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10 3 11 City Council Proceedings OfficialCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in regular session on October 3, 2011 at 6:30 p. m. in the Historic Federal Building. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sutton; City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session called for the purpose of dis- cussing such matters which may properly come before the City Council. Pledge of Allegiance Invocation was provided by Sr. Michelle Balek, OSF, Sisters of St. Francis. SWEARING -IN City Clerk Kevin S. Firnstahl Mayor Buol introduced Ian Fitzgibbon and Greg Bruce of the International City /County Man- agers Association (ICMA) Fellowship Exchange program from Australia. Mr. Fitzgibbon and Mr. Bruce each spoke of their experiences while in Dubuque. PRESENTATIONS Iowa League of Cities All -Star Community Award — Unified Development Code was pre- sented to Mayor Buol by Planning Services Manager Laura Carstens. A brief video from the Iowa League of Cities was presented. Preservation Iowa Award — Historic Shot Tower was presented to Mayor Buol by Planning Services Laura Carstens. PROCLAMATIONS White Cane Safety Day (October 15, 2011) was accepted by Bob Nesler, President of the Dubuque Association for the Blind, 1200 S. Grandview Avenue, and on behalf of the Tri -State Blind Society; Trick -or -Treat Night (October 31, 2011) was accepted by Mayor Buol; Arts and Humanities Month (October 2011) was accepted by Geri Shafer, Chairperson, Arts and Cultur- al Affairs Advisory Commission; Make a Will Month (October 2011) was accepted by Library Director Susan Henricks on behalf of the Make a Will Committee. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Connors. Motion carried 7 -0. Minutes and Reports Submitted: City Council Proceedings of 9/19, Civil Service of 9/8, His- toric Preservation Commission of 9/15, Historic Preservation Education Task Force of 9/7, Housing Commission of 8/23, Long Range Planning Advisory Commission of 9/21, Mechanical Board of 8/11, Transit Advisory Board of 9/8, Zoning Board of Adjustment of 9/22 Proofs of Publication for City Council Proceedings of September 6 and 12, 2011 Proof of Publication for List of Claims and Summary of Revenues for Month Ending July 31, 2011 Upon motion the documents were received and filed. Notice of Claims /Suits: Terry Cook for vehicle damage, Brenda Henry for property damage, Timothy McElligott for vehicle damage, and Tressa Tracy for vehicle damage. Upon motion the documents were received, filed and referred to the City Attorney. City Attorney advising that the following claims have been referred to Public Entity Risk Ser- vices of Iowa, the agent for the Iowa Communities Assurance Pool: Terry Cook for vehicle damage, Brenda Henry for vehicle damage, Timothy McElligott for vehicle damage, and Tressa Tracey for vehicle damage. Upon motion the documents were received, filed and con- curred. US 52 / Central Avenue Traffic Improvements — Project Acceptance: City Manager recom- mending acceptance of the construction contract for the US 52 Traffic Flow Enhancement Pro- ject as completed by Portzen Construction, Inc., in the final contract amount of $966,332.96. Upon motion the documents were received and filed and Resolution No. 326 -11 Accepting the US 52 Traffic Flow Enhancement Project and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 326 -11 ACCEPTING THE US 52 TRAFFIC FLOW ENHANCEMENT PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the US 52 Traffic Flow Enhancement Project has been completed and the City Engineer has examined the work and filed a certificate stat- ing that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends 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 US 52 Traf- fic Flow Enhancement Capital Improvement Project for the contract amount of $966,332.96 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 3rd day of October, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE US 52 TRAFFIC FLOW ENHANCEMENT PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the US 52 Traffic Flow Enhancement Project, 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 $1,251,951.19. 2 Dated this 27th day of September, 2011. Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 28th day of September, 2011. Kevin S. Firnstahl, City Clerk Bee Branch Creek Restoration Project — Acquisition of 511 E. 22nd Street: City Manager recommending approval to purchase property required for the Bee Branch Creek Restoration Project at 511 E. 22nd Street owned by David A. and Sarah J. Maus for the appraised value of $50,000. Upon motion the documents were received and filed and Resolution No. 327 -11 Ap- proving the acquisition of real estate owned by David A. and Sarah J. Maus in the City of Dubuque was adopted. RESOLUTION NO. 327 -11 APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY DAVID A. AND SARAH J. MAUS IN THE CITY OF DUBUQUE Whereas, the City of Dubuque intends to acquire certain properties located in the area of the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended in the 2001 "Drainage Basin Master Plan;" and Whereas, a purchase agreement has been finalized with the owners of the property sched- uled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally described property: Northeasterly % of Lot 3 in Sanford's Subdivision in the City of Dubuque, Iowa, according to the recorded plat thereof, County of Dubuque, State of Iowa At the cost of Fifty Thousand and 00/100 Dollars ($50,000.00). Section 2. That the City of Dubuque be and is hereby authorized to accept a Warranty Deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the herein de- scribed real estate. Section 3. That the City Clerk be and is hereby authorized and directed to cause said War- ranty Deed to be recorded in the office of the Dubuque County Recorder, together with certi- fied copy of the Resolution. Section 4. That the City Clerk be and is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 3rd day of October, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Seventh Street Retaining Wall — Emergency Repair Authorization: City Manager recom- mending authorizing emergency repairs to the retaining wall along 7th Street and the associat- ed street pavement. Upon motion the documents were received and filed and Resolution No. 328 -11 Authorizing emergency repairs to the retaining wall on 7th Street and associated street pavement was adopted. 3 RESOLUTION NO. 328 -11 RESOLUTION AUTHORIZING EMERGENCY REPAIRS TO THE RETAINING WALL ON 7TH STREET AND ASSOCIATED STREET PAVEMENT Whereas, a public retaining wall adjacent to 7th Street has failed and has damaged the pavement on 7th Street as the result of the wall failure; and Whereas, Iowa Code § 384.103 provides that when emergency repair of a public improve- ment is necessary and the delay of advertising and a public letting might cause serious loss or injury to the city, the governing body shall, by resolution, make a finding of the necessity to in- stitute emergency proceedings and shall procure a certificate from a competent registered pro- fessional engineer or architect, not in the regular employ of the city, certifying that emergency repairs are necessary, and that in that event the governing body may contract for emergency repairs without holding a public hearing and advertising for bids; and Whereas, Iowa Code § 364.12(3)(c) provides that a city may require the removal, repair, or dismantling of a dangerous structure and if the property owner does not perform the action, in an emergency a city may perform the action and assess the costs to the property owner. Whereas, the City Council finds that the condition of the retaining wall is a dangerous struc- ture and constitutes an emergency and that an emergency repair of the retaining wall and ad- joining public street supported by the retaining wall is necessary and the delay of advertising and a public letting might cause serious loss or injury to the city; and Whereas, the City has procured a certificate from a competent professional engineer regis- tered in the State of Iowa, not in the regular employ of the City, certifying that emergency re- pairs to the retaining wall and street are necessary. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council finds that it is necessary to institute emergency proceedings to repair the retaining wall along 7th Street including the associated street pavement portion. Section 2. The City Manager is hereby authorized to proceed with instituting such emergen- cy repairs as provided by law. Passed, adopted and approved this 3rd day of October, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Madison Street Retaining Wall — Emergency Repair Authorization: City Manager recom- mending authorization for the emergency repair of the Madison Street retaining wall and asso- ciated street pavement and sidewalk portions. Upon motion the documents were received and filed and Resolution No. 329 -11 Authorizing emergency repairs to the retaining wall on Madi- son Street and the associated street pavement and sidewalk portions was adopted. RESOLUTION NO. 329 -11 RESOLUTION AUTHORIZING EMERGENCY REPAIRS TO THE RETAINING WALL ON MADISON STREET AND THE ASSOCIATED STREET PAVEMENT AND SIDEWALK POR- TIONS Whereas, a public retaining wall adjacent to Madison Street has failed and has damaged the pavement and sidewalk portions along Madison Street as a result of the wall failure; and Whereas, Iowa Code § 384.103 provides that when emergency repair of a public improve- ment is necessary and the delay of advertising and a public letting might cause serious loss or injury to the city, the governing body shall, by resolution, make a finding of the necessity to in- stitute emergency proceedings and shall procure a certificate from a competent registered pro- fessional engineer or architect, not in the regular employ of the city, certifying that emergency 4 repairs are necessary, and that in that event the governing body may contract for emergency repairs without holding a public hearing and advertising for bids; and Whereas, Iowa Code § 364.12(3)(c) provides that a city may require the removal, repair, or dismantling of a dangerous structure and if the property owner does not perform the action, in an emergency a city may perform the action and assess the costs to the property owner. Whereas, the City Council finds that the condition of the retaining wall is a dangerous struc- ture and constitutes an emergency and that an emergency repair of the retaining wall and ad- joining public street supported by the retaining wall is necessary and the delay of advertising and a public letting might cause serious loss or injury to the city; and Whereas, the City has procured a certificate from a competent professional engineer regis- tered in the State of Iowa, not in the regular employ of the City, certifying that emergency re- pairs to the retaining wall and street are necessary. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council finds that it is necessary to institute emergency proceedings to repair the retaining wall along Madison Street including the associated street pavement and sidewalk portions. Section 2. The City Manager is hereby authorized to proceed with instituting such emergen- cy repairs as provided by law. Passed, adopted and approved this 3rd day of October, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Southwest Arterial / U.S. Highway 20 Traffic Capacity Improvement Study: City Manager recommending approval for the Mayor to execute the Iowa Department of Transportation Funding Agreement for the Southwest Arterial / U.S. Highway 20 Traffic Capacity Improvement Study. Upon motion the documents were received and filed and Resolution No. 330 -11 Ap- proving the Iowa Department of Transportation Funding Agreement (Agreement No. 2012 -16- 011) for the Southwest Arterial / U.S. Highway 20 Traffic Capacity Improvement Study was adopted. RESOLUTION NO. 330 -11 APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT (AGREEMENT NO. 2012 -16 -011) FOR THE SOUTHWEST ARTERIAL / U.S. HIGHWAY 20 TRAFFIC CAPACITY IMPROVEMENT STUDY Whereas, the City of Dubuque (City) in joint partnership with the Iowa Department of Trans- portation (Iowa DOT) have agreed to initiate a Traffic Capacity Improvement Location Study (Project No. NHSN -20 -9 (215)-- 2R -31) along U.S. Highway 20, between the Southwest Arterial / Seippel Road interchange and the Northwest Arterial within Dubuque County, Iowa; and Whereas, the Iowa DOT will be the lead agency for the study per the terms of the funding agreement; and Whereas, the Iowa DOT will fund 50% of the projected study cost and the City will fund the remaining 50 %. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said Funding Agreement (Agreement No. 2012 -16 -011) between the City of Dubuque and the Iowa Department of Transportation be approved for the Southwest Arterial / U.S. Highway 20 Traffic Capacity Improvement Study in Dubuque. 5 Section 2. That the Mayor be authorized and directed to execute two copies of Iowa DOT Funding Agreement (Agreement No. 2012 -16 -011) for the Southwest Arterial / U.S. Highway 20 Traffic Capacity Improvement Study in Dubuque. Passed, approved and adopted this 3rd day of October, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Terracon Consultants, Inc. — Monitoring Well Installations: City Manager recommending ap- proval to execute a License Agreement for Site Assessments for the monitoring well installa- tion on City property located at 25 Main Street by Terracon Consultants, Inc. Upon motion the documents were received, filed and Resolution No. 342 -11 Authorizing license agreement for site assessment between the City of Dubuque and Terracon Consultants, Inc., to install moni- toring wells on public right -of -way at 25 Main Street was adopted. RESOLUTION NO. 342 -11 AUTHORIZING LICENSE AGREEMENT FOR SITE ASSESSMENT BETWEEN THE CITY OF DUBUQUE AND TERRACON CONSULTANTS, INC. TO INSTALL MONITORING WELLS ON PUBLIC RIGHT -OF -WAY AT 25 MAIN STREET Whereas, Terracon Consultants, Inc., (Terracon) on behalf of Phillip Services Corporation (PSC) and Earthgrains Baking Companies (Earthgrains), has requested permission from the City of Dubuque to install four monitoring wells on City right -of -way 25 Main Street including Main, Harrison and Jones Streets in Dubuque, Iowa, for the purpose of evaluating impacted groundwater that may be associated with the previously removed diesel tanks; and Whereas, the License Agreement for Site Assessment has been prepared outlining the re- sponsibilities of Terracon for the installation of monitor wells and in the performance of water sampling on public right -of -way; and Whereas, the performance of the activities of Terracon will be at no cost or expense to the City, and all work will be performed by Terracon, or its employees, agents or subcontractors; and Whereas, it is the desire of the City Council to approve said License Agreement for Site As- sessment for the installation of monitoring wells in the public right -of -way as requested. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The License Agreement for Site Assessment be and the same is hereby ap- proved. Section 2. That the Mayor be and is hereby authorized to execute said License Agreement for and on behalf of the City Council. Passed, approved and adopted this 3rd day of October, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Historic Preservation Commission — 1699 Iowa Street: Communication from the Historic Preservation Commission recommending City Council approval of a request to replace a sec- tion of damaged limestone curb with concrete steps along W.17th Street adjacent to property at 1699 Iowa Street. Upon motion the documents were received, filed, and approved. Smart Planning Consortium Update: City Manager transmitting an update on the August 10, August 24 and September 14, 2011 Smart Planning Consortium meetings; and minutes of the 6 August 10 and August 24, 2011 meetings including Land Use Goals and Objectives, and Community Population Projections. Upon motion the documents were received and filed. Safe Routes to School — Project Funding: City Manager recommending approval to file an application with the Iowa Department of Transportation for a Safe Routes to School Infrastruc- ture Grant to fund durable, high - visibility crosswalks at 44 school locations for a total project cost of $163,760. Upon motion the documents were received and filed and Resolution No. 331 -11 Authorizing the filing of an application with the Iowa Department of Transportation for Safe Routes to School Infrastructure Grant funding for the City of Dubuque was adopted. RESOLUTION NO. 331 -11 AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR SAFE ROUTES TO SCHOOL INFRASTRUCTURE GRANT FUNDING FOR THE CITY OF DUBUQUE Whereas, pedestrian /motorist safety could be improved in City of Dubuque school zones by traffic control devices; and Whereas, the City of Dubuque has determined that improvements to school zones, as rec- ommended by the Safe Routes to School Master Plan and Committee Members (City, County, ECIA, Dubuque Community School District, and Holy Family School Representatives) will im- prove pedestrian and motorist safety; and Whereas, the Iowa Department of Transportation provides, on a competitive basis, funds for school zones that address pedestrian /motorist safety improvements; and Whereas, the City of Dubuque is willing to be responsible for maintaining and operating the public improvements for a minimum of 10 years. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Section 1. The City makes application to the Iowa Department of Transportation for funds through the Safe Routes to School Infrastructure Grant Program to fund the improvements at school locations identified by the Safe Routes to School Master Plan. Passed, approved and adopted this 3rd day of October, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Safe Routes to School — Infrastructure Grant: City Manager transmitting a letter of support for the City of Dubuque's application for the Safe Routes to School Infrastructure Grant. Upon motion the document was received and filed. Safe Routes to School — Non - Infrastructure Grant: City Manager transmitting a letter of sup- port for the City of Dubuque's application for the Safe Routes to School Non - Infrastructure Grant. Upon motion the document was received and filed. Dubuque Police Protective Association: City Manager transmitting information on the arbi- tration awarded to the Dubuque Police Protective Association. Upon motion the documents were received and filed. Special Assessment — 1906 Catherine Street: City Manager recommending approval to es- tablish a lien in the amount of $2,873.61 against Tammy Parker, 1906 Catherine Street, for non - payment of a Settlement Order. Upon motion the documents were received and filed and Resolution No. 332 -11 Adopting the Schedule of Special Assessment for a lien against the 7 property and directing the City Clerk to certify the Schedule of Assessment to the County Treasurer and to publish notice thereof was adopted. RESOLUTION NO. 332 -11 ADOPTING THE SCHEDULE OF SPECIAL ASSESSMENT FOR A LIEN AGAINST THE PROPERTY AND DIRECTING THE CITY CLERK TO CERTIFY THE SCHEDULE OF AS- SESSMENT TO THE COUNTY TREASURER AND TO PUBLISH NOTICE THEREOF NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the Schedule of Assessments attached hereto for non- payment of Court order payments assessments which Schedule of Assessments was filed in the office of the City Clerk on the 28th day of September, 2011, the said Schedule of Assess- ments be and the same is hereby approved and adopted. That there be, and is hereby assessed and levied as a lien upon the real property, the re- spective sums indicated. That the City Clerk be and is hereby directed to certify said schedule to the County Treasur- er of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the final schedule. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the Utility Billing Office, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after the date of the first publication of the notice of the filing of the Schedule of Assessments with the County Treasur- er. After 30 days, unpaid assessments are payable at the County Treasurer's Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and charges shall be collected in the same manner as general property taxes against the respective parcels of the property set opposite the name of the property owner. Passed, approved and adopted this 3rd day of October, 2011. Roy D. Buol, Mayor Attest, Kevin Firnstahl, City Clerk Washington Neighborhood — Housing Trust Fund Application: City Manager recommending approval of a grant application to the Iowa Finance Authority for $132,637 for continued sup- port for homeownership activities in the Washington Neighborhood. Upon motion the docu- ments were received and filed and Resolution No. 333 -11 Approving commitment of matching funds for an application to the Iowa Finance Authority (IFA) for State Housing Trust funds was adopted. RESOLUTION NO. 333 -11 APPROVING COMMITMENT OF MATCHING