399; General Services, 373,202, 0, 373,202; Information Services, 495,743, 0, 495,743; Budget Director, 94,903, 0, 94,903; Capital Projects, 2,571,470, 0, 2,571,470; Phone System, 55,160, 0, 55,160; Multi - Jurisdictional Grants, 0, 0, 0; MH -DD Coordinator, 159,977, 0, 159,977; MH /MR /DD, 10,988,070, 0, 10,988,070; Human Services, 271,044, 0, 271,044; General Relief, 333,965, 0, 333,965; Sunnycrest, 10,891,840, 0, 10,891,840; Economic Development, 5,152,366, 0, 5,152,366; Emergency Support Services, 562,884, 0, 562,884; Risk Management, 507,467, 0, 507,467; Health Ins - Deductible, 902,381, 0, 902,381; Fund Total, 75,188,389, (68,482), 75,119,907. Motion by Man - ternach, seconded by Demmer, carried unan- imously to approve and authorize the Chair to sign Resolution 12 -317. PUBLIC HEARING - AMENDMENT TO ZONING ORDINANCE - ZC#10-20-12 - TODD & ANDREA TROUTMAN/ TODD & LINDSEY SUD- DEN - A -1 TO R -1 & R -3 Chair Klein opened the public hearing. Zoning Administrator Anna O'Shea explained the property requested to be rezoned is located south of Dyersville. She said the applicants are requesting to take two of the lots that have residences on them and change them to R- 3, and also then change the lot behind those lots to R -1, which would allow agricul- tural use as well as future residential use. Motion by Demmer, seconded by Man - ternach, carried unan- imously to close the public hearing. Motion by Demmer, seconded by Man - ternach, carried unan- imously to approve the rezoning, as resi- dential, but not be a buildable lot. PUBLIC HEARING - AMENDMENT TO DUBUQUE COUNTY CODE OF ORDINANCES CHAPTER 1 - ZONING ORDINANCE Chair Klein opened the public hearing. Zoning Administrator Anna O'Shea said the Zoning Board has been working on this amendment based on tet PLC aL a C l LjSa.iJ i i °a)nid_5 Q M 1100610) 'JIH LU205 DE:iS 04 6 sA2PTInS1 0E:v e;l u w to c,9.f sr, Er iagwawaa ilwn wd JE:ry wd JET pill we 61e'E6 wow ;SmoH fidc'Ac7IIZU eaAA Ott 6U1p13V - UOI)Pj' i6uNsE y2)1OLi. IQOOM8Jlj - 6UiW,WpJ_, aaJ /af 5LSIZHi;Uladl • 6U47.d a14l 0JO) 6uiido tspuo- - G'i;,f seDrpu STATE OF IOWA {SS: DL BUQL E 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 28, 2012, and for which the charge is $353.47. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 6', -72,-,9 day of , 20 ;per . Notary Public in and for Dubuque County, Iowa. AHY K. E (E iTlmic io i h 6r'il or ER CITY OF DUB UQUE, IG,WA CITY COUNCIL ROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on November 19, 2012 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Lynch, Resnick, Sutton; City Manager Van Milligen, City Attorney Lindahl Absent: Council Member Jones Mayor Buol read the call and stated this is regular session of the City Council called foi the purpose o conducting such busi ness 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. PRESENTATION(S) City of Townsville, Queensland, Australia: Mayor Jenny Hill and Integrated Sustaina- bility Services Execu- tive Manager Greg Bruce presented the City Council with a plaque of the Seal of Townsville, and Mayor Buol presented Ms. Hill and Mr. Bruce with a copy of Dr. Abdul Sinno's book Scenic Treasures of the Midwest. 1000 Friends of Iowa - 2012 Best Development Awards: Planning Ser- vices Laura Carstens presented the 2012 Best Development Awards from the 1000 Friends of Iowa for the Historic Millwork Dis- trict Complete Streets Project (New Civic Project) and River - works Development (Mixed Use Project). CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated with exception to item #7. Seconded by Braig. Attorney Art Gilloon requested ( #7) Partial Release of Mortgage - Davis be removed from the agenda. Motion carried 6 -0. Minutes and Reports Submitted: City Coun- cil proceedings of 11/5, Civic Center Advisory Commission of 7/23, Investment Oversight Advisory Commission of 10/24, Safe Com- munity Advisory Com- mittee of 9/12, Zoning Advisory Commission of 11/7, Zoning Board of Adjustment of 10/25, Proof of Publication for City Council proceed- ings of 10/15. Upon motion the documents were received and filed. Notice of Claims and Suits: Lyle Christo- pherson for vehicle damage. Upon motion the documents were received, filed and referred to the City Attorney. Preferred Health Choices - Administra- tive Services Amend- ment V: City Manager recommending appro- val to increase the monthly administrative services fee; to approve Amendment V of the Administrative Services Agreement with Health Choices to provide COBRA admin- istration, payment collection and distri- bution of the certificates of credible coverage services; and authorize the City Manager to sign the amendment. Upon motion the documents were received, filed and approved. Total Administrative Services Corporation (TASC) - Approval of Renewal Rates: City Manager recommend- ing approval of the administrative services fee of Total Adminis- trative Services Cor- poration (TASC), the City's flexible spending plan administrator, effective January 1, 2013, through Decem- ber 31, 2015. Upon motion the documents were received, filed and approved. 