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7 02 13 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 July 2, 2012 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Pro -Tem Jones; Council Members Braig, Lynch, Resnick, City Man- ager Van Milligen, City Attorney Lindahl Absent: Mayor Buol; Council Members Connors and Sutton Mayor Pro -Tem Jones 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 be- fore the Council. PLEDGE OF ALLEGIANCE MOMENT OF SILENCE Mayor Pro -Tem Jones announced that the City of Dubuque was named a 2012 All America City by the National Civil League based on the City's plan to ensure that more children are reading at grade level by the end of third grade. Jones credited the coalition that included Every Child /Every Promise, Carnegie -Stout Public Library, the Community Foundation of Greater Dubuque, the Dubuque Area Chamber of Commerce and leaders and experts from area schools, colleges, universities, nonprofits, businesses, city gov- ernment and philanthropies. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Resnick. Motion carried 4 -0. Minutes and Reports Submitted: City Council proceedings of 6/18 Proof of publication for City Council proceedings of 6/4. Upon motion the documents were received and filed. Notice of Claims and Suits: Donna McKnight for property damage; North Grandview Estates, LLC /Richard Henkel vs. City of Dubuque for installation of streets; Tina Pfeiler for vehicle damage. Upon motion the documents were received, filed and referred to the City Attorney. Disposition of Claims: City Attorney advising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: Claim by Donna McKnight for property damage, claim by Tina Pfeiler for vehicle damage. Upon motion the documents were received, filed and concurred. Safe Community Advisory Committee: Committee Member Amanda Elkins submitting her resignation from the Safe Community Advisory Committee. Upon motion the docu- 1 ment was received, filed and the resignation accepted. Excess Worker's Compensation Insurance Renewal: City Manager recommending approval of the Worker's Compensation Excess Insurance renewal with Safety National effective July 1, 2012 through June 30, 2013. Upon motion the documents were re- ceived, filed, and approved. Mediacom Dubuque Digital Upgrade 2012: City Manager providing an update on Mediacom's continuing transition away from analog signals toward all digital television in Dubuque. Upon motion the documents were received and filed. Hunter Equity, LLC / 2013 Dubuque, LLC (FedEx): City Manager recommending ap- proval of a Consent and Subordination Agreement with CrossFirst Bank. Upon motion the documents were received, filed, and approved. Kaufmann Avenue HMA Resurfacing - Project Acceptance: City Manager recom- mending acceptance of the Kaufmann Avenue HMA Resurfacing Project (John F. Ken- nedy Road to Carter Road), as completed by Top Grade Excavating, Inc., in the final contract amount of $560,742.09. Upon motion the documents were received and filed and Resolution No. 169 -12 Accepting the Kaufmann Avenue HMA Resurfacing Project (John F. Kennedy Road to Carter Road), Iowa DOT Project No. STP -U -2100 (662) - -70- 31 and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 169 -12 ACCEPTING THE KAUFMANN AVENUE HMA RESURFACING PROJECT (JOHN F. KENNEDY ROAD TO CARTER ROAD), IOWA DOT PROJECT NO. STP -U -2100 (662) -70 -31 AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Kaufmann Avenue HMA Resur- facing Project (John F. Kennedy Road to Carter Road), Iowa DOT Project No. STP -U- 2100 (662)- -70 -31 (the Project) has been completed and the City Engineer has exam- ined the work and filed a certificate stating that the Project has been completed accord- ing to the terms of the Public Improvement Contract and that the City Engineer recom- mends 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 Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the DMATS STP Funds, Kaufmann Avenue Resurfacing (CIP 3002140), Sunset Ridge Re- construction (CIP 3002141), Stone Retaining Walls Fund (CIP 3501029) and Kaufmann & Trygg Storm Sewer Extension (CIP No. 7202243) appropriations for the contract amount of $560,742.09 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 2nd day of July, 2012. Ric W. Jones. Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk 2 City Engineer's Certificate of Final Completion of the Kaufmann Avenue HMA Re- surfacing Project (John F. Kennedy Road to Carter Road), Iowa DOT Project No. STP -U -2100 (662) -70 -31 The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Kaufmann Avenue HMA Resurfacing Project (John F. Kennedy Road to Carter Road), Iowa DOT Project No. STP -U -2100 (662)- 70 -31, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $671,437.53. Dated this 22nd day of June, 2012. /s /Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 22nd day of June, 2012. /s /Kevin S. Firnstahl, City Clerk Sustainable Dubuque Project Status Update: City Manager transmitting the monthly Sustainable Dubuque Project Status Update for June 2012. Upon motion the docu- ments were received and