Loading...
6 4 12 City Council Proceedings Official_RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on June 4, 2012 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut- ton; City Manager Van Milligen, 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) Apples for Students Months (June /July 2012) was accepted by Karen Bryant, Events Coordinator for St. Mark Community Center, 1201 Locust Street. LGBT Pride Month (June 2012) was accepted by Jessi Perry on behalf of Dubuque 365, Dubuque Friends Worship Group, Midwest Equality Coalition, PFLAG— Dubuque Chapter, Rainbow Pride, the Riverview Center, Soul Harbor Ministries, and the Unitari- an Universalist Fellowship of Dubuque. CONSENT ITEMS Motion by Connors to receive and file the documents, adopt the resolutions, and dis- pose of as indicated with exception to ( #11) Dubuque Industrial Center South – Grading & Utilities Bid Rejection, which was held for separate discussion by John Moyna; and ( #14) Gavilon Grain, LLC Salt Handling Contract, which was removed from the agenda.. Seconded by Lynch. Motion carried 7 -0. Minutes and Reports Submitted: City Council proceedings of 5/21, Historic Preserva- tion Commission of 5/17, Safe Community Task Force of 3/14; Proofs of publication for City Council proceedings of 5/7 and 5/8. Upon motion the documents were received and filed. Grand Opera House: Correspondence from Paul Hemmer, Executive Director of the Grand Opera House, thanking the Arts and Cultural Affairs Advisory Commission for special project and operational support grant funding. Upon motion the document was received and filed. Arts and Cultural Affairs Advisory Commission: Communication from Commissioner Geri Shafer regarding her decision not to re -apply to the Arts and Cultural Affairs Advi- sory Commission. Upon motion the document was received and filed. 1 TS Business Group, LLC - Grant of Easement for Floodwall Improvements: City Manager recommending acceptance of the Grant of Easement from TS Business Group for Floodwall Improvements behind 1701 Pennsylvania Avenue. Upon motion the doc- uments were received and filed and Resolution No.134 -12 Accepting the Grant of Easement for floodwall improvements over and across part of Lot 2 of Lot 2 of the Southeast 1/4 of the Southeast 1/4 of Section 21, T89N, R2E 5th P.M. in the City of Dubu- que, Dubuque County, Iowa, was adopted. RESOLUTION NO. 134 -12 ACCEPTING THE GRANT OF EASEMENT FOR FLOODWALL IMPROVEMENTS OVER AND ACROSS PART OF LOT 2 OF LOT 2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 21, T89N, R2E 5TH P.M. IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, TS Business Group, LLC, has executed a Grant of Easement for Floodwall Improvements over and across Lot 1 of the South 150 feet of the East 300 feet of the West 430 feet of Lot 2 of Lot 2 of the Southeast 1/4 of the Southeast 1/4 of Section 21, Township 89 North, Range 2 East of the 5th P.M. in the City of Dubuque, Dubuque County, Iowa, according to the recorded plat thereof, also described as Lot 1 of the North 150 feet of the South 183 feet of the East 300 feet of the West 430 feet of Lot 2 of Lot 2 of the SE 1/4 of the SE 1/4 of Section 21, Township 89 North, Range 2 East of the 5th P.M. in the City of Dubuque, Dubuque County, Iowa, according to the plat recorded in Instrument No. 598 -80, as shown on Exhibit A attached hereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, ac- cepts and consents to the Grant of Easement for Floodwall Improvements from the City of Dubuque, copies of which are attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 4th day of June, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Dubuque Regional Airport - New Passenger Terminal Site Work: City Manager rec- ommending approval to move $28,462 in Operating Funds to this Capital Project to in- crease the local match to include a 15% contingency. Upon motion the documents were received, filed, and approved. Intermodal Transportation Campus - Consultant for Design Phase: City Manager rec- ommending authorization to negotiate a contract with Neumann Monson for the multi - phased final design and for construction oversight of an Intermodal Transportation Campus in the Historic Millwork District. Upon motion the documents were received, filed, and approved. Authorized Depository Institutions: City Manager recommending approval of a resolu- tion increasing the maximum balance of City funds allowed to be deposited in Dubuque Bank and Trust to $60,000. Upon motion the documents were received and filed and Resolution No. 135 -12 Naming depositories was adopted. 2 RESOLUTION NO. 135 -12 RESOLUTION NAMING DEPOSITORIES Whereas, Chapter 12C.2 of the 2201 Code of Iowa states that the approval of a fi- nancial institution as a depository shall be by written resolution or order which shall be entered of record in the minutes of the approving board, and which shall distinctly name each depository approved, and specify the maximum amount which may be kept on de- posit in each depository; and Whereas, This procedure is required if a financial institution changes its name or home office location, if the maximum amount is changed, or if a financial institution is added or deleted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the following financial institutions are approved to be depositories of the City of Dubuque, Iowa funds in conformance with all applicable provisions of the 2001 Iowa Code Chapter 12C.2. The City Treasurer is hereby authorized to deposit City of Dubuque, Iowa funds in amounts not to exceed the maximum approved for each re- spective financial institution as set out below. Depository Name American Trust & Savings Bank Dubuque Bank & Trust Company U.S. Bank Dupaco Community Credit Union Premier Bank East Dubuque Savings Bank Location of Home Office Dubuque, Iowa Dubuque, Iowa Minneapolis, Minnesota Dubuque, Iowa Dubuque, Iowa Dubuque, Iowa Liberty Bank Des Moines, Iowa State Central Bank Keokuk, Iowa BBVA Compass Birmingham, Alabama Passed, approved and adopted this 4th day of June, 2012. Attest: Kevin Firnstahl, City Clerk Maximum Balance $40,000,000 $60,000,000 $40,000,000 $20,000,000 $20,000,000 $20,000,000 $20,000,000 $20,000,000 $100,000 Roy D. Buol, Mayor Circles Program Contract - Move the Mountain Contract: City Manager recommend- ing approval of a contract with Move the Mountain for services for the July 2012 - June 2013 contract year, at a cost of $5,600. Upon motion the documents were received, filed, and approved. Dubuque Soil and Water Conservation District Contract Amendment: City Manager recommending approval of an amended contract with the Dubuque Soil and Water Conservation District for the Catfish Creek Watershed Management Authority. Upon motion