2012 Weed, Junk, and Garbage Assessments: City Manager is recommending the levy of special assessments for the Weed /Junk /Garbage Enforcement Programs for the period from March 2012 to October 30, 2012. Upon motion the documents were received and filed and Resolution No.310 -12 BUDGET AMENDMENT #3 See BUDGET AMEND- MENT #3 IN TODAY'S LEGALS RESOLUTION 12 -317 - APPROVAL OF FY13 BUDGET AMENDMENT #3 WHEREAS, the Board of Supervisors of Dubuque County has amended the Budget for Fiscal Year 2013 on August 13, 2012, and September 10, 2012; and WHEREAS, the Code of Iowa, Section 331.434(6) specifies that the Board of Supervisors shall, by resolution, appropriate amounts for each of the county officers and departments; and NOW THEREFORE BE IT RESOLVED by the Board of Supervisors of Dubuque County that the appropriations as designated by Reso- lution 12 -191, as adopted on July 24, 2012; and amended by Resolution 12 -235, as adopted on August 13, 2012; and amended by Resolution 12 -264, as adopted on September 10, 2012; be further amended as follows: GENERAL BASIC FUND, Appropriation as Amended, Current Amendment, Amended Appropriation County General, 2,291,883, 1,750, 2,293,633; Supervisors, 162,979, 0, 162,979; Auditor, 328,065, (1,100), 326,965; Treasurer, 665,231, 0, 665,231; Attorney, 1,669,016, 0, 1,669,016; Sheriff, 8,632,001, (93,932), 8,538,069; Recorder, 337,588, 0, 337,588; Mapping, 197,484, 0, 197,484; Veterans' Affairs, 385,386, 0, 385,386; Conservation, 4,869,084, 0, 4,869,084; Bd of Health, 965,833, 0, 965,833; Care Facility, 950, 0, 950; Medical Examiner, 297,283, 0, 297,283; Personnel, 194,811, 0, 194,811; General Services, 317,275, 0, 317,275; Information Services, 442,835, 0, 442,835; Budget Direc- tor, 66,441, 0, 66,441; Capital Projects, 375,662, 0, 375,662; Phone System, 55,160, 0, 55,160; Multi - Jurisdictional Grants, 0, 0, 0; MH /MR /DD, 231,100, 0, 231,100; Human Services, 271,044, 0, 271,044; General Relief, 274,737, 0, 274,737; Sunnycrest, 8,531,177, 0, 8,531,177; Economic Develop- ment, 4,879,416, 0, 4,879,416; Emergency Support Services, 134,332, 0, 134,332; Fund Total, 36,576,773, (93,282), 36,483,491. GENERAL SUPPLE- MENT, Appropriation as amended, Current Amendment, Amended Appropriation Supervisors, 63,325, 0, 63,325; Auditor, 525,432, 1,900, 527, 332; Treasurer, 247,793, 0, 247, 793; Attorney, 491,494, 0, 491, 494; Sheriff, 2,027, 216, 0, 2,027,216; Recorder, 111,202, 0, 111,202; Mapping, 64,750, 0, 64,750; Veteran's Affairs, 54,136, 0, 54,136; Conservation, 273,385, 0, 273,385; Bd of Health, 56,326, 0, 56 326; Care Facility 56,500, 0, 56, 500 Medical Examiner 11,631, 0, 11,631 Juvenile Probation 211,389, 0, 211,389 District Court, 112,366 0, 112,366; Personnel 73, 588, 0, 73, 588 General Services 55,927, 0, 55,927 Information Services 52,908, 0, 52,908 Budget Director 28,462, 0, 28,462 Capital Projects, 0, 0, 0 General Relief, 58,878 0, 58,878; Sunnycrest 2,360,663, 0, 2,360,663 Emergency Support Services, 379,246, 0, 379,246; Risk Management, 507,467, 0, 507,467; Fund Total, 7,824,084, 1,900, 7,825,984. HEALTH INS - DEDUCTIBLE, Appro- priation as amended, Current Amendment, Amended Appropria- tion Health Ins - Deductible, 902,381, 0, 902,381; Fund Total, 902,381, 0, 902,381. MH -DD FUND, Appro- priation as amended, Current Amendment, Amended Appropria- tion MH -DD Coordinator, 159,977, 0, 159,977; MH /MR /DD, 10,756,970, 0, 10,756,970; General Relief, 350, 0, 350; Fund Total, 10,917,297, 0, r 10,917,297. e SECONDARY ROADS r FUND, Appropriation as I amended, Current i, Amendment, Amended Economic Develop- ment, 272,950, 0, 272,950; Fund Total, 272,950, 0, 272,950. TAX INCREMENT FINANCING, Appropria- tion as amended, Current Amendment, Amended Appropria- tion County General, 255,781, 0, 255,781; Fund Total, 255,781, 0, 255,781. CAPITAL PROJECTS, Appropriation as amended, Current Amendment, Amended Appropriation Capital Projects, 1,643,852, 0, 1,643,852; Fund Total, 1,643,852, 0, 1,643,852. DEBT SERVICE, Appropriation as amended, Current Amendment, Amended Appropriation Capital Projects, 551,956, 0, 551,956; Fund Total, 551,956, 0, 551,956. FURTHER, that Total Appropriations for Fiscal Year 2013, inclusive of the original appropriation and its amendments, for the county officers and departments are as follows: TOTAL APPROPRIA- TIONS, Appropriation as amended, Current Amendment, Amended Appropriation County General, 2,547,664, 1,750, 2,549,414; Supervisors, 226,304, 0, 226,304; Auditor, 853,497, 800, 854,297; Treasurer, 913,024, 0, 913,024; Attorney, 2,160,510, 0, 2,160,510; Sheriff, 10,659,217, (93,932), 10,565,285; Recorder, 458,790, 0, 458,790; Mapping, 262,234, 0, 262,234; Roads, 15,229,852, 22,900, 15,252,752; Veterans' Affairs, 439,522, 0, 439,522; Conservation, 5,142,469, 0, 5,142,469; Bd of Health, 1,022,159, 0, 1,022,159; Zoning Commission, 222,053, 0, 222,053; Care Facility, 57,450, 0, 57,450; Medical Examiner, 308,914, 0, 308,914; Juvenile Probation, 211,389, 0, 211,389; District Court, 112,366, 0, 112,366; Library, 732,104, 0, 732,104; Personnel, 268,399, 0, 268,399; General Services, 373,202, 0, 373,202; Information Services, 495,743, 0, 495,743; Budget Director, 94,903, 0, 94,903; Capital Projects, 2,571,470, 0, 2,571,470; Phone System, 55,160, 0, 55,160; Multi - Jurisdictional Grants, 0, 0, 0; MH -DD Coordinator, 159,977, 0, 159,977; MH /MR/DD, 10,988,070, 0, 10,988,070; Human Services, 271,044, 0, 271,044; General Relief, 333,965, 0, 333,965; Sunnycrest, 10,891,840, 0, 10,891,840; Economic Development, 5,152,366, 0, 5,152,366; Emergency Support Services, 562,884, 0, 562,884; Risk Management, 507,467, 0, 507,467; Health Ins - Deductible, 902,381, 0, 902,381; Fund Total, 75,188,389, (68,482), 75,119,907. Motion by Man - ternach, seconded by Demmer, carried unan- imously to approve and authorize the Chair to sign Resolution 12 -317. PUBLIC HEARING - AMENDMENT TO ZONING ORDINANCE - ZC#10-20-12 - TODD & ANDREA TROUTMAN/ TODD & LINDSEY SUD- DEN - A -1 TO R -1 & R -3 Chair Klein opened the public hearing. Zoning Administrator Anna O'Shea explained the property requested to be rezoned is located south of Dyersville. She said the applicants are requesting