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5 21 12 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on May 21, 2012 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Jones, Lynch, Resnick, Sutton; Assis- tant City Manager Steinhauser, City Attorney Lindahl Absent: Connors Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on the Dubuque Regional Airport New Passenger Terminal Facility. WORK SESSION Dubuque Regional Airport New Passenger Terminal Facility City of Dubuque Airport Manager Bob Grierson and Marty Johnson of Straka John- son Architects provided a slide presentation on the proposed Regional Airport New Passenger Terminal Facility. City Council discussion included praise for the design of the new facility and the fore- sight for setting funds aside for the past years to pay for the facility. The funds will be collected as follows: $33.6 million from the Federal Aviation Administration, $5.2 million from airport fees and $1 million will come from the State of Iowa. There being no further business, upon motion the City Council adjourned at 6:02 p.m. /s /Trish L. Gleason Assistant City Clerk 1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on May 21, 2012 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut- ton; Assistant City Manager Steinhauser, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the Council. PLEDGE OF ALLEGIANCE MOMENT OF SILENCE PROCLAMATION(S) Mental Health Month (May 2012) was accepted by Jerry Jorgensen, Vice President of Mental Health America of Dubuque County. CONSENT ITEMS Motion by Jones to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Braig. Motion carried 7 -0. Minutes and Reports Submitted: City Council proceedings of 5/7 and 5/8, Civil Ser- vice Commission Minutes of 5/9, Housing Commission of 4/17, Human Rights Commis- sion of 4/9, Investment Oversight Advisory Commission of 4/25, Zoning Advisory Com- mission of 5/2. Upon motion the documents were received and filed. Notice of Claims and Suits: Leann Marie Arlen for personal injury, Candace Briggs for property damage, Brian and Tracy Gallagher for property damage. Upon motion the documents were received, filed and referred to City Attorney. Disposition of Claims: City Attorney advising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: Leann Marie Arlen for personal injury, Candace Briggs for property dam- age, Brian and Tracey Gallagher for property damage, David Jansen for property dam- age. Upon motion the documents were received, filed and concurred. State Historical Society of Iowa: Correspondence from the State Historical Society of Iowa informing the City that the Upper Central Avenue Commercial Historic District, 1460 -1965 Central Avenue, will be considered by the State National Register Nomina- tions Review Committee on June 8, 2012 at the Dubuque Masonic Temple. Upon mo- tion the document was received and filed. 2 Citizen Petition - Dogs in City Parks: Kate Lydon of FIDO Dubuque submitting a citi- zen petition to allow dogs in City Parks. Upon motion the document was received, filed and referred to the Park and Recreation Commission. Citizen Petition - Residential Parking Permit District: Karen Leubka, 1160 Marjorie Circle, submitting a citizen petition on behalf of the residents of Amy Court and Lucy Drive requesting an amendment to the residential parking permit district. Upon motion the document was received, filed and referred to City Manager. Dubuque County Historical Society - HRDP Grant application: City Manager recom- mending approval for the City Manager to sign the ownership form in support of the His- toric Resource Development Program grant application by the Dubuque County Histori- cal Society for $8,600 in grant funds for the interior restoration project at the Mathias Ham House. Upon motion the documents were received, filed and Resolution No. 125- 12 Authorizing HRDP Grant application to the State Historical Society of Iowa for the restoration project at Mathias Ham House historic site was adopted. RESOLUTION NO. 125 -12 AUTHORIZING HRDP GRANT APPLICATION TO THE STATE HISTORICAL SOCIE- TY OF IOWA FOR RESTORATION PROJECT AT MATHIAS HAM HOUSE HISTORIC SITE Whereas, the State Historical Society of Iowa has determined historic building resto- rations are eligible for Historic Resource Development Program (HRDP) funds; and Whereas, the City of Dubuque owns the Mathias Ham House Historic Site and has designated the property as a City Landmark Site; and Whereas, the City of Dubuque supports the restoration project proposed by the Dubuque County Historical Society. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager is authorized to sign the ownership form in support of the application by the County Historical Society to the State Historical Society of Iowa for HRDP Grant Funds for the restoration project at the Mathias Ham House Historic Site. Passed, approved and adopted this 21st day of May, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Brownfield /Grayfield Application for Caradco Landlord, LLC: City Manager recom- mending approval of a Brownfield /Grayfield Redevelopment Tax Credit Application to the Iowa Economic Development Authority (IEDA), on behalf of Caradco Landlord, LLC. Upon motion the documents were received, filed and Resolution No. 126 -12 Approving the Brownfield /Grayfield Redevelopment Tax Credit application to the Iowa Economic Development Authority on behalf of Caradco Landlord, LLC was adopted. RESOLUTION NO. 126 -12 APPROVING A BROWNFIELD /GRAYFIELD REDEVELOPMENT TAX CREDIT AP- PLICATION TO THE IOWA ECONOMIC DEVELOPMENT AUTHORITY, ON BEHALF OF CARADCO LANDLORD, LLC Whereas, the State of Iowa has established a Brownfield /Grayfield Tax Credit Pro- 3 gram to assist in the redevelopment of Iowa brownfields and grayfields; and Whereas, the former Carr, Adams, and Ryder Company building is considered a grayfield site; and Whereas, the Caradco building project will provide much needed residential devel- opment to the downtown area; and Whereas, the City Council finds that the proposed application is acceptable and nec- essary to the growth and development of the city. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque agrees to sponsor the Brownfield /Grayfield Redevel- opment Tax Credit Application on behalf of Caradco Landlord, LLC. Section 2. That the Mayor is hereby authorized and directed to execute this Resolu- tion on behalf of the City of Dubuque and forward the executed copy to the Iowa Eco- nomic Development Authority. Passed, approved and adopted this 21st day of May, 2012. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk Delinquent Water, Sewer, Refuse and Stormwater Accounts: City Manager recom- mending approval to certify delinquent water, sewer, storm water and refuse charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. Upon motion the documents were received, filed and Resolution No.127- 12 Adopting the Schedule of Assessments for delinquent water, sewer, refuse and stormwater accounts and directing the City Clerk to certify the Schedule of Assess- ments to the County Treasurer and to publish notice thereof was adopted. RESOLUTION NO. 127 -12 ADOPTING THE SCHEDULE OF ASSESSMENTS FOR DELINQUENT WATER, SEWER, REFUSE AND STORMWATER ACCOUNTS AND DIRECTING THE CITY CLERK TO CERTIFY THE SCHEDULE OF ASSESSMENTS TO THE COUNTY TREASURER AND TO PUBLISH NOTICE THEREOF NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the Schedule of Assessments attached hereto for de- linquent water, sewer, refuse, and stormwater accounts which Schedule of Assess- ments was filed in the office of the City Clerk on the 15th day of May, 2012, the said Schedule of Assessments be and the same is hereby approved and adopted. That there be, and is herby assessed and levied as a lien upon the real property, the respective sums indicated. That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the final schedule. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Iowa Code § 384.60. The assessments may be paid in full or in part at the Utility Billing Office, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after the date of the first pub- lication of the notice of the filing of the Schedule of Assessments with the County 4 Treasurer. After 30 days, unpaid assessments are payable at the County Treasurer's Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and charges shall be collected in the same manner as general property taxes against the respective parcels of the property set opposite the name of the property owner. Passed, approved and adopted this 21st day of May, 2012. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk Schedule of Assessments Delinquent Water, Sewer, Refuse And Stormwater Accounts Customer Name Aaron J Lincoln Allan R Brimeyer Amber M Fleege Anna M Riniker Anthony D Burke Antonio G Conley Auto & Truck Parts Inc. Bayview Investments LLC Bill J Finn Bill J Finn Brett H Rettenmeier BRP Properties LLC BRP Properties LLC BRP Properties LLC BRP Properties LLC Bruce A Krolick Bryan R Glanz Charles W Wehrspann Chris C Clark Chris F Curfman Chris J Feldman Christopher J Mayne CK Concrete Construction LLC Colon J Bobbitt Corey D Lansing Cory L Data Crystal Rasheed Curtis J Prado D W Geiger Dale B Walker Dale Kleinschrodt Dallas M Kalmes Dan Bastian Daniel J Siefker Daniel J Siefker Darla Fortmann Dean W Miller Service Address 704 Caledonia St 327 Klingenberg Ter 3056 White St 2528 Jackson St 1281 W 5th St 1104 Riverview St 3000 Jackson St 30 W 28th St 1860 Heeb St 2010 Shelby St 1809 Lori St 1118 White St Apt 1 1118 White St Apt 2 754 W 5th St 675 Jefferson St 2327 White St 2995 Hillcrest Rd 3870 Creston St 2411 Rhomberg Ave 82 Alpine St 1675 Amy Ct 1001 Garfield Ave 7869 Commerce Park 501 Obeche Ct 2243 Central Ave 719 Rose St 2419 Jackson St 2230 Francis St Apt 2 2600 Central Ave 830 Valentine Dr 421 Kaufmann Ave 1038 Bluff St 610 Kurt