the documents were received and filed and Resolution No.136 -12 Approving a contract amendment for watershed planning between the City of Dubuque, Iowa, and the Dubuque Soil and Water Conservation District was adopted. RESOLUTION NO. 136 -12 APPROVING A CONTRACT AMENDMENT FOR WATERSHED PLANNING BE- TWEEN THE CITY OF DUBUQUE, IOWA AND THE DUBUQUE SOIL AND WATER CONSERVATION DISTRICT Whereas, the City of Dubuque is party to the Agreement creating the Dubuque Soil 3 and Water Conservation District (the District); and Whereas, City wishes to engage the District to provide additional technical and pro- fessional watershed planning services on the terms and condition set forth in the at- tached amended Agreement; and Whereas, the District has the authority to perform the additional services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The amended Agreement attached hereto is hereby approved. Section 2. The Mayor is authorized and directed to execute the amended Agreement on behalf of the City of Dubuque Passed, approved, and adopted this 4th day of June 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Mediacom Communications Company: Correspondence from Lee Grassley, Senior Manager for Government Relations for Mediacom Communications Company informing the City of programming changes as of June 18, 2012. Upon motion the document was received and filed. Dubuque Industrial Center South - Grading & Utilities Bid Rejection: City Manager recommending rejection of all competitive bid proposals and that the City Council au- thorize staff to immediately re -bid the project and authorize the City Clerk to advertise for proposals. Motion by Jones to receive and file the documents and adopt Resolution No. 137 -12 Rejecting all competitive bid proposals received for the Dubuque Industrial Center South Grading and Utilities — 2012 Project, Phase I and directing the City Clerk to re- advertise for the project. Seconded by Braig. John Moyna, C.J. Monya & Sons, Inc., 24412 Highway 13, Elkader, Iowa, addressed the Council regarding what he be- lieved were issues with the bidding processes, bid addendums, and the publication of bid information, and he ask the City Council to reconsider the rejection of bids. Re- sponding to questions from the City Council, City Engineer Gus Psihoyos and City At- torney Barry Lindahl stated that bids become public information at the time they are opened and read as stated in the Notice to Bidders. Motion carried 7 -0. RESOLUTION NO. 137 -12 REJECTING ALL COMPETITIVE BID PROPOSALS RECEIVED FOR THE DUBUQUE INDUSTRIAL CENTER SOUTH GRADING & UTILITIES — 2012 PROJECT, PHASE I AND DIRECTING THE CITY CLERK TO RE- ADVERTISE FOR BIDS FOR THE PRO- JECT Whereas, competitive sealed bid proposals have been submitted by contractors for the Dubuque Industrial Center South Grading & Utilities — 2012 Project, Phase I (the Project) pursuant to Resolution No. 78 -12 and Notice to Bidders published in a newspa- per published in the City of Dubuque, Iowa on the 19th day of March, 2012.; and Whereas, said competitive sealed proposals for the Project were opened and read on the 10th day of May, 2012; and Whereas, the City Council has deemed it advisable to reject all bid proposals for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. All bid proposals for the Project are hereby rejected. 4 Section 2. The City Clerk is authorized and instructed to return the bid deposits of the unsuccessful bidders for the Project. Section 3. The City Clerk is hereby directed to re- advertise for bids for the Project by publishing the attached Notice to Bidders to be published in a newspaper having gen- eral circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty -five days before the date for filing bids before 2:00 p.m. on the 21st day of June, 2012. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the 2nd day of July, 2012, in the Historic Federal Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, approved and adopted this 4th day of June, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Federal Emergency Management Agency (FEMA): City Manager recommending ap- proval for the City of Dubuque to proceed through the review and appeal procedures as outlined in the letter received from the Federal Emergency Management Agency (FE- MA) dated May 4, 2012. Upon motion the documents were received, filed, and ap- proved. Sustainable Dubuque Project Status Report: City Manager transmitting the Sustaina- ble Dubuque monthly project status update for May 2012. Upon motion the documents were received and filed. Gavilon Grain, LLC - Salt Handling Contract: City Manager recommending approval of a salt handling contract with Gavilon Grain, LLC for the 2012 -13 season. Upon mo- tion this item was removed from the agenda. Iowa Department of Transportation (IDOT) - Grade Crossing Surfacing Repair Agreement: City Manager recommending approval of the State of Iowa Federal -Aid Grade Crossing Surface Repair Agreement between the Canadian Pacific Railway d /b /a Dakota, Minnesota & Eastern Railroad Corporation, Iowa Department of Transportation, and the City of Dubuque for the East 16th Street railroad crossing. Upon motion the documents were received and filed and Resolution No. 138 -12 Approving State of Iowa Federal -Aid Grade Crossing Surface Repair Agreement for the construction of surface improvements at the railroad crossing located at East 16th Street (Agreement 376127D) was adopted. RESOLUTION NO. 138 -12 APPROVING STATE OF IOWA FEDERAL -AID GRADE CROSSING SURFACE RE- PAIR AGREEMENT FOR THE CONSTRUCTION OF SURFACE IMPROVEMENTS AT THE RAILROAD CROSSING LOCATED AT EAST 16TH STREET (AGREEMENT 376127D) Whereas, the Canadian Pacific Railroad DBA Dakota, Minnesota & Eastern Railroad Corporation, Iowa Department of Transportation, and City of Dubuque have agreed to enter into a Federal -Aid Grade Crossing Surface Repair Agreement for the construction of surface improvements at the railroad crossing located at East 16th Street; and Whereas, the Iowa Department of Transportation has developed a Grade Crossing Surface Repair Agreement (376127D) dated April 30, 2012, outlining the terms and conditions between the Canadian Pacific Railroad and the City for the construction of 5 surface improvements at the railroad crossing at East 16th Street is being granted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the State of Iowa Federal -Aid Grade Crossing Surface Repair Agreement (376127D) between the Canadian Pacific Railroad, Iowa Department of Transportation, and the City of Dubuque is hereby approved for the construction of sur- face improvements at the railroad crossing located at East 16th Street. Section 2. That the Mayor be authorized and directed to execute three