filed. Mines of Spain Trail - State Recreation Trail Grant Application: City Manager recom- mending approval to submit a 2012 State Recreational Trails grant application in the amount of $170,500 to the Iowa Department of Transportation for development of the Mines of Spain Trail and Trailhead Project. Upon motion the documents were received and filed and Resolution No. 170 -12 Authorizing State Recreational Trails Grant Appli- cation to Iowa Department of Transportation for development of the Mines of Spain Trail and Trailhead was adopted. RESOLUTION NO. 170 -12 AUTHORIZING STATE RECREATIONAL TRAILS GRANT APPLICATION TO IOWA DEPARTMENT OF TRANSPORTATION FOR DEVELOPMENT OF THE MINES OF SPAIN TRAIL AND TRAILHEAD Whereas, the Iowa Department of Transportation has allocated grant funds in the State Recreational Trails Program for the development of recreational trails and related amenities; and Whereas, the City of Dubuque has adopted the 2008 Comprehensive Plan which in- cludes objectives for enhanced accessibility for parks, trails, and open space, protection of scenic and cultural resources, and development of additional recreational trails. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor hereby is authorized to sign and the Planning Services Manag- er is hereby authorized to submit an application to the Iowa Department of Transporta- tion for a State Recreational Trails grant for the Mines of Spain Trail and Trailhead pro- ject. Section 2. That in the event said application is approved, the City Council hereby provides its written assurance that the completed project will be adequately maintained for its intended use in accordance with state requirements. Passed, approved and adopted this 2nd day of July, 2012. Attest: Kevin S. Firnstahl, City Clerk 3 Roy D. Buol, Mayor Code of Ordinances - Adoption of Supplement No. 9: City Clerk recommending adop- tion of Supplement No. 9 to the City of Dubuque Code of Ordinances, which adopts Or- dinance Nos. 21 -12, 22 -12, 23 -12, 24 -12, 25 -12, 29 -12, 31 -12 and 32 -12. Upon motion the documents were received and filed and Resolution No. 171 -12 Adopting Supple- ment No. 9 to the Code of Ordinances of the City of Dubuque, Iowa was adopted. RESOLUTION NO. 171 -12 ADOPTING SUPPLEMENT NO. 9 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance No. 43 -09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entire- ty; and Whereas, since August 17, 2009 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances; and Whereas, Section 380.8 of the Code of Iowa provides that supplements, by resolu- tion, become part of the Code of Ordinances. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 9 of the Code of Ordinances of the City of Dubuque, Iowa, covering Ordinances 21 -12, 22 -12, 23 -12, 24 -12, 25 -12, 29 -12, 31 -12 and 32 -12 passed by Council and enacted through May 7, 2012, prepared by the Sterling Codifi- ers, Inc., and filed in the Office of the City Clerk of the City of Dubuque, Iowa is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. Passed, approved and adopted this 2nd day of July, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Homelessness Prevention and Rapid Re- Housing program (HPRP) Amendment: City Manager recommending approval of Amendment Three to the Project Concern, Inc. Agreement for the Homelessness Prevention and Rapid Re- Housing Program. Upon motion the documents were received, filed, and approved. Improvement Contracts / Performance, Payment and Maintenance Bonds: Drew Cook & Sons Excavating for 2012 Brick Manhole Replacement Project No. 4; Horsfield Construction, Inc. for Ramona Street Panel Replacement Project; Winger Construction Company for deconstruction of 517 East 22nd Street. Upon motion the documents were received and filed. Signed Contracts: Racom Critical Communications for AVL Equipment Service Agreement and IP Video Service Support, Coca -Cola Beverage Agreement with the Leisure Services Department. Upon motion the documents were received and filed. Alcohol Compliance Civil Penalty for Alcohol License Holders - Baymont Inn & Suites: City Manager recommending approval of the Acknowledgment /Settlement Agreement for an alcohol compliance violation for Baymont Inn & Suites, 4025 McDon- ald Drive. Upon motion the documents were received, filed, and approved. 4 Alcohol and Tobacco License Applications: Alcohol and Tobacco License Applica- tions 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. 