to take two of the lots that have residences on them and change them to R- 3, and also then change the lot behind those lots to R -1, which would allow agricul- tural use as well as future residential use. Motion by Demmer, seconded by Man - ternach, carried unan- imously to close the public hearing. Motion by Demmer, seconded by Man - ternach, carried unan- imously to approve the rezoning, as resi- dential, but not be a buildable lot. PUBLIC HEARING - AMENDMENT TO DUBUQUE COUNTY CODE OF ORDINANCES - CHAPTER 1 - ZONING ORDINANCE Chair Klein opened the public hearing. Zoning Administrator Anna O'Shea said the Zoning Board has been working on this amendment based on or to be issued, incurred by said City in connection with the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District. Seconded by Braig. Motion carried 6 -0. Code of Ordinances - Construction Storage Plans: City Manager recommending appro- val of an ordinance change to require a construction materials storage plan to be included with plan submittals so there is less of an impact on neighboring property owners. Motion by Lynch to receive and file the documents and that the requirement that a proposed ordi- nance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Connors. Motion carried 6 -0. Motion by Lynch for final consideration and passage of Ordinance No. 61 -12 Amending City of Dubuque Code of Ordinances Title 14 Building and Develop- ment, Chapter 1 Building Codes, Article A Building Code and Regulations, Section 14- 1A-2lnternational Build- ing Code Amendments; Chapter 2 Building Construction, Demoli- tion and Moving, Section 14 -2 -2 Appli- cation for Permit and Section 14 -2 -3 Permit Issuance; Generally by Requiring a Plan for Storage of Materials be Provided on the Application for a Build- ing Permit, Making Renewal of a Building Permit Subject to Compliance with the Conditions on the Original Building Per- mit, Requiring the Storage of Construc- tion Materials to Comply with the City Code from the Date of Issuance Through Day 179, and Requiring Compliance with the, City Code and Main- tenance of the Site as Determined by the City Manager from Day 180 Through Completion of the Project. Seconded by Braig. Motion car- ried 6 -0. Well Field Electrical Upgrades Project Award: City Manager recommending award of contract for the Well Field Electrical Up- grades Project to Price Industrial Electric. Motion by Lynch to receive and file the documents and adopt Resolution No. 326 -12 Awarding Public Im- provement Contract for Well Field Electrical Upgrades Project. Sec- onded by Braig. Motion carried 6 -0. City'Expo - Date and Format Change: City Manager recommend- ing approval to hold City Expo in early September, and to form a task force of staff from other departments to solicit input and involvement in redesigning City Expo to encourage more innovative dis- plays and activities at this event. Motion by Connors to receive and file. Seconded by Res- nick. Public Informa- tion Officer Randy Gehl stated that he is working with city departments and Com- munity Engagement Coordinator Nikola Pavelic for a redesign of and innovations for the annual event. Council concurred with the idea and for keeping the person -to- person format between staff and citizens. Motion carried 6 -0. Sustainable Dubuque - Quarterly Work Ses- sion Request: City Manager requesting approval to schedule a Sustainable Dubuque Quarterly Work Ses- sion for December 17, 2012, at 5:00 p.m. Motion by Lynch to receive and file the documents and set the work session as requested. Seconded by Braig. Motion car- ried 6 -0. COUNCIL MEMBER REPORTS Connors reported on the Blue Zone Program workshop and staff visit, which encourages communities to be- come healthier through easy and attainable choices. Braig acknowledged the election of her daughter to the City Council of Sartell, Minnesota. Resnick expressed thanks for the great city staff and citizen partnerships in the spirit of the upcoming holiday. Mayor Buol reported on his and the City Manager's invitational visit to Grapewine, Texas, to present on Dubuque's Council/ Manager form of government. PUBLIC INPUT Jule Transit System Employees Wayne Strohmeyer, Doug Brehm, Dawn Pollack, and Pat Healy expressed their con- cerns about what they believe is a disparity between the number of part-time and full -time bus driver positions, available hours and scheduling issues in the department and requested that the City Council review the issue in the next fiscal year budget. There being no further business, upon motion the City Council adjourned at 8:21 p.m. /s /Kevin S. Firnstahl, CMC, City Clerk It 11/28 OF IOWA {SS: IUE COUNTY CERTIFICATION OF PUBLICATION ike, a Billing Clerk for Woodward Communications, Inc., an Iowa publisher of the Telegraph Herald,a newspaper of general circulation the City of Dubuque, County of Dubuque and State of Iowa; hereby he attached notice was published in said newspaper on the following nber 28, 2012, and for which the charge is $353.47. o before me, a Notary Public in and for Dubuque County, Iowa, day of 20 A 7; Notary Public in and for Dubuque County, Iowa. 4AAY K. WE ATE Ri ;l Adopting the Schedule the City Clerk to meeting at which it is ' City Manager recom- of Assessments for publish notice as to ibe passed be mending' approval of 2012 and directing the prescribed by law. suspended. Seconded the suggested proceed - City Clerk to certify the Seconded by Resnick. by Resnick. Louis ings to complete the Schedule of Assess Motion carried 6 -0. Basler, 13774 Surrey action required on the ments to the County Code of Ordinances Lane spoke in support