copies of said State of Iowa Federal -Aid Grade Crossing Surface Repair Agreement (376127D). Section 3. Whereas the City has a Railroad Crossing At -Grade Improvements CIP budgeted in FY08 and FY09 to cover the matching funds for said improvements. Section 4. That a certified copy of the resolution be submitted to Canadian Pacific Railroad and to Iowa Department of Transportation by the City Clerk of the City of Dubuque. Passed, adopted and approved this 4th day of June, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Eide BaiIly Audit Engagement Agreement: City Manager advising that the annual au- dit engagement letter to Eide BaiIly has been signed and is transmitting information con- tained in the audit engagement letter. Upon motion the documents were received and filed. Smart Planning Consortium Update: City Manager transmitting an update to the City Council on the Dubuque County Smart Planning Consortium. Upon motion the docu- ments were received and filed. Southwest Arterial - AECOM Supplemental Agreement: City Manager recommending approval for the Mayor to execute the Consultant Professional Services - Supplemental Agreement with AECOM Technical Services, Inc. for the final engineering design phase of the Southwest Arterial, subject to the concurrence of the Iowa Department of Trans- portation. Upon motion the documents were received and filed and Resolution No. 139- 12 Approving the Consultant Professional Services Supplemental Agreement No. 11 between AECOM Technical Services, Inc. and the City of Dubuque for the final engi- neering design phase of the Southwest Arterial Project was adopted. RESOLUTION NO. 139 -12 APPROVING THE CONSULTANT PROFESSIONAL SERVICES - SUPPLEMENTAL AGREEMENT NO. 11 BETWEEN AECOM TECHNICAL SERVICES, INC. AND THE CITY OF DUBUQUE FOR THE FINAL ENGINEERING DESIGN PHASE OF THE SOUTHWEST ARTERIAL PROJECT Whereas, the City of Dubuque is proceeding with the Southwest Arterial Project, from U.S. Highway 20 to U.S. Highway 151/61, in Dubuque, Iowa; and Whereas, as a result of proposed design and plan modifications, the Consultant Pro- fessional Services - Supplemental Agreement authorizes AECOM to provide the revised scope of services to continue to advance the completion of the final engineering design phase. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 6 Section 1. That said Consultant Professional Services - Supplemental Agreement No. 11 between AECOM Technical Services, Inc. and the City of Dubuque for the final engi- neering design phase of the Southwest Arterial project is hereby approved, subject to the concurrence of the Iowa Department of Transportation. Section 2. That the Mayor be authorized and directed to execute three copies of said Consultant Professional Services - Supplemental Agreement with AECOM Technical Services, Inc. for the final engineering design phase of the Southwest Arterial project. Passed, approved and adopted this 4th day of June, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Sunset Ridge Reconstruction - Project Acceptance: City Manager recommending ac- ceptance of the improvements, establish the final contract at $1,225,080.15 and adopt the Final Schedule of Assessments for the Sunset Ridge Reconstruction Project. Upon motion the documents were received and filed and Resolution No. 140 -12 Accepting the Sunset Ridge Reconstruction Project and authorizing the payment of the contract amount to the contractor; and Resolution No. 141 -12 Adopting the final assessment schedule for the Sunset Ridge Reconstruction Project were adopted. RESOLUTION NO. 140 -12 ACCEPTING THE SUNSET RIDGE RECONSTRUCTION PROJECT AND AUTHORIZ- ING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Sunset Ridge Reconstruction Pro- ject (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Pro- ject be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Street Construction Program, Watermain Replacement Program, Sunset Ridge Street Lighting, Sunset Ridge Sanitary Sewer, and Storm Sewer appropriations for the contract amount of $1,225,080.15 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provi- sions of Iowa Code chapter 573. Passed, approved and adopted this 4th day of June, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk City Engineer's Certificate of Final Completion of the Sunset Ridge Reconstruc- tion Project The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Sunset Ridge Reconstruction Project, that the Project has been per- formed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $1,323,578.24. Dated this 25th day of May, 2012. /s /Gus Psihoyos, City Engineer 7 Filed in the office of the City Clerk on the 29th day of May, 2012. /s /Kevin S. Firnstahl, City Clerk RESOLUTION NO. 141 -12 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE SUNSET RIDGE RE- CONSTRUCTION PROJECT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: After full consideration, the Final Schedule of Assessments as shown on the attached sheet(s), Page 1 to Page 1 inclusive, is hereby approved for the Sunset Ridge Recon- struction Project There is hereby assessed and levied as a special tax against and upon each of the benefited properties, the respective sums indicated. The amounts shown in said Final Schedule of Assessments as deficiencies are found to be proper and levied conditional- ly against the respective properties benefited by the improvements as shown in the Fi- nal Schedule of Assessments, subject to the provisions of Iowa Code § 384.63. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty -five percent of the value of same. The City Clerk be and is hereby directed to certify the Final Schedule of Assessments to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certifi- cation 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 of Assessments. On or before the date of the second pub- lication 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 in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the office of the City Treasurer, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after the date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid as- sessments of $100.00 or more are payable in 15 annual installments at the County Treasurer's Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual interest at nine percent (9 %) computed to December 1 next follow- ing the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. However, when the last day of September is a Saturday or Sun- day, that amount shall be delinquent from the second business day of October. Delin- quent installments will draw the same delinquent interest as ordinary taxes. Property owners may elect to pay any annual installments semi - annually in advance. Passed, approved and adopted this 4th day of June, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Schedule of Assessments Sunset Ridge Reconstruction Project PROPERTY OWNER NAME, LOT DESCRIPTION, PARCEL NUMBER, VALUATION WITH IMPROVEMENT, CITY,STATE, NET PAVING IMPROVEMENT COST, TOTAL PUBLIC IMPROVEMENT COST, WATER SERVICE COSTS, SANITARY SEWER PRI- VATE LATERAL COST, CONCRETE SIDEWALK COST, TOTAL NET ASSESSMENT, WATER SERVICE DEFICIENCY, SANITARY SEWER DEFICIENCY, SANITARY SEW- ER CONNECTION CHARGE 8 Nemmers, Genevieve F., Lot 1 -29 & 2 -28 Sunset Ridge Sub, 10 35 252 001, $332,289.59, Dubuque IA 52003, $3,284.49, $3,284.49, $19,005.10, $0.00, $22,289.59 Koopmann, Leonard & Jody Scott Koop, MLot 1 -1 -2 ML 129 & Lot 2 -1 Sunset Ridge, 10 35 179 003, $418,699.05, Dubuque IA 52003, $896.87, $896.87, $19,402.18, $0.00, $20,299.05 Wagner, Hubert & Elma N., Lot 1 -1 Sunset Ridge Sub, 10 35 251 001, $379,788.37, Dubuque IA 52003, $3,401.77, $3,401.77, $16,988.55, $2,398.05, $22,788.37 Scott, Michael H. & Nicola M., Lot 2 Sunset Ridge & Lot 2 -1 -2 ML 129, 10 35 179 004, $365,213.50, Dubuque IA 52003, $2,582.76, $2,582.76, $16,770.14, $1,260.60, $20,613.50 Schmitz, Margaret B. Trustee, Lots 27, 1 -28 & 2 -29 Sunset Ridge Sub, 10 35 252 003, $347,771.84, Dubuque IA 52003, $4,781.39, $4,781.39, $1,415.37, $19,075.08, $0.00, $25,271.84 Wahlert, Susan L. Trustee Revocable Tr, Sunset Ridge No 2 Lots 2 -2 & 2 -1 Both of ML 129, 10 35 179 010, $591,532.06, Dubuque IA 52003, $4,969.80, $4,969.80, $18,892.59, $2,469.67, $26,332.06 Obbink, Bruce A. & Kristi R., Lot 26 Sunset Ridge Sub, 10 35 252 004, $484,283.26, Dubuque IA 52003, $2,484.90, $2,484.90, $19,388.36, $0.00, $21,873.26 Mohr, Matthew D. & Jennifer M., Lot 25 Sunset Ridge Sub, 10 35 252 005, $353,254.82, Dubuque IA 52003, $2,484.90, $2,484.90, $1,415.37, $16,154.55, $0.00, $20,054.82 Eddy, Jeffrey W. & Charlene A., Lot 2 -1 -1 ML 129 & Lot 5 Sunset Ridge, 10 35 179 007, $295,298.72, Dubuque IA 52003, $2,514.12, $2,514.12, $17,533.60, $1,051.00, $21,098.72 De Long, Myra E., Lot 24 Sunset Ridge Sub, 10 35 252 006, $408,375.03, Dubuque IA 52003, $2,508.93, $2,508.93, $17,366.10, $0.00, $19,875.03 Kennedy, James G. & Frances D., Lot 6 Sunset Ridge & Lot 1 -1 -1 ML 129, 10 35 179 008, $434,892.51, Dubuque IA 52003, $2,713.69, $2,713.69, $21,051.17, $1,927.65, $25,692.51 Kreiss, Jon N. & Molly A., Lot 22 & S 20' Lot 23 Sunset Ridge Sub, 10 35 252 008, $342,819.58, Dubuque IA 52003, $3,033.79, $3,033.79, $17,085.79, $0.00, $20,119.58 Roling, Benjamin M., Lot 21 Sunset Ridge Sub, 10 35 252 009, $340,161.24, Dubu- que IA 52003, $2,530.66, $2,530.66, $17,630.58, $0.00, $20,161.24 Conlon, Stephen D., Lot 1 Sunset Ridge #4, 10 35 251 005, $779,603.23, Dubuque IA 52003, $7,084.23, $7,084.23, $21,742.35, $3,976.65, $32,803.23 Richardson, James R., Lot 1 Sunset Ridge #3, 10 35 252 012, $347,606.13, Dubu- que IA 52003, $2,545.46, $2,545.46, $19,060.67, $0.00, $21,606.13 Their, Tony A. & Anna K., Lot 2 Sunset Ridge #3 & N 1/2 Lot 18 Sunset Ridge, 10 35 252 014, $294,740.23, Dubuque IA 52003, $3,921.63, $3,921.63, $1,415.37, $19,653.23, $0.00, $24,990.23, $638.02, Kalb, Andrew E. & Conlon, Rebecca E., Lot 1 Sunset Ridge #5, 10 35 251 006, $407,177.29, Dubuque IA 52003, $4,388.81, $4,388.81, $21,561.78, $2,426.70, $28,377.29 Fiesler, Martin L. & Fromm, Scott I., S 1/2 Lot 18 Sunset Ridge, 10 35 402 002, $253,981.29, Dubuque IA 52003, $1,244.47, $1,244.47, $1,268.10, $16,668.72, $0.00, $19,181.29, $147.27, $702.43, 9 Wertheimer, Mark & Barbara R., Lots 13, 1 -1 -14, 2 -12 All in Sunset Ridge, 10 35 401 002, $550,244.79, Dubuque IA 52003, $3,502.51, $3,502.51, $17,168.15, $1,474.13, $22,144.79 Heitzman, Wesley W. & Harriet, Lot 1 -15 Sunset Ridge, 10 35 402 005, $276,701.80, Dubuque IA 52003, $3,404.46, $3,404.46, $1,415.37, $18,481.97, $0.00, $23,301.80 Woodward, Thomas N. & Charlice L., Lot 2 Faldorf Place (4.6 Ac) & Lots 2 -14 & 2- 15, 10 35 402 009, $552,438.09, Dubuque IA 52003, $7,006.56, $7,006.56, $22,189.17, $542.36, $29,738.09 Smith, Peter L. & Susan M., Lot 2 -14 Sunset Ridge, 10 35 401 003, $261,399.04, Dubuque IA 52003, $2,834.42, $2,834.42, $15,872.35, $1,392.27, $20,099.04 Kennedy, James G. & Frances D., Lot 2 -7 Sunset Ridge Sub, 10 35 251 002, $27,696.00, Dubuque IA 52003, $1,172.18, $1,172.18, $0.00, $0.00, $1,172.18$1,558.73 De Long, Myra E., N 80' or Bal Lot 23 Sunset Ridge Sub, 10 35 252 007, $65,389.43, Dubuque IA 52003, $2,003.11, $2,003.11, $2,486.32, $0.00, $4,489.43 Conlon, Stephen D., Lot 2 Sunset Ridge #5, 10 35 401 005, $75,725.22, Dubuque IA 52003, $1,978.89, $1,978.89, $0.00, $1,218.06, $3,196.95$2,453.58 Fiesler, Martin L. & Fromm, Scott I., Lot 17 Sunset Ridge, 10 35 402 003, $32,841.79, Dubuque IA 52003, $2,493.17, $2,493.17, $3,048.62, $0.00, $5,541.79 Sherman, Timothy J. & Kelly M., Lot 16 Sunset Ridge, 10 35 402 004, $51,600.71, Dubuque IA 52003, $2,490.86, $2,490.86, $1,415.37, $9,394.48, $0.00, $13,300.71, $1,551.64, Wartburg Theological Seminary, Lot 1 -1 & 2 -1 both of ML 132, 10 35 128 006, $991,291.85, Dubuque IA 52003, $0.00, $0.00, $0.00, $771.85, $771.85 Conlon, Christine, "All" McDonald Wartburg Place, 10 35 201 007, $730,755.82, Dubuque IA 52003, $0.00, $0.00, $24,455.82, $0.00, $24,455.82 Homelessness Prevention and Rapid Re- Housing Program (HPRP): Correspondence from the U.S. Department of Housing and Urban Development (HUD) informing the City that it must expend 100 percent of the Homelessness Prevention and Rapid Re- Housing Program (HPRP) grant by July 15, 2012. Upon motion the documents were re- ceived, filed and referred to the City Manager. Healthy Homes and Lead Hazard Control Grant Quarterly Report: Correspondence from the U.S. Department of Housing and Urban Development (HUD) Office of Healthy Homes and Lead Hazard Control informing the City that its program has received an overall rating of 100 out of 100 with a Green designation for meeting and /or exceeding most primary benchmarks. Upon motion the documents were received and filed. Economic Development Administration Disaster Grant - Bee Branch Creek Restora- tion: City Manager recommending that the City submit a $4 million grant request to the U.S. Economic Development Administration for the Bee Branch Creek Restoration Pro- ject. Upon motion the documents were received and filed and Resolution No.142 -12 Approving an application for flood disaster funding to the EDA for the Bee Branch Creek Restoration Project was adopted. RESOLUTION NO. 142 -12 APPROVING AN APPLICATION FOR FLOOD DISASTER FUNDING TO THE TO THE EDA FOR THE BEE BRANCH CREEK RESTORATION PROJECT 10 Whereas, the Economic Development Administration (EDA) has announced the availability of Disaster funding for cities and counties that received a Federal Disaster Declaration in 2011 and Whereas, the City has identified the Bee Branch Creek Restoration Project to miti- gate future flood disaster and create a more resilient economic development and job retention environment. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor is authorized to sign and submit this application to the EDA for Disaster Funding for the Bee Branch Creek Restoration Project. Section 2. That in the event said application is approved, the City Council hereby provides its written assurance that the Bee Branch Creek and its associated flood plain will be adequately maintained for its intended public use. Passed, approved and adopted this 4th day of June, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Signed Contracts: A) Dubuque County Elections Lease, B) Twilight River Boat Dock- ing Agreement. Upon motion the documents were received and filed. Business License Refunds: Request for liquor license refunds for The Twisted Pickle, LLC in the amount of $211.25; and The District, Inc. in the amount of $422.50. Upon motion the documents were received, filed, and approved. Alcohol and Tobacco License Applications: City Manager recommending approval of annual liquor, beer, wine and tobacco licenses applications as submitted. Upon motion the documents were received and filed and Resolution No.143 -12 Approving applica- tions for beer, liquor, and /or wine permits, as required by City of Dubuque Code of Ordi- nances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits; and Resolution No. 144 -12 Approving ap- plications for retail cigarette /tobacco sales permits, as required by Iowa Code 453A.47A were adopted. RESOLUTION NO. 143 -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. 11 House of China, Co. Jumpers Sports Bar & Grill Kwik Star #495 Ooh La La The Hancock House B and B Rotary Club of Dubuque 170 J F K Rd. 2600 Dodge St. 2685 Dodge St. 3460 Hillcrest Rd. 1105 Grove Ter. 135 W. 8th St. Class C Liquor (Sunday) Adding Outdoor Service Class C Beer, Class B Native Wine (Sunday) Class B Wine (Sunday) Class B Native Wine (Living Quarters) Special Class C Liquor (Sunday) Passed, approved and adopted this 4th day of June, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 144 -12 APPROVING APPLICATIONS FOR RETAIL CIGARETTE /TOBACCO SALES PER- MITS, AS REQUIRED BY IOWA CODE 453A.47A Whereas, applications for Cigarette /Tobacco Sales have been submitted and filed with the City Council for approval and the same have been examined and approved; 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 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 locations for cigarette /tobacco sales permit. Phillips 66 /Arby's 10 Main St. 16th St. Auto Truck Plaza 1215 E 16th St. Ron's Discount Smokes and Beverage Center 1450 Loras Blvd. Ron's Discount Smokes and Beverage Center 3300 Asbury Rd. Plaza 20 BP /Amoco 2600 Dodge St. Ron's 5 Point Mart 405 Rhomberg Ave. Casey's General Store #2420 2699 Rockdale Rd. Casey's General Store #2421 4003 Peru Rd. Kmart #4018 2600 Dodge St. Big 10 Mart 1101 Rhomberg Ave. Big 10 Mart 1875 JFK Rd. Big 10 Mart 2100 JFK Rd. Sid's Beverage Store, Inc. 2727 Dodge St. Iowa Street Market 1256 Iowa St. Road Ranger #159 2175 Central Ave. Tobacco Outlet Plus #504 806 Wacker Dr. Suite 140 Kwik Star #495 2685 Dodge St. McCann's Service, Inc. 690 West Locust St Oky Doky #1 250 West 1st St. Hy -Vee Wine & Spirits #1 3500 Dodge St. Hy -Vee Food Store #1 3500 Dodge St. Hy -Vee C Store #1 3270 Dodge St Hy -Vee Food Store #2 2395 NW Arterial 12 Hy -Vee Gas #2 2435 NW Arterial Hy -Vee Food Store #3 400 S. Locust St. Hy -Vee Food Gas #3 300 S. Locust St Clark of Dubuque 700 Rhomberg Ave. Beecher Co. Inc 1691 Asbury Rd. Hartig Drug #2 157 Locust St. Hartig Drug #3 2255 JFK Rd. Hartig Drug #4 2225 Central Ave. Hartig Drug #8 1600 University Ave. Eagle Country market 1800 Elm St. Walgreens #9708 55 JFK Rd. Walgreens #11942 345 East 20th St. Walgreens #6154 2260 JFK Rd. Fareway Stores #114 2050 JFK Blvd. Paro Food Mart 3200 Central Ave. Family Mart 3201 Central Ave. Pioneer's Rest Stop 4900 Old Highway Rd. Cedar Cross Amoco BP 1200 Cedar Cross Rd. Passed, approved and adopted this 4th day of June, 2012. Roy Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS /COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards /Commissions; applicant appointments will be made at the next City Council meeting. Arts and Cultural Affairs Advisory Commission: Three 3 -year terms through June 30, 2015 (Expired terms of Henkels, Steffen and Shafer). Specialized positions: 2 Busi- ness /Professional representatives (One living /working within the Cultural District); and 1 At -Large living /working outside the Cultural District. Applicants: Ellen Henkels, 890 W. 3rd Street; John Keith King, 489 W. 4th Street; Julie Steffen, 2260 Coates Street; Vince Williams, 3965 Creston Street. Ms. Henkels, Mr. King, and Mr. Williams spoke in sup- port of their respective appointments. Civic Center Advisory Commission: One 3 -year term through June 29, 2015 (Expired term of Parks). Applicant: Bryce Parks, 2005 N. Main Street. Historic Preservation Commission: One 3 -year term through July 1, 2015 (Expired At- Large term of Bichell). Applicant: Mary Loney Bichell, 595 W. 11th Street. Investment Oversight Advisory Commission: Two 3 -year terms through July 1, 2015 (Expired terms of Chalmers and Simonson). Applicants: Brad Chalmers, 1095 W. 3rd Street; John Keith King, 489 W. 4th Street; Ashlie Simonson, 44 S. Algona Street. Mr. King spoke in support of his appointment. Library Board of Trustees (Mayoral Appointment) Two 4 -year terms through July 1, 2016 (Expired terms of Connors and Anderson - Bricker). Applicants: John Anderson - Bricker, 903 Merz Street; Paula Connors, 818 S. Grandview Avenue; John Pregler, 1525 Pego Court. Mr. Anderson - Bricker, Ms. Connors, and Mr. Pregler spoke in support of their respective appointments. Long Range Planning Advisory Commission: Two 3 -year terms through July 1, 2015 (Expired terms of Darter and Pregler). Applicants: Chad Darter, 2544 Matthew John 13 Drive; John Pregler, 1525 Pego Court. Mr. Pregler spoke in support of his appointment. Park and Recreation Commission: One 3 -year term through June 30, 2015 (Expired term of Blocker). Applicant: Robert Blocker, 880 Kane Street. Mr. Blocker spoke in sup- port of his appointment. Transit Advisory Board: One 3 -year term through July 30, 2015 (Expired term of Es- ser). Applicant: Matthew Esser, 90 Main Street. Appointment to the following commission: Human Rights Commission: One 3 -year term through January 1, 2013 (Vacant term of Ronek). Applicant: Andrea Helgager, 40 Main Street. Motion by Braig to appoint An- drea Helgager to the Human Rights Commission to complete a vacant 3 -year term through