172 -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 Per- mits; and Resolution No. 173 -12 Approving applications for retail cigarette /tobacco sales permits, as required by Iowa Code 453A.47A were adopted. RESOLUTION NO. 172 -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. Colts Community Center Renewals Off Minor Paul's Tavern Fischer Lanes Rondavoo Special Events Monks Kaffee Pub Tri- States Chili Cook -Off Dubuque and All that Jazz (July 20, Aug. 17 and Sept. 7) Dubuque Jaycees, (Riverview BBQ) NEW 1101 Central Ave. 920 Main St. 176 Locust St. 880 Locust St. 1850 Central Ave. 373 Bluff St. 4th and Bluff St. Five Flags Center Alliant Energy Amphitheater Class C Liquor Class C Liquor (Sunday) Class C Liquor (Sunday) Class C Liquor (Sunday) Class C Liquor (Sunday) Class C Liquor (Outdoor) Class B Beer (Includes Wine Cool - ers)(Outdoor) Class B Beer (Includes Wine Coolers) Class B Beer (Includes Wine Cool - ers)Class C Native Wine Permit (On- Premise Native Wine)(Outdoor Service) Passed, approved and adopted this 2nd day of July, 2012. Attest: Kevin S. Firnstahl, City Clerk 5 Roy D. Buol, Mayor RESOLUTION NO. 173 -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. Dubuque Quick Stop Mart 1401 Central Ave Friendly Locust Mart 408 W Locust St Passed, approved and adopted this 2nd day of July, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk WP Investments, LLC — Acceptance of Deeds: City Attorney recommending the ac- ceptance of deeds for two properties on 16th Street from WP Investments, LLC related to the Bee Branch Creek Restoration Project. Upon motion the documents were re- ceived and filed and Resolution No. 174 -12 Accepting the deed to certain real estate in Dubuque County, Iowa from WP Investments, LLC (East 1/2 of Lot 252); and Resolution No. 175 -12 Accepting the deed to certain real estate in Dubuque County, Iowa from WP Investments, LLC (Tracs I, II & 111) were adopted. RESOLUTION NO. 174 -12 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IO- WA FROM WP INVESTMENTS, LLC Whereas, the City of Dubuque entered into an Agreement with WP Investments, LLC for the purchase of the following described real property in Dubuque County, Iowa: East 1/2 of Lot 252 in East Dubuque No. 2, all in the City of Dubuque, Dubuque County, Iowa according to the recorded Plat therof Whereas, the terms of the Agreement have now been met. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The City of Dubuque hereby accepts the Warranty Deed from WP Invest- ments, LLC attached hereto. Section 2. The City Clerk is hereby authorized and directed to record this Resolution and the Warranty Deed with the Dubuque County Recorder. Passed, approved and adopted this 2nd day of July, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 175 -12 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IO- WA FROM WP INVESTMENTS, LLC 6 Whereas, the City of Dubuque entered into an Agreement with WP Investments, LLC for the purchase of the following described real property in Dubuque County, Iowa: Tract 1: The West half of Lot 252 in East Dubuque No. 2, in the City of Dubuque, Io- wa according to the recorded plat thereof. Tract II: Lot 253 in East Dubuque No. 2, an Addition in the City of Dubuque, Iowa, according to the recorded plat thereof. Tract III: Lot 254 in East Dubuque No. 2, an Addition in the City of Dubuque, Iowa, according to the recorded plat thereof. Whereas, the terms of the Agreement have now been met. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The City of Dubuque hereby accepts the Warranty Deed from WP Invest- ments, LLC attached hereto. Section 2. The City Clerk is hereby authorized and directed to record this Resolution and the Warranty Deed with the Dubuque County Recorder. Passed, approved and adopted this 2nd day of July, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Resnick. Motion carried 4 -0. Theisen Supply, Inc.: City Manager recommending that a public hearing be re -set for July 16, 2012, to approve disposition of approximately 5.7 acres in the Dubuque Indus- trial Center West to Leo Theisen for the purpose of constructing an 80,000 square foot warehouse expansion. Upon motion the documents were received and filed and Reso- lution No. 176 -12 Resolution of Intent to dispose of an interest in City of Dubuque real estate and fixing the date for a public hearing of the City Council of The City Of Dubu- que, Iowa on the proposed issuance of Urban Renewal Tax Increment Revenue Obliga- tions and the execution of a Development Agreement relating thereto with Leo A. Theisen and Theisen Supply, Inc. and providing for the publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 16, 2012 in the Historic Federal Building. RESOLUTION NO. 176 -12 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE AND FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS AND THE EXECUTION OF A DEVEL- OPMENT AGREEMENT RELATING THERETO WITH LEO A. THEISEN AND THEISEN SUPPLY, INC AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property (the Property); and Lot 2 of 2 Dubuque Industrial Center West 5th Addition in the City of Dubuque, Iowa; and 7 Whereas, City and Leo A. Theisen and Theisen Supply, Inc. have entered into a De- velopment Agreement, subject to the approval of the City Council, a copy of which is now on file at the Office of the City Clerk, City Hall, 13th and Central Avenue, Dubuque, Iowa, pursuant to which City will convey the Property to Leo A. Theisen and Theisen Supply, Inc. as shown on Exhibit B attached hereto; and Whereas, the City Council has tentatively determined that it would be in the best in- terests of the City to approve the Development Agreement, including the conveyance of the Property to Leo A. Theisen; and Whereas, it is deemed necessary and advisable that City should authorize Urban Renewal Tax Increment Revenue obligations, as provided by Chapter 403 of the Code of Iowa, and to enter into the Development Agreement relating thereto for the purpose of carrying out an Urban Renewal Plan as hereinafter described; and Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and /or written objections from any resident or property owner of said City to such proposed action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the foregoing - described Property by Deed to Leo A. Theisen. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of the foregoing- described Property, to be held on the le day of July, 2012, at 6:30 o'clock p.m. in the City Council Chambers at the His- toric Federal Building, 350 W. 6th Street, Dubuque, Iowa. Section 3. The City Council will also meet at said time and place for the purpose of taking action on the matter of authorizing Urban Renewal Tax Increment Revenue obli- gations and the execution of the Development Agreement relating thereto with Leo A. Theisen and Theisen Supply, Inc. the proceeds of which obligations will be used to car- ry out certain of the special financing activities described in the Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, consisting of the funding of economic developments grants to Leo A. Theisen pursuant to the Development Agreement under the terms and conditions of said Urban Renewal Plan. It is expected that the aggregate amount of the Tax Increment Revenue obligations will be approxi- mately $375,000. Section 4. The Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a newspaper, printed wholly in the English language, pub- lished at least once weekly, and having general circulation in said City, said publication to be not less than four days nor more than twenty days before the date of said meeting on the issuance of said obligations. Section 5. That the notice of the proposed action to issue said obligations shall be in substantially the form attached hereto. Passed, approved and adopted this 2nd day of July, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Annexation Request - C3 Investments: City Manager recommending that a public hearing be set for July 16, 2012 on the annexation request of C3 Investments Trust for 8 0.063 acres of property on the south side of the City of Dubuque adjacent to Timber - Hyrst Subdivision. Upon motion the documents were received and filed and a public hearing was set for a meeting to commence at 6:30 p.m. on July 16, 2012 in the Historic Federal Building. Sewer Revenue Capital Loan Notes (Refunding Water Revenue Capital Loan Notes Series 2010C): City Manager recommending that a public hearing be set for July 16, 2012 on the proposition of issuing not to exceed $3,058,000 in Clean Water State Re- volving Fund Loan Notes to refund $3,058,000 Water Revenue Capital Loan Notes (Drinking Water State Revolving Loan Fund), Series 2010C for the City Wide Water Me- ter Replacement and Unmeasured Flow Reducer Installation Project. Upon motion the documents were received and filed and Resolution No. 177 -12 Fixing date for a meeting on the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $3,058,000 Sewer Revenue Capital Loan Notes of City of Dubuque, Iowa, and providing for publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 16, 2012 in the Historic Federal Building. RESOLUTION NO. 177 -12 FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AND DIS- BURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $3,058,000 SEWER REVENUE CAPITAL LOAN NOTES OF CITY OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF Whereas, it is deemed necessary and advisable that the City of Dubuque, Iowa should provide for the authorization of a Loan and Disbursement Agreement and the issuance of Sewer Revenue Capital Loan Notes, in the amount of not to exceed $3,058,000, as authorized by Sections 384.24A and 384.82, Code of Iowa, as amend- ed, for the purpose of providing funds to pay costs as hereinafter described; and Whereas, the City has applied for a loan through the Iowa Water Pollution Control Works Financing Program pursuant to which the Iowa Finance Authority has agreed to purchase the City's Notes and has requested that such Notes be issued as a single Note in a denomination equal to the total amount of the issue as authorized by Chapter 384 Code of Iowa; and Whereas, the Loan and Disbursement Agreement and Note shall be payable solely and only out of the net earnings of the Municipal Sewer System and shall be a first lien on the future net earnings of the Utility; and shall not be general obligations of the City or payable in any manner by taxation and the City shall be in no manner liable by rea- son of the failure of the net revenues to be sufficient for the payment of the Loan and Disbursement Agreement and Note; and Whereas, before a Loan and Disbursement Agreement may be authorized and Sew- er Revenue Capital Loan Notes issued to evidence the obligation of the City thereunder, it is necessary to comply with the provisions of the City Code of Iowa, as amended, and