recent Series 2012E Treasurer and to Residential Parking Per- of the request. Plan bond issuance. Motion publish notice thereof mit District Amend- ning Services Laura by Connors to receive was adopted. ment: City Manager Carstens provided a and file the documents Fiscal Year 2012 recommending that 'a staff report. Pete `and adopt Resolution Annual Financial public hearing be set Gieschen, 150+ Devon No. 318 -12 Appointing Report: City Manager for December 3, 2012 to Drive; was informed Wells Fargo Bank, recommending appro consider a Residential that he request ap National Association of val of the City of Parking Permit District plies o only that par - Minneapolis, Minne Dubuque's Fiscal Year Amendment on Mar eel. Motion carried 6 -0, sota, to serve as 2012 Annual Financial jorie Circle from Motion by Lynch for ;paying agent, bond Report. Upon motion Pennsylvania Avenue final consideration and registrar, and transfer the documents were to Amy Court , Amy passage of Ordinance agent, approving the received, filed and Court from Marjorie No 57 -12 Amending paying agent and bond approved. Circle to northern Title 16 of the! City of registrar and transfer Partial Release of terminus, and Lucy Dubuque Code of agent agreement and Mortgage - Davis: City Drive from Pennsyl- Ordinances, Unified authorizing the execu - Manager recommend- vania Avenue to Wefu Development Code, by tion of the agreement; ing approval of a Drive. Upon; motion the reclassifying i herein- : and Resolution No. 3,19 - partial release of a documents 1 were after described proper 12 Authorizing , and mortgage executed by received, flied. and 'a ty located at 2995 providing for the Bryce S. Davis and public hearing was set Asbury from R -1 Single issuance of $3,640,000 Cynthia "J Davis to the for a meeting to Family Residential General ? Obligation City of Dubuque Hous- commence at 6 :30 p.m. District to OR Office Bonds, Series 2012E, ing and Community on December 3, 2012 in Residential District. and levying a tax to Development Depart the Historic Federal Seconded by' Braig. pay said bonds. ment. Upon motion this Building. Motion carried 6 -0. Seconded by Braig. item was removed OARCS/ University of Dubuque Motion carried 6 0.i from the agenda. OMM SSI ®NS Amend ID `District: Taxable General Federal Emergency Appointments were Proof of publication on Obligation Bonds, ISer- Management Agency made to the following notice of public ' ies 2012F - Complete (FEMA) - Technical Boards and Commis hearing to consider a Issuance: City Manager Appeal: City Manager signs request from the < recommending appro recommending appro - Civic Center Advisory University of Dubuque, r' val of the suggested val of the City of Commission: One 3- 2000 University Ave proceedings to com Dubuque's technical year term through June nue, tot amend the ID piete he ,action appeal of FEMA's 29, 2013 (Vacant term Institutional District required +on the recent revised floodplain of Fields).'Applicants: Campus Plan to change Series !2012F bond maps. Upon motion the McKenzie R. Hill, 394 Yz an outdoor practice issuance; Motion by documents were Bluff St. #2; and Jeff field ' into an indoor Connors to receive and received, filed and Lenhart, 1711 Clarke practice facility and file the documents and approved. Dr. Upon roll call vote the Zoning Advisory adopt Resolution No. Iowa Department of of b -0, McKenzie Hill Commission recom- 320 -12 Appointing Transportation Grant was appointed to the mending approval. 'Wells Fargo Bank> Agreement - Mines of Civic Center Advisory Motion by Connors to National Association of Spain Trail and Commission fora 3- receive and file the Minneapolis, Minne - Traiihead: City. Man- year term through June documents and that sota, to serve as ager recommending 29, 2013. the requirement that a paying agent, bond approval of an Environmental Stew- proposed ordinance be registrar; and transfer CITY OF DUBUQUE, agreement with the ardship Advisory Com- considered and voted agent, approving the IOWA Iowa Department of mission: One 3 -year on for passage at two paying agent and bond u n- vCf9IDNCIL Transportation for a term through October Council meetings prior registrar and transfer 17 PROCEEDB4GS State Recreational 1, 2015 (Expired term to the meeting at agent agreement and m REGULAR SESSION Trails ! grant for of Walter). Applicants: which it is to be passed authorizing the execu to' The Dubuque City development of the David Koch, 1950 be suspended. Sec- tion of the agreement the Council met in regular Mines of Spain Trail Admiral St.; and Gina onded by Braig. Jim and Resolution No. 321- the session at 6:30 p.m. on ' and Trailhead Project. Makris, 166 Bluff St. Steiner, Vice President 12 Authorizing and as November 19, 2012 in Upon motion the Upon roll call vote of 5- of Finance for the providing for the the ` Historic Federal documents were 1 (Sutton voting for University of Dubuque issuance of $1 ,035,000 tlaed Building, 350 W. 6th received and filed and Makris), David Koch addressed questions Taxable General Obli- Street. Resolution No. 311 -12 was appointed to the from the City Council gation Bonds, Series :Ron Present: Mayor Buol; Authorizing State Environmental Stew- about concerns from 2012F, and levying a Council Members I Recreational Trails ardship Advisory Com the surrounding neigh- tax to pay said bonds. on' I Braig, Connors, Lynch, Grant Agreement with mission for a 3 -year boys , including addi- , Seconded by Resnick. am Resnick, Sutton; City ; Iowa Department of term through October tional noise and light Motion carried 6 -0.