January 1, 2013. Seconded by Connors. Motion carried 7 -0. PUBLIC HEARING Upon motion the rules were suspended allowing anyone present to address the City Council. Loras College Parkway - Grading /Paving, Public Hearing & Award: Proof of publica- tion on notice of public hearing to consider the approval of the plans, specifications, form of contract and estimated cost for the Loras Parkway Project, authorize the City Manager to execute the Subgrantee Agreement, and award the project to Horsfield Construction, Inc. in the amount of $483,757.45 subject to the approval of the Iowa De- partment of Transportation. Upon motion the documents were received and filed and Resolution No. 145 Approval of plans, specifications, form of contract, and estimated cost for the Loras Parkway Project (Iowa DOT Project No. TCSP- PA27(003)-- 95 -31); Resolution No. 146 -12 Approving a Subgrantee Agreement between the City of Dubu- que and Loras College for the Loras College Parkway PCC Pavement - Grade and Re- place Project (Iowa DOT Project No. TCSP- PA27(003)-- 95 -31); and Resolution No. 147 -12 Awarding Public Improvement Contract for the Loras Parkway PCC Pavement - Grade and Replace Project (Iowa DOT Project No. TCSP- PA72(003)-- 95 -31) were adopted. RESOLUTION NO. 145 -12 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT- ED COST FOR THE LORAS PARKWAY PROJECT (IOWA DOT PROJECT NO. TCSP-PA27(003)-9S-31) NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Loras Parkway Project, in the estimated amount $651,484.86, are hereby approved. Passed, adopted and approved this 4th day of June, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 14 RESOLUTION NO. 146 -12 APPROVING A SUBGRANTEE AGREEMENT BETWEEN THE CITY OF DUBUQUE AND LORAS COLLEGE FOR THE LORAS PARKWAY PCC PAVEMENT — GRADE AND REPLACE PROJECT, IOWA DOT PROJECT NO. TCSP -PA27 (003) -9S -31 Whereas, Loras College (Loras) is engaged in a project involving the design and re- construction of a portion of Cox Street, or what is now referred to as Loras Parkway, funded in part by a federal grant of $489,150.00 from the Federal Highway Administra- tion (FHWA) Transportation and Community and System Preservation Grant Program (Iowa DOT Project No. TCSP -PA27 (003)- 9S -31) (the Project); and Whereas, East Central Intergovernmental Association (ECIA) has agreed to partner with Loras as the sponsor for the Project and will assume the role as the Local Public Agency (LPA) for the administration of the federal grant; and Whereas, ECIA has signed Iowa DOT Agreement No. 12 -TCSP -114 with the Iowa Department of Transportation (Iowa DOT) as the sponsor of the Project on behalf of Lo- ras; and Whereas, City will initially be the Contracting Authority for the grant but will not con- tribute funding for the Project; and Whereas, both the City and ECIA proposes to have Loras comply with the terms and conditions set forth in the Iowa DOT Agreement, as the subgrantee for and on behalf of the City and ECIA; and Whereas, the City and Loras desire to enter into this Subgrantee Agreement to set forth their respective responsibilities under the Iowa DOT Agreement. NOW, THEREFORE, the parties hereto do mutually agree as follows: Section 1. City shall initially assume the responsibility of the Contracting Authority for the Project and award the improvement contract for the construction of the Project. Section 2. Following the contract approval, the City shall issue a change order to the construction contract which would transfer the contracting authority jurisdiction to ECIA. Section 3. Loras agrees to comply with all of the terms and conditions of the Iowa DOT Agreement for the Project that are applicable to the Recipient (as defined in the Iowa DOT Agreement), for and on behalf of City. Section 4. Loras shall be responsible under the Iowa DOT Agreement to pay the Pro- ject costs according to the procedure set forth therein as follows: Loras agrees to pay the required twenty percent (20 %) local contribution to the total Project costs, estimated to be $122,287.50, for the Project in accordance with the Iowa DOT Agreement. Loras agrees to pay eighty percent (80 %) of the total eligible Project costs, not to ex- ceed $489,150.00, for the Project in accordance with the IOWA DOT Agreement, and then to request reimbursement for eligible grant expenditures from the Iowa DOT. Loras hereby agrees to pay one hundred percent (100 %) of ineligible Project costs and all Project costs that exceed the estimated total Project costs of $652,000.00 or which are not reimbursed with or otherwise paid for by the funds specified in the Iowa DOT Agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said Subgrantee Agreement between the City of Dubuque and Loras College be hereby approved for the Loras Parkway Project, Iowa DOT Project No. TCSP -PA27 (003)- 9S -31. Section 2. That the City Manager be authorized and directed to execute two copies of the Subgrantee Agreement for the Loras Parkway Project, Iowa DOT Project No. TCSP- 15 PA27 (003)- 9S -31. Passed, approved and adopted this 4th day of June, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Cookin' Something Up - Alcohol Compliance Violation Hearing: Assistant City Attor- ney Crenna Brumwell conducted a civil penalty hearing on the second alcohol compli- ance violation as requested by Cookin' Something Up, 1640, John F. Kennedy Road. Mayor Buol swore in the witnesses. Motion by Connors to receive the Exhibits as sub- mitted. Seconded by Braig. Motion carried 7 -0 Assistant City Attorney Crenna Brumwell and Attorney for the business Tom Good- man provided opening statements. Testimony was heard from Amy Hedley, Mary Kay Hurm, Kerianne Kane, Stephanie Gorius, Doris Gorius, Corporal Steve Eastvedt, and Officer Shane O'Brien. Motion by Connors to receive and file the documents, and ap- prove the order provided by Assistant City Attorney Brumwell which imposes a $1,500 civil penalty and the thirty -day suspension of the liquor license as shall be agreed upon by the Chief of Police. Seconded by Resnick. Motion carried 7 -0. Convention and Visitors Bureau Quarterly Report: Director Keith Rahe provided an update on the activities of the Dubuque Convention and Visitors Bureau that included information about changes in staff, What Women Want event, America's River Festival, Three -on -Three Basketball Tournament and the National Grocers' Association Confer- ence. Responding to questions from the Council, Mr. Rahe provided information about the use of hotel /motel taxes, financial statements provided to the Chamber of Com- merce Board of Directors and the City of Dubuque's budget process, marketing partner- ships and the America's River Board and Festival funding. Motion by Connors to