Ct 1838 Central Ave 1838 Central Ave 899 Edison St. 604 Rhomberg Ave 5 Total Balance $44.67 $111.47 $42.03 $114.09 75.26 31.94 270.62 45.78 41.98 100.96 399.49 26.91 43.12 214.06 425.57 41.97 38.90 57.29 37.22 26.73 88.07 115.85 133.08 137.47 548.48 301.36 84.53 104.94 512.11 31.57 139.51 361.94 123.63 195.82 440.80 218.60 69.49 Debbie L Feldman Deutsche Bank National Trust Don D Heim Dubuque Property Investments Dubuque Property Management Ed F Davis Fred J Husemann III Gary Bernhard Gary Bernhard Gary E & Susan M Bay Gary E & Susan M Bay Gary Hansen H & R Properties Henkel & Co Henkel & Company Inc. High Performance LLC High Performance Properties LLC J Foht Jacqueline C Woodward Jamie J Miller Janet M Miller Janice J Thielen Janice Weis Jason Specht Jay C Close Jayme J Mescher Jeffrey J Welter Jeffrey T Smith Jeremy D Shireman Jerod F & Sarah A Bennett Jesse Rans Jody & Jason P Mccarty John R Barbee Julie Leclere Kathryn A Schrauth Kenneth A Ginter Key City Land Investments LLC Key City Properties LLC Key City Properties LLC Kingdom Investment LLC Kingdom Investment LLC Kingdom Investment LLC Kingdom Investment LLC Kristi M Eppler Larry & Cheryl Conley Larry Oglesby Laura A / Toby C Benson Lonnie L Allen Main Street Development Co. 739 W 8th St 475 Valeria St 596 University Ave 554W 8th St 1554 Locust St Apt 1 971 Bluff St 2926 Washington St 1110 Roosevelt St 1100 Roosevelt St 1805 Jackson St 1815 Jackson St 2060 Ellen St 1586 Washington St 1810 Central Ave 1804 Central Ave Apt 1 1592 Iowa St 561 Loras Blvd 723 Peru Rd 2509 Roosevelt St Stables 2450 Merfeld Ln 2175 Roosevelt St 703 E 22nd St 400 E 22nd St 524 Rhomberg Ave 689 W Locust St 2577 Glenview Cr 695 Kane St 1265 Thomas PI 2225 St Celia St 750 Kelly Ln 2008 Foye St 2170 Deborah Dr 3085 Oak View Ct 2489 Hempstead St 410 Kaufmann Ave 2662 Ogle St 3270 Dodge St 3125 Cedar Crest Rdg 3131 Cedar Crest Rdg 993 W 3rd St 308 Hill St Apt 2 308 Hill St Apt 1 500 Hill St 2305 Queen St 2512 Broadway St 712 Hill St Apt 1 1625 N Algona St 2565 Front St 100 Main St 6 62.37 249.92 110.21 652.97 50.65 102.34 42.40 45.96 114.05 153.29 154.03 178.39 90.79 205.00 20.07 551.06 245.85 114.05 357.25 135.53 81.71 228.49 42.86 238.69 156.55 251.59 45.60 80.76 141.76 102.69 91.02 116.77 246.79 249.37 68.70 96.07 681.73 176.34 215.17 528.25 103.75 225.61 100.06 24.82 228.62 89.42 139.67 93.75 294.64 Martin K Winders Mary B Mellor Michael D Dohanich Michael Dennison Michael J Schetgen Michael Kane Michael Lloyd Michael P Kane Michelle Scott Natalie A Bonar Nina K Nelson Pat F Naderman Pat Naderman Patrick Duggan Patrick Niemer & Joseph Ryan Patrick R Marsh Perry D Sopina Perry Sopina Philip F Schromen Quattro C Properties LLC Quattro C Properties LLC Randy E & Pamela J Davis Rebecca A Stover Rebecca S Brandenburg Richard D Ames Ricky J Hurst Robert J Sarazin Roger & Regina Blackbourn Ronald L Houselog Ronda S Carpenter Rozi M Mayne Ruth M Montgomery Sara J Hines Scott M Bries Secretary Of Housing & Urban Secretary Of Housing & Urban Secretary Of Housing & Urban Secretary Of Housing & Urban Sherrie L Jones St Thomas LLC Theresa M Sawvell Thomas & Martha Blake Thomas & Martha Blake Thomas & Martha Blake Thomas J & Martha J Blake Thomas J & Martha J Blake Thomas J & Martha J Blake Thomas J & Martha J Blake Thomas J & Martha J Blake 2370 Green St 3110 Sheridan Rd 2283 White St 595 Angella St 3922 Inwood Ave 2222 Washington St 2046 Morningview Rd 2220 Washington St 607 W 8th St 305 Clarke Dr 520 Lincoln Ave 2124 Jackson St 2126 Jackson St 1540 Central Ave Business 919W 5th St 158 Bluff St 116 W 13th St 116 W 13th St 713 Peru Rd 2676 Raven Oaks Dr 2670 Raven Oaks Dr 840 Roosevelt St 2875 Argyle St 1404 Lincoln Ave 2337 Cherry St 3975 Inwood Ave 2626 Broadway St 1967 Rockdale Rd 716 E 22nd St 2655 Beverly Ave 1623 Washington St 928 Garfield Ave 2169 Elm St 735 Kirkwood St 2nd 2224 Francis St Apt 1 2224 Francis St Apt 2 2222 Francis St 904 Rhomberg Ave 2790 Andrew Ct 1261 Thomas PI 5300 Old Highway Rd 2414 Windsor Ave Apt 1 2414 Windsor Ave Apt 2 809 W 8th St 2301 White St Apt 2 809W 8th St #2 2214 Jackson St # 2 357 Kaufmann Ave Apt 2 2301 White St Apt 1 7 381.20 113.27 64.56 255.08 102.80 105.38 75.59 427.95 45.36 56.27 169.92 253.08 352.58 70.24 901.50 90.66 28.14 147.49 98.26 135.21 49.39 62.92 84.41 344.71 32.63 114.05 66.93 153.56 100.75 185.86 66.18 110.69 87.02 89.65 32.71 32.71 32.75 204.07 187.63 327.23 70.99 106.67 71.94 69.99 67.50 100.42 147.78 173.93 201.51 Thomas J Wernimont Timothy K Manning Tina M Pluemer Todd J Koeller Tom J Ede Toni Hook Travis Nelson Tri -State Property Management Vicki L Rako Vikki L Vondran Walter Mclaughlin Walter P Donath 1328 Jackson St 1552 Locust St 890 Pleasant St 3180 Shiras Ave 3951 Inwood Ave 480 Klingenberg Ter 1523 Adair St 545 Pickett St 1017 Bluff St 2490 Green St 689 W 8th St 1683 Garfield Ave 133.30 102.69 32.03 93.55 114.05 603.04 176.39 277.61 134.39 91.04 96.45 186.98 Enterprise Zone