` Manager Van Milligen, Transportation for 1, 2015. pollution, vehicular and General Obligation ges City Attorney Lindahl development of the Human Rights pedestrian traffic, Urban Renewal Bonds, be-; Absent: Council Mines of Spain Trail Commission: One 3- litter, security and Series 2012H Com Member Jones and Trailhead was year term through landscape screening. plete Issuance: City bie CERTIFICATION PUBLICATION Buol read the adopted. January 1, 2015 Planning Services Man - Manager recommend call and stated this is a Plat of Survey - (Vacant term of Krey). ager ` Laura Carstens ! ing approval of ! the ed regular session of the McNamer Acres #4: Applicant: Jeff Lenhart, provided a staff report. suggested proceedings en City Council called for Zoning Advisory Com- 1711 Clarke Dr. Motion Amy Kane, 168 to complete the action ier the purpose of mission recommending by Braig to appoint Jeff Princeton Place, ex- :required on the recent ,ll conducting such busi- approval of the Plat of Lenhart to the Human pressed her concerns 'Series 2012H bond ness that may properly Survey for McNamer Rights Commission for for changes taking issuance. Motion by ed 11Ce, a Billing Clerk for Woodward Communications, Inc., an Iowa come before the City Acres #4 (1600 Block of a 3 -year term through place at the University Lynch to receive and , Council. Old Mill Road) subject January 1, 2015. of Dubuque regarding file the documents!andn ubhsher of the Telegraph Herald,a newspaper Of general circulation PLEDGE'OF to waiving the lot Seconded by Lynch. snow and rain runoff, adopt Resolution No. l) g OMENT ®IF SII EN'CE ' for Lot 1. Up nimot nn M ntvestment O6-toy. ersight rlet to nguwiall's, I m t d Wells2 FargoppoBank ng the City of Dubuque, County of Dubuque and State of Iowa; hereby May the spirit of the documents were Advisory commission: green space, and r National Association of :etl the attached notice was published in said newspaper on the following wisdom keep our received and filed and . One 3 -year term declining property Minneapolis, Minne hearts and minds open Resolution No. 312 -12 through July 1, 2015 values. Dan McDonald, sota, to serve as nal' nber 28, 2012, and for which the charge is $353.47. as we endeavor to ! Approving the Plat of (Vacant term of King). 300 Main Street, spoke paying agent, bond serve the common Survey of McNamer Applicant: Rick Runde, in favor of the request registrar, and transfer on good. Acres #4 in the City of 1034 Barbaralee Dr. on behalf of Greater agent, approving the ;il/ PRESENTATION(S) Dubuque, Iowa, was Motion by Lynch to Dubuque Development paying agent and bond of City of Townsville, adopted. appoint Rick Runde to Corporation. Pete registrar and transfer Queensland, Australia: Port of Dubuque the Investment Over Gieschen, 150 Devon agent agreement and Mayor Jenny' Hill and Watermain Extension sightAtivisory Commis Drive, 'inquired about authorizing the execu - S Integrated Sustains- project Canadian sign for a 3l -year term the expanding foot - tion of the agreement; em bility Services Execu pacific Railroad Agree through July 1, 2015. print of the University's and Resolution no.323- te tive Manager Greg; ment: City Manager Seconded by Connors. campus. Mr. Steiner 12 Authorizing and t k t -t'p a Bruce presented the recommending appro- Motion carried 6 -0. provided a rebuttal to providing for the ,ai„ City Council with a val of a Utility Crossing Mediacom Charitable the concerns ' expres- Issuance of $2,385,000 on- plaque of the Seal of Permit with the Foundation: One 1 -year sed and stated that the ' General Obligation ,1ey Townsville, and Mayor Canadian Pacific term through Decem- University does not Urban Renewal Bonds, rity Buol presented Ms. Hill " Railroad to allow for ber 31, 2013 (Expired solicit purchases of Series `` 2012H, and r Of and Mr. Bruce with a the construction of the terms of Chavenelle). property. Mayor Buol levying a tax to pay me" copy of Dr. Abdul port of Dubuque Applicant: Gail Cha- stated that although he said bonds. Seconded Ins, Sinno's book Scenic Watermain Extension venelie, 1155 Kelly Ln. is an' employee of the ' by Resnick. Motion ntl Treasures of the Project. Upon motion Motion by Braig to University of Dubuque, carried 6 -0. Midwest. the documents were appoint Gail Chave- the City Attorney Taxable General ind 0 before me, a Notary Public in and for Dubuque County, Iowa, 1000 Friends'of Iowa - received, filed ' and nelle to the Mediacom advises that there is no Obligation Refunding 2012 Best Development approved. Charitable Foundation conflict of interest. Bonds, Series 20121 -the day Of ,. 2� Awards: Planning Ser- PEG Capital Expen- for a 1 -year term Motion carried 6-0. Complete Issuance: vices Laura Carstens diture Request: City through December 31, Motion by Connors for City Manager recom- cal presented the 2012 Manager recommend- 2013. Seconded by final consideration and mending approval of no Best Development ing approval of the Lynch. Motion carried 6 -0. passage of Ordinance ; the suggested proceed- Awards from the 1000 Cable TV Commission's Mississippi River No. 58 -12 Amending ings to `complete the ,i Friends of Iowa for the request for up to Partnership Council: Title 16 of the City of action required on the Historic Millwork Dis- $15,000 from the One 3 -year term Dubuque Code of recent Series 20121 i1 trict Complete Streets Public, Educational, through December 31, Ordinances, Unified bond issuance. Motion rk Project (New Civic and Government (PEG) 2015. Applicant: Ed- Development Code, by ` by Lynch to receive Project) and River- Capital Grant for ward Cawley, 598 providing for the and file the documents _`: works Development Access Equipment and