receive and file the information. Seconded by Resnick. Motion carried 7 -0. Demolition Permit Appeal - 1760 Jackson Street: City Manager recommending ap- proval to issue a demolition permit at 1760 Jackson Street in response to an appeal to City Council by Ted Stackis regarding the Historic Preservation Commission's denial of the permit. Motion by Braig to receive and file and approve the issuance of the demoli- tion permit per the City Manager's recommendation. Seconded by Resnick. Motion car- ried 7 -0. Sale of Bonds - Taxable General Obligation Bonds Series 2012C and General Obli- gation Bonds Series 2012D: City Manager advising that the results of the sale of 6,965,000 Taxable General Obligation Bonds Series 2012C and $7,595,000 General Obligation Bonds Series 2012D will be brought to the June 4, 2012 City Council meeting for approval. Motion by Connors to receive and file the documents and adopt Resolution No. 148 -12 Directing the sale of Taxable General Obligation Bonds Series 2012C, and Resolution No. 149 -12 Directing the sale of General Obligation Bonds Series 2012D. Seconded by Jones. Judy Vanda of PFM Group reviewed the results of the bond sale and responded to questions from the City Council. Motion carried 7 -0. 16 RESOLUTION NO. 148 -12 DIRECTING SALE OF TAXABLE GENERAL OBLIGATION BONDS, SERIES 2012C Whereas, pursuant to notice as required by law, bids have been received at public sale for the Bonds described as follows and the best bid received is determined to be the following: TAXABLE GENERAL OBLIGATION BONDS, SERIES 2012C: Bidder: Robert W. Baird & Co, Inc. of Milwaukee, Wisconsin the terms of said bid be- ing: Purchase Price: $6,966,389.25 Principal Amount: $6,965,000 True Interest Cost: $2,660,654.50 True Interest Rate: 3.1971% NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the bid for the Taxable Series 2012C Bonds as above set out is hereby determined to be the best and most favorable bid received and, said Taxable Series 2012C Bonds are hereby awarded based on said bid. Section 2. That the form of contract for the sale of said Taxable Series 2012C Bonds is hereby approved and the Mayor and City Clerk are authorized to execute and attest the same on behalf of the City. Section 3. That the notice of the sale of the Taxable Series 2012C Bonds heretofore given and all acts of the City Clerk and Finance Officer done in furtherance of the sale of said Taxable Series 2012C Bonds are hereby ratified and approved. Passed and approved, this 4th day of June, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 149 -12 DIRECTING SALE OF GENERAL OBLIGATION BONDS, SERIES 2012D Whereas, pursuant to notice as required by law, bids have been received at public sale for the Bonds described as follows and the best bid received is determined to be the following: GENERAL OBLIGATION BONDS, SERIES 2012D: Bidder: Robert W. Baird & Co., Inc., et al of Milwaukee, Wisconsin, the terms of said bid being: Purchase Price: $7,760,216.25 Principal Amount: $7,595,000 True Interest Cost: $2,103,047.66 True Interest Rate: 2.7707 %% NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the bid for the Series 2012D Bonds as above set out is hereby de- termined to be the best and most favorable bid received and, said Series 2012D Bonds are hereby awarded based on said bid. Section 2. That the form of contract for the sale of said Series 2012D Bonds is here- by approved and the Mayor and City Clerk are authorized to execute and attest the same on behalf of the City. Section 3. That the notice of the sale of the Series 2012D Bonds heretofore given and all acts of the City Clerk and Finance Officer done in furtherance of the sale of said 17 Series 2012D Bonds are hereby ratified and approved. Passed and approved, this 4th day of June, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Appeal of Sidewalk Installation - 449 Lowell Street: Correspondence from Rod and Sharron Chapman appealing the City's requirement for a sidewalk at 449 Lowell Street. Motion by Connors to receive and file the documents and grant an exception to the sidewalk requirement until such time as sidewalks are installed along adjacent proper- ties. Seconded by Resnick. Motion carried 7 -0. Heartland Financial USA, Inc.: City Manager recommending approval of a resolution authorizing the submission of a Financial Assistance application to the Iowa Economic Development Authority on behalf of Heartland Financial USA, Inc. Motion by Connors to receive and file the documents and adopt Resolution No. 150 -12 Authorizing the filing of a State of Iowa Financial Assistance application on behalf of Heartland Financial USA, Inc. Seconded by Lynch. Motion carried 7 -0. RESOLUTION NO. 150 -12 AUTHORIZING THE FILING OF A STATE OF IOWA FINANCIAL ASSISTANCE AP- PLICATION ON BEHALF OF HEARTLAND FINANCIAL USA, INC. Whereas, Heartland Financial USA, Inc. has proposed expanding their business to the Roshek Building in Dubuque, Iowa; and Whereas, the City Council of Dubuque, Iowa has considered said proposal and has determined that the proposed project will contribute to the local economy through the creation of 50 new jobs for area residents; and Whereas, the Iowa Economic Development Authority has created a financial assis- tance package for Heartland Financial USA, Inc. to expand their business in Dubuque; and Whereas, the City of Dubuque, Iowa is eligible to apply for this funding on behalf of the Company. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the filing of an application for State of Iowa financial assistance on behalf of Heartland Financial USA, Inc. is hereby approved. Section 2. That the local match identified in the application is provided by Dubuque Initiatives, subject to application approval by the Iowa Economic Development Authority. Section 3. That the Mayor is hereby authorized to execute and the City Manager is hereby directed to submit said application to the Iowa Economic Development Authority together with such documents as may be required. Passed, approved, and adopted this 4th day of June, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Catfish Creek Watershed Management Authority - Representatives Selection Pro- cess: City Manager transmitting recommendations for the selection process for City of Dubuque representatives, in accordance with the approved 28E agreement for the Cat- fish Creek Watershed Management Authority for City Council review and approval. Mo- tion by Connors to receive and file the documents and approve the selection of one staff 18 member as recommended by the City Manager and two qualified citizens with an appli- cation process similar to that of the current boards and commission program. Seconded by Resnick. Motion carried 7 -0. Upper Central