to publish a notice of the proposal and of the time and place of the meeting at which the Council proposes to take action for the authorization of the Loan and Disbursement Agreement and Notes and to receive oral and /or written objections from any resident or property owner of the City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this City Council meet in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at 6:30 P.M., on the 16th day of July, 2012, for the purpose of 9 taking action on the matter of the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $3,058,000 Sewer Revenue Capital Loan Notes to evidence the obligations of the City thereunder, the proceeds of which will be used to provide funds to pay the costs of refunding outstanding water obligation indebtedness of the City, consisting of the Water Revenue Capital Loan Notes, Series 2010C, dated February 12, 2010 so that the net revenues of the Municipal Sewer Utility may be used to pay 50% of the costs associated with the acquisition and installation of a fixed radio network water meter system. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of the Notes. Section 3. The notice of the proposed action shall be in substantially the following form: NOTICE OF MEETING OF THE CITY OF DUBUQUE, IOWA ON THE MATTER OF THE PROPOSED AUTHORIZATION OF A LOAN AND DISBURSEMENT AGREE- MENT AND THE ISSUANCE OF NOT TO EXCEED $3,058,000 SEWER REVENUE CAPITAL LOAN NOTES, AND THE PUBLIC HEARING ON THE AUTHORIZATION AND ISSUANCE THEREOF Public notice is hereby given that the City Council of the City of Dubuque, Iowa, will hold a public hearing on the 16th day of July, 2012, at 6:30 P.M., in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at which meeting the City Council pro- poses to take additional action for the authorization of a Loan and Disbursement Agreement by and between the City and the Iowa Finance Authority, and the issuance to the Iowa Finance Authority of not to exceed $3,058,000 Sewer Revenue Capital Loan Notes to evidence the obligations of the City under said Loan and Disbursement Agreement, in order to provide funds to pay the costs of refunding outstanding water obligation indebtedness of the City, consisting of the Water Revenue Capital Loan Notes, Series 2010C, dated February 12, 2010 so that the net revenues of the Munici- pal Sewer Utility may be used to pay 50% of the costs associated with the acquisition and installation of a fixed radio network water meter system. The Notes will not consti- tute general obligations or be payable in any manner by taxation, but will be payable from and secured by the net revenues of the Municipal Sewer System. At the above meeting the City Council shall receive oral or written objections from any resident or property owner of the City, to the above action. After all objections have been received and considered, the City Council will at this meeting or at any adjourn- ment thereof, take additional action for the authorization of said Loan and Disbursement Agreement and the issuance of Notes or will abandon the proposal to issue the Notes. This Notice is given by order of the City Council of the City of Dubuque, Iowa, as pro- vided by Sections 384.24A and 384.83, as amended. Passed and approved this 2nd day of July, 2012. Rick Jones, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk Sewer Revenue Capital Loan Notes (State Revolving Fund Sponsored Project): City Manager recommending that a public hearing be set for July 16, 2012 on the proposi- tion of issuing not to exceed $9,400,000 in Sewer Revenue Capital Loan Notes, (State Revolving Fund Sponsored Project). Upon motion the documents were received and 10 filed and Resolution No. 178 -12 Fixing date fora meeting on the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $9,400,000 Sewer Revenue Capital Loan Notes of the City of Dubuque, Iowa, and providing for publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 16, 2012 in the Historic Federal Building. RESOLUTION NO. 178 -12 FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AND DIS- BURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $9,400,000 SEWER REVENUE CAPITAL LOAN NOTES OF THE CITY OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF Whereas, it is deemed necessary and advisable that the City of Dubuque, Iowa should provide for the authorization of a Loan and Disbursement Agreement and the issuance of Sewer Revenue Capital Loan Notes, in the amount of not to exceed $9,400,000, as authorized by Sections 384.24A and 384.83, Code of Iowa, as amend- ed, for the purpose of providing funds to pay costs as hereinafter described; and Whereas, the City previously issued to the Iowa Finance Authority its $64,885,000 Sewer Revenue Capital Loan Notes, Series 2010E, dated August 18, 2010; and Whereas, Iowa Code section 384.82 permits the City to issue obligations secured by the net revenues of the sewer utility for projects, the definition of which includes a "water resource restoration project "; and Whereas, the Iowa Finance Authority has a new program which makes additional loan funds available for qualified