Needham St. Motion by amendment of Ord- and adopt Resolution (Mixed Use Project). Facilities to purchase Lynch to appoint inance No. 2 -11 and No. 324 -12 Appointing CONSENT ITEMS production equipment, Edward Cawley to the approval of an Wells Fargo Bank, Motion by Lynch to including a camera, Mississippi River Part- Amended Campus ` National Association of receive and file the tripod, , lights, acces- nership Council for a 3- Development `Plan for Minneapolis, Minne- documents, adopt the sories, editing compu- ; year term through the University Of Dubu - sota, to serve as resolutions, and dis ter, and software for December 31, 2015. que to allow con paying agent, bond pose of as, indicated Sageyille School. ;Upon Seconded by Resnick. struction of an indoor registrar, and transfer with exception to item motion, the documents Motion carried 6 -0. practice facility on the agent, approving the #7. Seconded by Braig. were received, filed PUBLIC HEARINGS South Campus west of - paying agent and bond Attorney - Art Gilloon and approved. < Upon motion the rules University `Park Drive. registrar and transfer requested ( #7) Partial Workers' Compen- were suspended allow- Seconded by Resnick.` agent agreement and Release of Mortgage - sation Compromise ing anyone present to Motion carried 6 -0. authorizing the -execu - Davis be removed from Settlement Agree- address the City Upon motion the rules tion of the agreement; the agenda. Motion ments: City Attorney Council. were reinstated limit- and Resolution No. 325 carried 6 -0. recommending appro- Brunskill Road Bridge ing discussion to the 12 Authorizing and Minutes and Reports val of three Reconstruction Project: City Council. providing for the Submitted: City Coun- Compromise Settle- Proof of publication on ACTION ITEMS issuance of $7,285,000 cil proceedings of 11/5, ment Agreements notice of public Dubuque Main Street Taxable General <Obli- Civic Center Advisory regarding the Randall hearing to consider the NEA "Our Town" Grant gation ', Refunding Commission of 7/23, Koster Workers' plans, specifications, / ArtSpace Feasibility Bonds, Series 20121, Investment Oversight Compensation claims estimated cost, and Study Update: Dubu- and levying a tax to Advisory Commission that were filed against form of contract for the qua Main Street pay said bonds. of 10/24, Safe Com- the City of Dubuque. Brunskill Road Bridge Executive Director Dan Seconded by Braig. munity Advisory Corn- Upon' - motion the Reconstruction Project LoBianco provided a Motion carried 6 -0. mittee of 9/12, Zoning documents were and the City Manager report on the Nation Historic Preservation Advisory Commission received, filed and recommending appro- Endowment for the Commission Techni- of 11/7, Zoning Board approved. val. Motion by Lynch to Arts (NEA) Our Town cal Assistance ` Pro- of Adjustment of 10/25, Multi- Family Rental receive and file the Grant and ArtSpace gram: Historic 'Pre - Proof of Publication for Unit New Production - documents and adopt Feasibility Study. servation Commission City Council proceed- Round 5: City Manager Resolution No. 315 -12 Motion by Lynch to submitting guidelines ings of 10/15. Upon recommending appro- Approval of plans, receive and file the for the Historic motion the documents val for City Staff, along specifications, form of information. Seconded Preservation Technical were received and with ECIA, to work with contract, and •esti- by Resnick. Mr. Assistance Program to filed. area developers for mated cost for the LoBianco stated that help property owners Notice of Claims and submittal of CDBG Brunskill Road ridge the next steps include prepare preservation Suits: Lyle Christo- Multi - Family Rental Reconstruction Project, identifying the arts tax credit applications. pherson for vehicle Unit Production - Iowa DOT NO. BROS- groups mostly likely to Motion by Lynch to damage. Upon motion Round 5 applications, 2100 (659)-- 8J -31. Sec - be stakeholders and receive and file the the documents were and to narrow the field onded by Braig. Motion finding funding fora documents and ap- received, filed and to the most compe- carried 6 -0. feasibility study. Mo- prove the recommen- referred to the City titive applications. Hillcrest Family Ser- tion carried 6 -0. dation. Seconded by Attorney. Upon motion the docu- vices - Request to Code of Ordinances - Connors. Motion car - Preferred Health ments were received, Vacate Storm Sewer ADA Readily Achiev- Tied 6 -0. Choices - Administra- filed and approved. Easement: Proof of able Determinations Code of Ordinances - tive Services Amend- Improvement Con- publication on notice (Second Reading): City Tax Increment Financ- ment V: City Manager tgraaycmtser/it Performance, of public hearing to Manager recommend- ing (TIF) District, recommending appro payment and Mainte- consider a request by ing approval of an Greater Downtown Ur- val to increase the nance Bonds: Giese Hillcrest Family Ser- update to the City's ban Renewal District: Arr nee; hin +y Cnria to City NAananor rprnm- Notary Public in and for Dubuque County, Iowa. ■ MARY K. WE v fERi, EYER C CEpT : -;u1C N!:,ntrg 1546 ;35 �P „'a tive Manager Greg Bruce presented the City Council with a plaque of the Seal of Townsville, and Mayor Buol presented Ms. Hill and Mr. Bruce with a copy of Dr. Abdul Sinno's book Scenic Treasures of the Midwest. 