Avenue Commercial Historic District: Historic Preservation Commis- sion recommending approval of the Upper Central Avenue Commercial Historic District review criteria and nomination to the State Nominations Review Committee. Motion by Connors to receive and file the documents and approve the recommendation. Second- ed by Resnick. Motion carried 7 -0. Wilmac Property Group - Multi - Family Rental Unit Production Round 4 Application: City Manager recommending approval of an application for a Community Development Block Grant (CDBG) Multi - Family Rental Unit Production - Round 4 funding to create multi - family rental units in the Betty Building located at 901 Jackson Street in the Histor- ic Millwork District. Motion by Jones to receive and file the documents and adopt Reso- lution No. 151 -12 Resolution of Support to the Iowa Economic Development Authority, on behalf of Tim Mcnamara/Wilmac Property Group for submittal of an application for a CDBG Disaster Multi - Family Unit Production Round 4 Application. Seconded by Braig. Responding to questions from City Council, Economic Development Director Dave Heiar stated that this is a competitive application with CDBG requirements but still con- sistent with workforce income level. Motion carried 7 -0. RESOLUTION NO. 151 -12 SUPPORT TO THE IOWA ECONOMIC DEVELOPMENT AUTHORITY, ON BEHALF OF TIM MCNAMARA / WILMAC PROPERTY GROUP FOR SUBMITTAL OF AN AP- PLICATION FOR A CDBG DISASTER MULTI - FAMILY UNIT PRODUCTION ROUND 4 APPLICATION Whereas, Dubuque County was impacted by the floods of 2008 and the area has a critical need for additional workforce housing; and Whereas, in 2009 the Real Property Research Group along with other studies con- cluded that there is a need for additional downtown housing; and Whereas, the City Council has prioritized the redevelopment of the Historic Millwork District for mixed use with an emphasis on downtown housing; and Whereas, the Betty Building project located at 901 Jackson Street will provide much needed residential development 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 support the CDBG Disaster Multi - Family Unit Production Round 4 Application on behalf of Tim McNamara / Wilmac Property Group for the property at 901 Jackson Street. 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 4th day of June, 2012. Attest: Kevin S. Firnstahl, City Clerk 19 Roy D. Buol, Mayor Iowa Finance Authority - Novelty Iron Works: City Manager recommending approval to pursue a $4.5 million low- interest loan from the Iowa Finance Authority to assist the Novelty Iron Works project, 333 E. 10th Street, in the Historic Millwork District. Motion by Jones to receive and file the documents and approve the recommendation. Second- ed by Resnick. Responding to questions from City Council, Economic Development Di- rector Dave Heiar stated that this application process has fewer restrictions than the previous CDBG item and is also consistent with workforce level income. Motion carried 7 -0. Request for Qualifications - Site Selection Study and Environmental Analysis for a Bus Storage and Maintenance Facility: City Manager recommending Council approval to distribute a Request for Qualifications for services required to do a site selection study and environmental analysis for a bus storage and maintenance facility. Motion by Connors to receive and file the documents and approve the recommendation. Second- ed by Jones. Motion carried 7 -0. Stormwater Management Utility Fee for Fiscal Year 2013: City Manager recommend- ing an amendment to the City of Dubuque Code of Ordinances amending the Storm - water Management Utility Fee which will maintain the rate of $5.60 per month at least through June 30, 2013. Motion by Jones 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. Se- conded by Jones. Motion carried 7 -0. Motion by Jones for final consideration and passage of Ordinance No. 35 -12 Amend- ing City of Dubuque Code of Ordinances Section 13 -4 -5 (D) SFU Rate, Charges, Utility Revenues. Seconded by Braig. Motion carried 7 -0. OFFICIAL PUBLICATION ORDINANCE NO. 35 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 13 -4-5 (D) SFU RATE, CHARGES; UTILITY REVENUES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That City of Dubuque Code of Ordinances Section 13 -4 -5 (D) is amended to read as follows: (d) The SFU rate to be applied to residential and nonresidential properties shall be as follows: (1) For the period July 1, 2012 through June 30, 2013 the SFU rate shall be $5.60 per SFU; Passed, approved and adopted this 4th day of June, 2012. /s /Roy D. Buol, Mayor Attest: /s/ Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 8th day of June, 2012. /s /Kevin S. Firnstahl, City Clerk City Wide Water Meter Replacement and Unmeasured Flow Reducer (UFR) Installa- tion Program - Project Acceptance: City Manager recommending acceptance of the City Wide Water Meter Replacement and Unmeasured Flow Reducer (UFR) Installation Pro- ject, as completed by Northern Water Works Supply, in the final contract amount of 20 $7,324,285. Motion by Connors to receive and file the documents and adopt Resolution No. 152 -12 Accepting the City of Dubuque, Iowa, Water Meter Replacement Project. Seconded by Resnick. Motion carried 7 -0. RESOLUTION NO. 152 -12 ACCEPTING THE CITY OF DUBUQUE, IOWA WATER METER REPLACEMENT PROJECT Whereas, the Public Improvement Contract for the City Water Meter Replacement Project (the Project) has been completed and HDR Engineering of Omaha, NE, the City's Consulting Engineering Firm, has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and has recommended that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City's Engineering Consultants is approved and the Project is hereby accepted. Passed, approved and adopted this 4th day of June, 2012. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk IowaWORKS - Region 1 Workforce Investment Board (RWIB): Communication from Dave Leary, Region 1 Director for IowaWORKS, Northeast Iowa, requesting nomina- tions to fill a vacancy that exists on the Region 1 Workforce Investment Board (RWIB) historically held by a member of the Dubuque City Council. Motion by Connors to re- ceive the documents and recommend Council Members Jones and Resnick file re- sumes for consideration to the Region 1 Workforce Investment Board. Seconded by Resnick. Motion carried 7 -0. CLOSED SESSION Motion by Jones to convene in closed session at 10:26 p.m. to discuss pending litiga- tion and property acquisition pursuant to Chapter 21.5(1)(c)(j) Code of Iowa. Seconded by Braig. Motion carried 7 -0. Upon motion the City Council reconvened in open session stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 10:44 p.m. /s /Kevin S. Firnstahl City Clerk 21