watershed projects; and Whereas, the City has proposed its Bee Branch Watershed Green Infrastructure Pro- ject within the City limits for consideration as the pilot project under this new program, and is in the process of negotiating a 28E Agreement with the Dubuque Soil and Con- servation District for the purpose of administering watershed projects; and Whereas, pending approval of the Bee Branch Watershed Green Infrastructure Pro- ject, the City would seek to amend the Loan and Disbursement Agreement with Iowa Finance Authority for its Series 2010E Notes; and Whereas, the City has applied for a loan through the Iowa Water Pollution Control Works Financing Program pursuant to which the Iowa Finance Authority has agreed to purchase the City's Notes and has requested that such Notes be issued as a single Note in a denomination equal to the total amount of the issue as authorized by Chapter 384 Code of Iowa; and Whereas, the Loan and Disbursement Agreement and Note shall be payable solely and only out of the net earnings of the Municipal Sewer System and shall be a first lien on the future net earnings of the Utility; and shall not be general obligations of the City or payable in any manner by taxation and the City shall be in no manner liable by rea- son of the failure of the net revenues to be sufficient for the payment of the Loan and Disbursement Agreement and Note; and Whereas, before a Loan and Disbursement Agreement may be authorized and Sew- er Revenue Capital Loan Notes issued to evidence the obligation of the City thereunder, it is necessary to comply with the provisions of the City Code of Iowa, as amended, and to publish a notice of the proposal and of the time and place of the meeting at which the Council proposes to take action for the authorization of the Loan and Disbursement Agreement and Notes and to receive oral and /or written objections from any resident or property owner of the City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 11 DUBUQUE, IOWA: Section 1. That this City Council meet in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at 6:30 P.M., on the 16th day of July, 2012, for the purpose of taking action on the matter of the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $9,400,000 Sewer Revenue Capital Loan Notes to evidence the obligations of the City thereunder, the proceeds of which will be used to provide funds to pay the costs associated with the Bee Branch Watershed Green Infra- structure Project, including the construction and installation of permeable interlocking concrete pavement at approximately 42 alley and parking lot locations in the Bee Branch Watershed. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of the Notes. Section 3. The notice of the proposed action shall be in substantially the following form: NOTICE OF MEETING OF THE CITY OF DUBUQUE, IOWA ON THE MATTER OF THE PROPOSED AUTHORIZATION OF A LOAN AND DISBURSEMENT AGREE- MENT AND THE ISSUANCE OF NOT TO EXCEED $9,400,000 SEWER REVENUE CAPITAL LOAN NOTES, AND THE PUBLIC HEARING ON THE AUTHORIZATION AND ISSUANCE THEREOF Public notice is hereby given that the City Council of the City of Dubuque, Iowa, will hold a public hearing on the 16th day of July, 2012, at 6:30 P.M., in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at which meeting the City Council pro- poses to take additional action for the authorization of a Loan and Disbursement Agreement by and between the City and the Iowa Finance Authority, and the issuance to the Iowa Finance Authority of not to exceed $9,400,000 Sewer Revenue Capital Loan Notes to evidence the obligations of the City under said Loan and Disbursement Agreement, in order to provide funds to pay the costs associated with the Bee Branch Watershed Green Infrastructure Project, including the construction and installation of permeable interlocking concrete pavement at approximately 42 alley and parking lot lo- cations in the Bee Branch Watershed. The Notes will not constitute general obligations or be payable in any manner by taxation, but will be payable from and secured by the net revenues of the Municipal Sewer System. The proposed Notes, if and when issued, will be combined with the outstanding Sewer Revenue Capital Loan Notes, Series 2010E, under a single loan agreement with the Iowa Finance Authority. At the above meeting the City Council shall receive oral or written objections from any resident or property owner of the City, to the above action. After all objections have been received and considered, the City Council will at this meeting or at any adjourn- ment thereof, take additional action for the authorization of said Loan and Disbursement Agreement and the issuance of Notes or will abandon the proposal to issue the Notes. This Notice is given by order of the City Council of the City of Dubuque, Iowa, as pro- vided by Sections 384.24A and 384.83, as amended. Passed and approved this 2nd day of July, 2012. Attest: Kevin S. Firnstahl, City Clerk 12 Rick Jones, Mayor Pro Tem BOARDS /COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards /Commissions: Building Code Boards of Appeals: Two 3 -year terms through August 1, 2015 (Expir- ing at -large term of Luchsinger and ADA term of Cruise). Applicants: Marla Cruise, 905 Rockdale Road (ADA Representative); and Richard Luchsinger, 2875 Brueck Road (At- Large) Zoning Board of Adjustment: One 5 -year term through March 25, 2017 (Expiring term of Gibbs). Applicant: William J. Gibbs, 440 S. Grandview Avenue. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. Holliday Third Addition - Vacate of Sanitary Sewer: Proof of publication on notice of public hearing to consider request from James Kaune of IIW, PC requesting the vacat- ing of a sanitary sewer easement in the Holliday Third Addition and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 179 -12 Disposing of City interest in a sanitary sewer easement over and across Lot 7 and Lot 2 of 8 in Holliday Third Addition in the City of Dubuque, Dubuque County, Iowa; and Resolution No. 180 -12 Release of sanitary sewer easement over and across Lot 7 and Lot 2 of 8 in Holliday Third Addition in the City of Dubuque, Dubuque County, Iowa. Seconded by Braig. Motion carried 4 -0. RESOLUTION NO. 179 -12 DISPOSING OF CITY INTEREST IN A SANITARY SEWER EASEMENT OVER AND ACROSS LOT 7 AND LOT 2 OF 8 IN HOLLIDAY THIRD ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 22nd day of June, 2012, the City Council of the City of Dubuque, Iowa met on the 2nd day of July, 2012, at 6:30 p.m. in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, to consider the disposal of City interest in a sanitary sewer easement over and across real estate described as: Lot 7 and Lot 2 of 8 of Holliday Third Addition in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written, to the proposal to dispose of City interest in said easement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the release of City of Dubuque interest in a sanitary sewer easement over and across real property described as Lot 7 and Lot 2 of 8 of Holliday Third Addi- tion in the City of Dubuque, Dubuque County, Iowa, to WBBW Holliday Development, LLC be and the same is hereby approved for the cost of publication and filing fees. Section 2. That the Mayor be authorized and directed to execute a Release of Sani- tary Sewer Easement, and the City Clerk be and is hereby authorized and directed to deliver said Release to WBBW Holliday Development, LLC upon receipt of the publica- 13 tion and filing fees. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Re- corder and Dubuque County Auditor. Passed, approved and adopted this 2nd day of July, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 180 -12 RELEASE OF SANITARY SEWER EASEMENT OVER AND ACROSS LOT 7 AND LOT 2 OF 8 IN HOLLIDAY THIRD ADDITION IN THE CITY OF DUBUQUE, DUBU- QUE COUNTY, IOWA Whereas, the plat of Holliday Third Addition in the City of Dubuque, Iowa, was filed in the office of the Recorder of Dubuque County, Iowa, as File No. 10797 -04; and Whereas, by said plat, the proprietors indicated that the sanitary sewer easements across Lots 7 and 8 of Holliday Third Addition is to be vacated upon the extension of Holliday Drive and final acceptance of the public improvements set forth on said Final Plat and improvement plans; and Whereas, the City Council accepted said improvements in Holliday Third Addition on June 18, 2012, by Resolution No. 157 -12. NOW, THEREFORE, for valuable consideration, the undersigned, City of Dubuque, Iowa does hereby forever release, vacate, abandon, and discharge the sanitary sewer easement over and across Lot 7 and Lot 2 of 8 of Holliday Third Addition in the City of Dubuque, Iowa, as shown on plats recorded as File Nos. 10797 -04 and 10877 -04 in the office of the Dubuque County Recorder, to WBBW Holliday Development, LLC; howev- er, this Release in no way releases, vacates, abandons, or discharges any other ease- ment shown on the Final Plat of Holliday Third Addition in the City of Dubuque, Iowa, filed in the office of the Recorder of Dubuque County, Iowa, as File No. 10797 -04. Passed, approved and adopted this 2nd day of July, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Holliday Third Addition - Vacate of Storm Sewer Easement: Proof of publication on notice of public hearing to consider a request from Nick Lange of Buesing & Associates for the vacating and relocation of a storm sewer easement in the Holliday Third Addition and the City Manager recommending approval. Motion by Braig to receive and file the documents and adopt Resolution No. 181 -12 Approving plat of storm sewer easement; Resolution No. 182 -12 Disposing of City interest in a storm sewer easement on Lot 1 of Holliday Third Addition in the City of Dubuque, Dubuque County, Iowa; and Resolution No. 183 -12 Release of storm sewer easement over Lot 1 Holliday Third Addition in the City of Dubuque, Dubuque County, Iowa. Seconded by Resnick. Motion carried 4 -0. RESOLUTION NO. 181 -12 RESOLUTION APPROVING PLAT OF STORM SEWER EASEMENT Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated May 24, 2012 prepared by Buesing and Associates, Inc., describing the proposed vacating and dedication of a storm sewer easement on Lot 1 of Holliday Third Addition in the City of Dubuque, Dubuque County, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. 