1000 Friends of Iowa - 2012 Best Development Awards: Planning Ser- vices Laura Carstens presented the 2012 Best Development Awards from the 1000 Friends of Iowa for the Historic Millwork Dis- trict Complete Streets Project (New Civic Project) and River - works Development (Mixed Use Project). CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated with exception to item #7. Seconded by Braig. Attorney Art Gilloon requested ( #7) Partial Release of Mortgage - Davis be removed from the agenda. Motion carried 6 -0. Minutes and Reports Submitted: City Coun- cil proceedings of 11/5, Civic Center Advisory Commission of 7/23, Investment Oversight Advisory Commission of 10/24, Safe Com- munity Advisory Com- mittee of 9/12, Zoning Advisory Commission of 11/7, Zoning Board of Adjustment of 10/25, Proof of Publication for City Council proceed- ings of 10/15. Upon motion the documents were received and filed. Notice of Claims and Suits: Lyle Christo- pherson for vehicle damage. Upon motion the documents were received, filed and referred to the City Attorney. Preferred Health Choices - Administra- tive Services Amend- ment V: City Manager recommending appro- val to increase the monthly administrative services fee; to approve Amendment V of the Administrative Services Agreement with Health Choices to provide COBRA admin- istration, payment collection and distri- bution of the certificates of credible coverage services; and authorize the City Manager to sign the amendment. Upon motion the documents were received, filed and approved. Total Administrative Services Corporation (TASC) - Approval of Renewal Rates: City Manager recommend- ing approval of the administrative services fee of Total Adminis- trative Services Cor- poration (TASC), the City's flexible spending plan administrator, effective January 1, 2013, through Decem- ber 31, 2015. Upon motion the documents were received, filed and approved. 2012 Weed, Junk, and Garbage Assessments: City Manager is recommending the levy of special assessments for the Weed /Junk /Garbage Enforcement Programs for the period from March 2012 to October 30, 2012. Upon motion the documents were received and filed and Resolution No.310 -12 meet: City Manager recommending appro- val of a Utility Crossing Permit with the Canadian Pacific Railroad to allow for the construction of the Port of Dubuque Watermain Extension Project. Upon motion the documents were received, filed and approved. PEG Capital Expen- diture Request: City Manager recommend- ing approval of the Cable TV Commission's request for up to $15,000 from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities to purchase production equipment, including a camera, tripod, lights, acces- sories, editing compu- ter, and software for Sageville School. Upon motion the documents were received, filed and approved. Workers' Compen- sation Compromise Settlement Agree- ments: City Attorney recommending appro- val of three Compromise Settle- ment Agreements regarding the Randall Koster Workers' Compensation claims that were filed against the City of Dubuque. Upon motion the documents were received, filed and approved. Multi - Family Rental Unit New Production - Round 5: City Manager recommending appro- val for City Staff, along with ECIA, to work with area developers for submittal of CDBG Multi - Family Rental Unit Production - Round 5 applications, and to narrow the field to the most compe- titive applications. Upon motion the docu- ments were received, filed and approved. Improvement Con- tracts / Performance, Payment and Mainte- nance Bonds: Giese Manufacturing for the Historic White Water Creek Bridge Restor- ation Project Phase 5 - Fencing; Tschiggfrie Excavating, Inc. for the Port of Dubuque Watermain Extension Project. Upon motion the documents were received, filed and approved. Alcohol and Tobacco License Applications: City Manager recom- mending approval of annual liquor, beer, wine and tobacco licenses applications as submitted. Upon motion the documents were received and filed and Resolution No.313- 12 Approving applica- tions for beer, liquor, and /or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits; and Resolu- tion No. 314 -12 Approving applications for retail cigarette/ tobacco sales permits, as required by Iowa Code 453A.47A were adopted. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Connors to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct Seconded by Connors. Motion carried 6 -0, Mediacom Charitable Foundation: One 1 -year term through Decem- ber 31, 2013 (Expired terms of Chavenelle). Applicant: Gail Cha- venelle, 1155 Kelly Ln. Motion by Braig to appoint Gail Chave- nelle to the Mediacom Charitable Foundation for a 1 -year term through December 31, 2013. Seconded by Lynch. Motion carried 6 -0. Mississippi River Partnership Council: One 3 -year term through December 31, 2015. Applicant: Ed- ward Cawley, 598 Needham St. Motion by Lynch to appoint Edward Cawley to the Mississippi River Part- nership Council for a 3- year term through December 31, 2015. Seconded by Resnick. Motion carried 6 -0. PUBLIC HEARINGS Upon motion the rules were suspended allow- ing anyone present to address the City Council. Brunskill Road Bridge Reconstruction Project: Proof of publication on notice of public hearing to consider the plans, specifications, estimated cost, and form of contract for the Brunskill Road Bridge Reconstruction Project and the City Manager recommending appro- val. Motion by Lynch to receive and file the documents and adopt Resolution No. 315 -12 Approval of plans, specifications, form of contract, and esti- mated cost for the Brunskill Road ridge Reconstruction Project, Iowa DOT NO. BROS- 2100 (659)-- 81 -31. Sec- onded by Braig. Motion carried 6 -0. Hillcrest Family Ser- vices - Request to Vacate Storm Sewer Easement: Proof of publication on notice of public hearing to consider a request by Hillcrest Family Ser- vices to