Commission - At -Large Appointments: City Manager recommending City Council confirmation of Dan LoBianco, Doug Stillings and Rick Stein for the three at -large positions to serve on the Enterprise Zone Commission. Upon motion the docu- ments were received, filed, and approved. Federal Emergency Management Agency (FEMA) - Flood Insurance Rate Map and Study: Correspondence from the Federal Emergency Management Agency (FEMA) transmitting preliminary copies of the Flood Insurance Rate Map (FIRM) and Flood In- surance Study (FIS) report for Dubuque County and incorporated areas for review and comment. Upon motion the documents were received, filed and referred to City Manag- e r. Federal Emergency Management Agency (FEMA) - Buyout Properties Lien holder Search Agreement: City Manager recommending approval of the City of Dubuque's lien holder search agreement with Clemens, Walters, Conlon & Meyer for the FEMA Buyout Program's Section 403 Immediate Threat Demolition program. Upon motion the docu- ments were received, filed, and approved. Health Choices Administrative Services: City Manager recommending approval of the administrative services fee presented by Health Choices of $20.10 per contract per month effective July 2, 2012 through June 30, 2014. Upon motion the documents were received, filed, and approved. Plat of Survey - Dubuque Industrial Center West Addition: Zoning Advisory Commis- sion recommending approval of the Plat of Survey for Lots 1 and 2 of Dubuque Industri- al Center West Addition subject to waiving lot frontage for Lot 2. Upon motion the doc- uments were received, filed and Resolution No.128 -12 Approving the Plat of Survey Lot 1 and Lot 2, Dubuque Industrial Center West 9th Addition in City of Dubuque, Iowa was adopted. RESOLUTION NO. 128 -12 APPROVING THE PLAT OF SURVEY LOT 1 AND LOT 2, DUBUQUE INDUSTRIAL CENTER WEST 9TH ADDITION IN CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Plat of Survey Lot 1 and Lot 2, Dubuque Industrial Center West 9th Addition in the city of Dubuque, Iowa ; and Whereas, said Plat of Survey provides 0 feet of frontage for Lot 2 on a public or ap- proved private street, where 100 feet of street frontage is required by Section 11 -14 of 8 Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code; and Whereas, said Plat of Survey has been examined by the Zoning Advisory Commis- sion and had its approval endorsed thereon; and Whereas, said Plat of Survey has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 11 -14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is waived to allow 0 feet of frontage on a public street or an approved private street for Lot 2. Section 2. That the Plat of Survey Lot 1 and Lot 2, Dubuque Industrial Center West 9th Addition is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Plat of Survey. Passed, approved and adopted this 21st day of May, 2012. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk Plat of Survey - Bee Branch Subdivision No. 7: Zoning Advisory Commission recom- mending approval of the Plat of Survey of Lots 1 and 2 of Bee Branch Subdivision No. 7 subject to waiving the lot area requirement for Lot 2. Upon motion the documents were received, filed and Resolution No.129 -12 Approving the Plat of Survey of Lot 1 and 2 of Bee Branch Subdivision No 7 in City of Dubuque, Iowa was adopted. RESOLUTION NO. 129 -12 APPROVING THE PLAT OF SURVEY OF LOT 1 AND 2 OF BEE BRANCH SUBDIVI- SION NO. 7 IN CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Plat of Survey of Lot 1 and 2 of Bee Branch Subdivision No. 7 in the city of Dubuque, Iowa; and Whereas, said Plat of Survey provides 2,439 square feet of lot area for Lot 2, where 2,500 square feet is required by Section 11 -14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code; and Whereas, said Plat of Survey has been examined by the Zoning Advisory Commis- sion and had its approval endorsed thereon; and Whereas, said Plat of Survey has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 11 -14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is waived to allow 2,439 square feet of lot area for Lot 2. Section 2. That the Plat of Survey of Lot 1 and 2 of Bee Branch Subdivision No. 7 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Plat of Survey. Passed, approved and adopted this 21st day of May, 2012. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk Plat of Survey - Bee Branch Subdivision No. 8: Zoning Advisory Commission recom- mending approval of the Plat of Survey of Lots 1 and 2 of Bee Branch Subdivision No. 8 9 subject to waiving lot frontage and lot area for Lot 2. Upon motion the documents were received, filed and Resolution No.130 -12 Approving the Plat of Survey of Lot 1 and 2 of Bee Branch Subdivision No. 8 in City of Dubuque, Iowa was adopted. RESOLUTION NO. 130 -12 APPROVING THE PLAT OF SURVEY OF LOT 1 AND 2 OF BEE BRANCH SUBDIVI- SION NO. 8 IN CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Plat of Survey of Lot 1 and 2 of Bee Branch Subdivision No. 8 in the city of Dubuque, Iowa ; and Whereas, said Plat of Survey provides 0 feet of frontage for Lot 2 on a public or ap- proved private street and 676 square feet of lot area, where 25 feet of street frontage and 2,500 square feet of lot area are required by Section 11 -14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code; and Whereas, said Plat of Survey has been examined by the Zoning Advisory Commis- sion and had its approval endorsed thereon; and Whereas, said Plat of Survey has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 11 -14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is waived to allow 0 feet of frontage on a public street or an approved private street and 676 square feet of lot area for Lot 2. Section 2. That the Plat of Survey of Lot 1 and 2 of Bee Branch Subdivision No. 8 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Plat of Survey. Passed, approved and adopted this 21st day of May, 2012. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk Signed Contracts: Celebration Belle River Boat Docking Agreement. Upon motion the documents were received and filed. Alcohol Compliance Civil Penalty for Alcohol License Holders - Chopper's Bar: City Manager recommending approval of the Acknowledgment /Settlement Agreement for an alcohol compliance violation for Chopper's Bar, 601 Rhomberg Avenue. Upon motion the documents were received, filed, and approved. Alcohol Compliance Civil Penalty for Alcohol License Holders - Salsa's Mexican Res- taurant: City Manager recommending approval of the Acknowledgment /Settlement Agreement for an alcohol compliance violation for Salsa's Mexican Restaurant, 1091 Main Street. Upon motion the documents were received, filed, and approved. Alcohol License Applications: City Manager recommending approval of annual liquor, beer, and wine licenses as submitted. Upon motion the documents were received, filed and Resolution No. 131 -12 Approving applications for beer, liquor, and /or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regu- lations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits were adopted. 10 RESOLUTION NO. 131 -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 LIQ- UOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City Council for approval and the same have been examined and ap- proved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the following named applicants and permit types. Cedar Cross Amoco 1200 Cedar Cross Rd. Days Inn & Spirits Bar & Grill 1111 Dodge St. Diamond Jo Casino 301 Bell St. Easy Street 30 Main St. Hartig Drug Company #2 Hy -Vee Wine & Spirits "A" Keywest Conoco Mc Cann's Service, Inc. Pioneers Rest Stop Shot Tower Inn Walgreens #06154 Walgreens #09708 Walgreens #11942 Kalmes Breaktime Bar and Grill SPECIAL EVENTS Clarke University 157 Locust St. 3500 Dodge St. "A" 2150 Twin Valley Dr. 690 W Locust 4900 Old Highway Rd 390 Locust St. 2260 J F K Rd. 55 JFK Rd. 345 E 20th St. 1097 Jackson St. 1550 Clarke Dr. 11 Class C Beer (Sunday) Class B Liquor (Ho- tel /Motel) (Outdoor) (Sun- day) Class C Liquor, Class B Wine(Outdoor & Carryout Wine)(Sunday) Class C Liquor (Outdoor Service) (Sunday) Class E Liquor, Class B Wine, Class C Beer (Car- ryout )(Sunday) Class E Liquor, Class B Wine, Class C Beer (Car- ryout )(Sunday) Class C Beer, Class B Na- tive Wine (Sunday) Class C Beer (Sunday) Class C Beer (Sunday) Class C Liquor (Sunday) Class E Liquor, Class B Wine, Class C Beer (Car- ryout )(Sunday) Class E Liquor, Class B Wine, Class C Beer (Car- ryout )(Sunday) Class E Liquor, Class B Wine, Class C Beer (Car- ryout )(Sunday) Class C Liquor (Sunday) Class C Liquor (Outdoor Service) Kick Off To Summer Town Clock Plaza Class B Beer (Includes Wine Coolers)(Outdoor ) Passed, approved and adopted this 21st day of May, 2012. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 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 the City Clerk to publish notice as prescribed by law. Seconded by Resnick. Motion carried 7 -0. Loras Parkway: City Manager recommending that a public hearing be set for June 4, 2012 to consider the plans and specifications, form of contract, and estimated cost of the Loras Parkway Project. Upon motion the documents were received, filed and Reso- lution No. 132 -12 Preliminary approval of plans, specifications, form of contract, and es- timated cost; setting date of public hearing for June 4, 2012 on plans, specifications, form of contract, and estimated cost (Loras Parkway Project, Iowa DOT Project No. TCSP -PA27 (003) - - 9S -31) was adopted. RESOLUTION NO. 132 -12 LORAS PARKWAY PROJECT IOWA DOT PROJECT NO. TCSP- PA27(003)- -9S -31 PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC- IFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Loras Parkway Project, in the estimated amount $651,484.86, are hereby preliminarily ap- proved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 4th day of June, 2012, at 6:30 p.m. in the Historic Federal Building Council Chambers at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and es- timated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. Passed, adopted and approved this 21st day of May, 2012. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk BOARDS /COMMISSIONS Applicant Andrea Helgager, 40 Main Street was invited to address the City Council regarding her desire to serve on the following Commission; Human Rights Commission: one 3 -year term through January 1, 2013 (Vacant term of Ronek). She was not present. 12 Appointments made at this meeting: Electrical Code Board: Two 3 -year terms through May 21, 2015 (Expiring terms of Schmidt and Uhlirch) Applicants: Robert Schmidt, 2184 Orchard Drive and Paul Uhlrich, 489 Olympic Heights Road. Motion by Braig to reappoint Robert Schmidt and Paul Uhlrich to the Electrical Code Board for two 3 -year terms through May 21, 2015. Se- conded by Connors. Motion carried 7 -0. Historic Preservation Commission: 1 three -year term through July 1, 2012 (Vacant at- large term of Knight) Applicant: Otto Krueger, 2521 Wheatland Drive. Motion by Con- nors to appoint Otto Krueger to the Historic Preservation Commission for 1 three -year term through July 1, 2012. Seconded by Resnick. Motion carried 7 -0. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to address the City Council. Request to Rezone - 3399 Eagle Point Drive from R -1 Single Family Residential Dis- trict to AG Agricultural District as requested by Robert and Leann McDonald and the Zoning Advisory Commission recommending approval. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be consid- ered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Motion carried 7 -0. Motion by Connors for final consideration and passage of Ordinance No. 33 -12 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 3399 Eagle Point Drive from R -1 Single - Family Residential District to AG Agricultural District. Seconded by Jones. Motion carried 7 -0. OFFICIAL PUBLICATION ORDINANCE NO. 33 -12 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 3399 EAGLE POINT DRIVE FROM R -1 SINGLE - FAMILY RESIDENTIAL DISTRICT TO AG AGRICULTURAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Develop- ment Code, is hereby amended by reclassifying the hereinafter described property from R -1 Single - Family Residential District to AG Agricultural District, to wit: Lot 2 of 1 of 1 of 1 of 6 Fountain Hill Resubdivision, and to the centerline of the adjoining public right -of -way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect upon publications, as provided by law. Passed, approved and adopted this 21st day of May, 2012. /s /Roy D. Buol, Mayor Attest: /s/Trish L. Gleason, Assistant City Clerk 13 Published officially in the Telegraph Herald newspaper on the 25th day of May, 2012. /s/Trish L. Gleason, Assistant City Clerk Request to Rezone - 890 Cedar Cross Road from CS Service & Wholesale District to C -3 General Commercial District as requested by Catherine George and the Zoning Ad- visory Commission recommending approval. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and vot- ed on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Motion carried 7 -0. Motion by Connors for final consideration and passage of Ordinance No. 34 -12 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 890 Cedar Cross Road from CS Commercial Service and Wholesale District to C -3 General Commercial District Seconded by Jones. Motion carried 7 -0. OFFICIAL PUBLICATION ORDINANCE NO. 34 -12 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 890 CEDAR CROSS ROAD FROM CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT TO C -3 GENERAL COMMERCIAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Develop- ment Code, is hereby amended by reclassifying the hereinafter described property from CS Commercial Service and Wholesale District to C -3 General Commercial District, to wit: Lot 2 of 1 of 3 Hansel's Addition and Lot 1, Block 1 Cedar Cross Industrial Park, and to the centerline of the adjoining public right -of -way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect upon publications, as provided by law. Passed, approved and adopted this 21st day of May, 2012. /s /Roy D. Buol, Mayor Attest: /s/Trish L. Gleason, Assistant City Clerk Published officially in the Telegraph Herald newspaper on the 25th day of May, 2012. /s/Trish L. Gleason, Assistant City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Advertisement of Bond Sale - Series 2012C and 2012D: City Manager recommend- ing approval of the advertisement for the sale of Taxable General Obligation Bonds Se- ries 2012C and General Obligation Bonds Series 2012D and approval of the electronic bidding procedures. Motion by Jones to receive and file the documents and adopt Reso- lution No. 133 -12 Directing the advertisement for sale of $6,965,000 Taxable General Obligation Bonds, Series 2012C and $7,595,000 General Obligation Bonds, Series 2012D, approving electronic bidding procedures, and authorizing distribution of a Pre- liminary Official Statement. Seconded by Braig. Motion carried 7 -0. 