14 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated May 24, 2012 prepared by Buesing and Associates, Inc. relative to the real estate hereinabove described be and the same is hereby ap- proved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 2nd day of July, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 182 -12 DISPOSING OF CITY INTEREST IN A STORM SEWER EASEMENT ON LOT 1 OF HOLLIDAY THIRD ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 22nd day of June, 2012, the City Council of the City of Dubuque, Iowa met on the 2nd day of July, 2012, at 6:30 p.m. in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, to consider the disposal of City interest in a storm sewer easement over and across real estate described as: Lot 1 of Holliday Third Addition in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the proposal to dispose of City interest in said easement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the release of City of Dubuque interest in a storm sewer easement over and across real property described as Lot 1 of Holliday Third Addition in the City of Dubuque, Dubuque County, Iowa, to Gomer Holliday Development, LLC be and the same is hereby approved for the cost of publication and filing fees, with the owner agreeing to pay the cost to relocate the storm sewer as shown on an approved site plan. Section 2. That the Mayor be authorized and directed to execute a Release of Storm Sewer Easement, and the City Clerk be and is hereby authorized and directed to deliver said Release to Gomer Holliday Development, LLC upon receipt of the publication and filing fees and relocation of the storm sewer. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Re- corder and Dubuque County Auditor. Passed, approved and adopted this 2nd day of July, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 183 -12 RELEASE OF STORM SEWER EASEMENT OVER LOT 1 HOLLIDAY THIRD ADDI- TION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, the plat of Holliday Third Addition in the City of Dubuque, Iowa, was filed in 15 the office of the Recorder of Dubuque County, Iowa, as File No. 10797 -04; and Whereas, the Developer of the Lot 1 of Holliday Third Addition, Gomer Holliday De- velopment, LLC, has agreed to relocate an existing storm sewer located thereon; and Whereas, the storm sewer easement designated on said Lot 1 will no longer be re- quired after said relocation. NOW, THEREFORE, for valuable consideration, the undersigned, City of Dubuque, Iowa does hereby forever release, vacate, abandon, and discharge the storm sewer easement over Lot 1 Holliday Third Addition in the City of Dubuque, Iowa, as shown on the final plat of Holliday Third Addition recorded as File No. 10797 -04 in the office of the Dubuque County Recorder, to Gomer Holliday Development, LLC; however, this Re- lease in no way releases, vacates, abandons, or discharges any other easement shown on the Final Plat of Holliday Third Addition in the City of Dubuque, Iowa, filed in the of- fice of the Recorder of Dubuque County, Iowa, as File No. 10797 -04. Passed, approved and adopted this 2nd day of July, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk North End Trail Lighting Project: Proof of publication on notice of public hearing to approve the plans and specifications, estimated cost and form of contract for the North End Trial Lighting Project and the City Manager recommending approval. Motion by Braig to receive and file the documents and adopt Resolution No. 184 -12 Approval of plans and specifications, form of contract and estimated cost for the North End Neigh- borhood Trial Lighting Project. Seconded by Resnick. Leisure Services Manager Marie Ware provided a description of the lighting stating that it pertained to the City portion of the off - street section of the trail. Motion carried 4 -0. RESOLUTION NO. 184 -12 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT- ED COST FOR THE NORTH END NEIGHBORHOOD TRAIL LIGHTING PROJECT 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 North End Neighborhood Trail Lighting Project, in the estimated amount $145,000 are hereby approved. Passed, adopted and approved this 2nd day of July, 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 Request for Closed Session: City Manager requesting a closed session for Monday, July 16, at 5:30 p.m. to discuss legal matters and rescheduling the tour of the Water & Resource Recovery Center that was scheduled for July 16, to Monday, August 20, at 4:30 p.m. Motion by Lynch to receive and file the documents and set the closed session as requested. Seconded by Resnick. Motion carried 4 -0. COUNCIL MEMBER REPORTS 16 Council Member Resnick made special note of the Aida Kaufman exhibit at the Dubuque Museum of Art and the dedicated Dragon Boat team, which he experienced at the recent Water Trail ribbon cutting. There being no further business, upon motion the City Council adjourned at 6:43 p.m. /s /Kevin S. Firnstahl City Clerk 17