vacate a storm sewer easement on Lot 1 of Peterson Sub- division No. 2 and the City Manager recom- mending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 316 -12 Release of storm sewer easements over and across a portion of Lot 1 Peterson Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa; and Resolution No. 317 -12 Disposing of City interest in storm sewer easements on Lot 1 of Peterson Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa. Sec- onded by Braig. Motion carried 6 -0. Request to Rezone - 2995 Asbury Road: Proof of publication on notice of public hearing to consider a request from Louis and Irene Bassler to rezone property located at 2995 Asbury Road from R -1 Single - Family Resi- dential to OR Office Residential and the Zoning Advisory Com- mission recommending approval. Motion by Lynch to receive and file the documents and that the requirement that a proposed ordinance be consi- dered and voted on for passage at two Council meetings prior to the campus. Mr. Steiner provided a rebuttal to the concerns expres- sed and stated that the University does not solicit purchases of property. Mayor Buol stated that although he is an employee of the University of Dubuque, the City Attorney advises that there is no conflict of interest. Motion carried 6 -0. Motion by Connors for final consideration and passage of Ordinance No. 58 -12 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by providing for the amendment of Ord- inance No. 2 -11 and approval of an Amended Campus Development Plan for the University Of Dubu- que to allow con- struction of an indoor practice facility on the South Campus west of University Park Drive. Seconded by Resnick. Motion carried 6 -0. Upon motion the rules were reinstated limit- ing discussion to the City Council. ACTION ITEMS Dubuque Main Street - NEA "Our Town" Grant / Art Space Feasibility Study Update: Dubu- que Main Street Executive Director Dan LoBianco provided a report on the Nation Endowment for the Arts (NEA) Our Town Grant and ArtSpace Feasibility Study. Motion by Lynch to receive and file the information. Seconded by Resnick. Mr. LoBianco stated that the next steps include identifying the arts groups mostly likely to be stakeholders and finding funding for a feasibility study. Mo- tion carried 6 -0. Code of Ordinances - ADA Readily Achiev- able Determinations (Second Reading): City Manager recommend- ing 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 accommo- dations in the event that the barrier removal is not readily achievable. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be con- sidered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Sec- onded by Braig. Motion carried 6 -0. Motion by Connors for final consideration and passage of Ordinance No. 59 -12 Amending City of Dubuque Code of Ordinances Title 14 Building and Develop- ment, Chapter 1 Building Codes, Article I Accessibility Code for Readily Achievable Changes, Section 14 -11- 3 Removal of Archi- tectural Barriers if Readily Achievable by adding language to clarify that the deter- mination of Readily Achievable within the City of Dubuque will be made by the City Man- ager. Seconded by Braig. Motion carried 6 -0. General Obligation Bonds, Series 2012E - Complete Issuance: 12 Authorizing and providing for the Issuance of $2,385,000 General Obligation Urban Renewal Bonds, Series 2012H, and levying a tax to pay said bonds. Seconded by Resnick. Motion carried 6 -0. Taxable General Obligation Refunding Bonds, Series 20121 - Complete Issuance: City Manager recom- mending approval of the suggested proceed- ings to complete the action required on the recent Series 20121 bond issuance. Motion by Lynch to receive and file the documents and adopt Resolution No. 324 -12 Appointing Wells Fargo Bank, National Association of Minneapolis, Minne- sota, 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- tion of the agreement; and Resolution. No. 325- 12 Authorizing and providing for the issuance of $7,285,000 Taxable General Obli- gation Refunding Bonds, Series 20121, and levying a tax to pay said bonds. Seconded by Braig. Motion carried 6 -0. Historic Preservation Commission - Techni- cal Assistance Pro- gram: Historic Pre- servation Commission submitting guidelines for the Historic Preservation Technical Assistance Program to help property owners prepare preservation tax credit applications. Motion by Lynch to receive and file the documents and ap- prove the recommen- dation. Seconded by Connors. Motion car- ried 6 -0. Code of Ordinances - Tax Increment Financ- ing (TIE) District, Greater Downtown Ur- ban Renewal District: City Manager recom- mending approval of an ordinance amend- ing the Tax Increment Financing District for the Greater Downtown Urban Renewal District. Motion by Lynch to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Sec- onded by Braig. Motion carried 6 -0. Motion by Lynch for final consideration and passage of Ordinance No. 60 -12 Amending Ordinance Nos. 33 -11, Previously Amended, and 88 -02, Providing that General Property Taxes Levied and Collected Each Year on all Property Located Within the Greater Downtown Urban Renewal District of the City of Dubuque, County of Dubuque, State of Iowa, by and for the Benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School Dis- trict, and other Taxing Districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued )ug tck, aly on- �ey rity r of me )ns, 9nd in and lity the cal no on cil ;I, rk o before me, a Notary Public in and for Dubuque County, Iowa, day of 20 ,1 . Notary Public in and for Dubuque County, Iowa. i. AY K. WEsTi ;G,.: C 1111.1 z ic'1 Ni nt:-.)('