14 RESOLUTION NO. 133 -12 RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF $6,965,000 TAX- ABLE GENERAL OBLIGATION BONDS, SERIES 2012C AND $7,595,000 GENERAL OBLIGATION BONDS, SERIES 2012D, APPROVING ELECTRONIC BIDDING PRO- CEDURES, AND AUTHORIZING DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT Whereas, the City of Dubuque, Iowa (the "City ") is in need of funds to pay costs of reconstruction, extension and improvement of the Dubuque Regional Airport; E911 Tower relocation; equipping the municipal fire department; rehabilitation and improve- ment of existing City parks; FEMA land buyouts for the acquisition and demolition of abandoned, dilapidated or dangerous buildings, structures or properties, and the reme- diation of property and buildings damaged by a disaster under Iowa Code Section 29C.2 which are located in an area declared a disaster emergency by the President of the United States; acquisition, construction, extension and improvement of works and facilities useful for the collection, treatment and disposal of sewage and industrial waste and for the collection and disposal of surface water and streams; acquisition, construc- tion, improvement, repair and equipping of the municipal water utility and real and per- sonal property useful for providing potable water, essential corporate purpose projects, and it is deemed necessary and advisable that the City issue general obligation bonds for said purpose in the amount of not to exceed $8,650,000 as authorized by Section 384.25 of the Code of Iowa; and Whereas, pursuant to notice published as required by Section 384.25 this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of the above described Bonds, and all objections, if any, to such Council ac- tion made by any resident or property owner of said City were received and considered by the Council; and it is the decision of the Council that additional action be taken for the issuance of said Bonds, and that such action is considered to be in the best inter- ests of said City and the residents thereof; and Whereas, the City also is in need of funds to pay costs of aiding in the planning, un- dertaking and carrying out of urban renewal project activities under Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plans for the Dubuque Industrial Center West Economic Development District and the Greater Downtown Ur- ban Renewal District, including those costs associated with grading, road construction, bridge, utilities extensions and development of a recreation area on the South Siegert Farm area of DICW and the funding of development incentives in the Washington Neighborhood Subarea of the Greater Downtown Urban Renewal District, and it is deemed necessary and advisable that the City issue general obligation urban renewal bonds for said purpose to the amount of not to exceed $5,575,000 as authorized by Sections 403.12 and 384.24(3)(q) of the Code of Iowa; and Whereas, pursuant to notice published as required by Sections 403.12 and 384.24(3)(q) this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of the above described Bonds, and no petitions were filed calling for an election thereon and all objections, if any, to such Council action made by any resident or property owner of said City were received and considered by the Council; and it is the decision of the Council that additional action be taken for the issuance of said Bonds, and that such action is considered to be in the best interests of said City and the residents thereof; and Whereas, the City also is in need of funds to pay costs of the reconstruction, repair and improvement of Fire Station #4, the Civic Center and the Grand River Conference 15 Center, general corporate purpose project, and it is deemed necessary and advisable that the City issue general obligation bonds for said purposes to the amount of not to exceed $700,000 as authorized by Section 384.26 of the Code of Iowa; and Whereas, pursuant to notice published as required by Section 384.26 this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of the above described Bonds, and no petitions were filed calling for an elec- tion thereon and all objections, if any, to such Council action made by any resident or property owner of said City were received and considered by the Council; and it is the decision of the Council that additional action be taken for the issuance of said Bonds, and that such action is considered to be in the best interests of said City and the resi- dents thereof; and Whereas, the City also is in need of funds to pay costs of the acquisition and installa- tion of security cameras in the Locust Ramp, and Library repairs and improvements, general corporate purpose project, and it is deemed necessary and advisable that the City issue general obligation bonds for said purposes to the amount of not to exceed $475,000 as authorized by Section 384.26 of the Code of Iowa; and Whereas, pursuant to notice published as required by Section 384.26 this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of the above described Bonds, and no petitions were filed calling for an elec- tion thereon and all objections, if any, to such Council action made by any resident or property owner of said City were received and considered by the Council; and it is the decision of the Council that additional action be taken for the issuance of said Bonds, and that such action is considered to be in the best interests of said City and the resi- dents thereof; and Whereas, the City also is in need of funds to pay costs of City Hall repairs and im- provements, including brick tuck - pointing, general corporate purpose project, and it is deemed necessary and advisable that the City issue general obligation bonds for said purposes to the amount of not to exceed $600,000 as authorized by Section 384.26 of the Code of Iowa; and Whereas, pursuant to notice published as required by Section 384.26 this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of the above described Bonds, and no petitions were filed calling for an elec- tion thereon and all objections, if any, to such Council action made by any resident or property owner of said City were received and considered by the Council; and it is the decision of the Council that additional action be taken for the issuance of said Bonds, and that such action is considered to be in the best interests of said City and the resi- dents thereof; and Whereas, pursuant to Section 384.28 of the Code of Iowa, it is appropriate to offer the foregoing Bonds for sale in two separate series, in the aggregate principal amounts as hereinafter described; and Whereas, a preliminary form of Official Statement has been prepared for the purpose of offering the Bonds for sale to the public; and Whereas, it is appropriate that the form of the preliminary Official Statement be ap- proved and deemed final and, upon completion of the same, that the preliminary Official Statement be used in connection with the offering of the Bonds for sale to the public; and Whereas, the Council has received information from its financial advisor recommend- ing that sealed and electronic facsimile and internet bidding be authorized for the sale of the Bonds, and that such procedures will maintain the integrity and security of the com- 16 petitive bidding process and facilitate the delivery of bids by interested parties; and Whereas, the Council deems it in the best interests of the City and the residents thereof to receive bids to purchase such Bonds by means of sealed and electronic fac- simile and Internet communication. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the receipt of electronic bids for the Bonds hereinafter described by facsimile machine and through the PARITY competitive bidding system described in the Notice of Bond Sale described herein are hereby found and determined to provide rea- sonable security and to maintain the integrity of the competitive bidding process, and to facilitate the delivery of bids by interested parties in connection with the offering of the Bonds hereinafter described at public sale. Section 2. That the preliminary Official Statement in the form presented to this meet- ing be and the same hereby is approved as to form and deemed final for purposes of Rule 15c2 -12 of the Securities and Exchange Commission, subject to such revisions, corrections or modifications as the Finance Director, upon the advice of bond counsel and the City's financial advisor, shall determine to be appropriate, and is authorized to be distributed thereafter in connection with the offering of the Bonds for sale. Section 3. That the City Clerk be and is hereby authorized and directed to publish no- tice of sale of said Bonds at least once, the last one of which shall be not less than four clear days nor more than twenty days before the date of the sale. Publication shall be made in the Telegraph Herald, a legal newspaper, printed wholly in the English lan- guage, published within the county in which the Bonds are to be offered for sale or an adjacent county. Said notice is given pursuant to Chapter 75 of the Code of Iowa, and shall state that this Council, on the 4th day of June, 2012, at 6:30 o'clock P.M., will hold a meeting to receive and act upon bids for said Bonds; said notice to be in substantially the [provided] form: Passed and approved this 21st day of May, 2012. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk COUNCIL MEMBER REPORTS Council member Sutton reported that she will be speaking on May 24th at the Hope House. There being no further business, upon motion the City Council adjourned at 6:54 p.m. /s /Trish L. Gleason Assistant City Clerk 17