FUNDS FOR AN APPLICATION TO THE IOWA FINANCE AUTHORITY (IFA) FOR STATE HOUSING TRUST FUNDS Whereas, the Iowa Finance Authority has recognized Dubuque's Housing Trust Fund Com- mittee as a certified Local Housing Trust Fund; and Whereas, IFA has made funding available in state -wide competition to local trust funds for State Housing Trust Fund grants, in amounts based on population size; and Whereas, a 25% local match is required for receipt of a funding award; and 8 Whereas, the Housing Trust Fund Committee has authorized an application to IFA for a Housing Trust Fund award, in the amount of $132 637; and Whereas, General Funds committed to the Washington Neighborhood revitalization initiative are available in the current year Housing Department budget in sufficient amount to meet the matching funds requirement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves commitment of $33 500 in current year General Funds as a match to the application for IFA State Housing Trust Funds. Section 2. That the Housing Trust Fund Committee, in accordance with Sec. 2 -5D -7 of the Code of Ordinances, shall have final authority to direct how such funds shall be used in sup- port of revitalization activities in the Washington Neighborhood. Passed, approved and adopted this 3rd day of October, 2011. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk Shelter Plus Care Program: City Manager recommending approval of a renewal application to the US Department of Housing and Urban Development (HUD) for administration of the Shelter Plus Care Program. Upon motion the documents were received, filed, and approved. Hillcrest Family Services: City Manager recommending approval of a Usage Agreement with Hillcrest Family Services for the use of Murphy Park from October 30, 2011 through January 10, 2012 to set up a holiday light display. Upon motion the documents were received, filed, and approved. Assistance to Firefighters Grant: City Manager recommending approval to apply for the 2011 Assistance to Firefighters Grant in the amount of $204,000 for a video conferencing sys- tem (telepresence) for all six fire stations and the Training Center /EOC. Upon motion the doc- uments were received, filed, and approved. Civil Service Commission: Civil Service Commission submitting the Certified Lists for the positions of Assistant Horticulturalist, Equipment Operator II, and Landfill Equipment Operator. Upon motion the documents were received, filed and made a Matter of Record. September 8, 2011 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of As- sistant Horticulturist was administered on August 16, 2011. We hereby certify that the individ- uals listed below have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. 9 Assistant Horticulturist 1. Joel Leach 2. James Sparrgrove 3. Brian Dorch 4. Katherine Eldridge- Hutton 5. Lucas Gonyier 6. James Bowden 7. Barbara Liska 8. Tracy Heuschel 9. Mark Meyer 10. Jakob Popp 11. Chris Turtschen 12. Jeffrey Carney 13. Matt Lansing 14. BreAnn Nesteby 15. Zachary Schueller 16. Kelly Goosen 17. Jay White Respectfully submitted, Jim Schilling Betty Takes, Civil Service Commission September 8, 2011 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Equipment Operator II was administered on August 22, 2011. We hereby certify that the indi- viduals listed below have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. Equipment Operator II 1. Gary Valentine 2. Mark Meyer 3. Paul Dement 4. Jerome Ben 5. Matt Cooper 6. David Healey Respectfully submitted, Jim Schilling Betty Takes, Civil Service Commission September 8, 2011 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Landfill Equipment Operator was administered on August 10, 2011. We hereby certify that the individuals listed below have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. 10 Landfill Equipment Operator 1. John Kruse 2. James Sparrgrove 3. Timothy Neuhaus 4. Shannon Clark 5. Daniel Mayne 6. Paul Schreier 7. Jay Valentine 8. Brian Digman 9. Michael Gruber 10. Patrick Donovan 11. Jesse Kremer 12. Charles Thomas 13. Daniel Waller 14. William Gansen 15. Brad Petitgout 16. Allen Polfer 17. Greg Griffin Respectfully submitted, Jim Schilling Betty Takes, Civil Service Commission Workers' Compensation Compromise Settlements: City Attorney requesting approval for the City Manager to execute two Compromise Settlements of Workers' Compensation claims for Terry K. Dolan. Upon motion the documents were received, filed, and approved. Sustainable Dubuque — Project Status Report: City Manager transmitting the Sustainable Dubuque Project Status Report for September 2011. Upon motion the documents were re- ceived and filed. Plastic Center, Inc. — First Amendment to Development Agreement: City Manager recom- mending approval of the First Amendment to the Development Agreement with Plastic Center, Inc., on the properties located at 426 W. 5th Street and 951, 955, and 957 Main Street in down- town Dubuque. The First Amendment to the Development Agreement extends the deadline for completion of construction from October 31, 2011 to April 30, 2012. Upon motion the docu- ments were received and filed and Resolution No. 334 -11 Approving the First Amendment to the Plastic Center, Inc., Development Agreement was adopted. RESOLUTION NO. 334 -11 APPROVING THE FIRST AMENDMENT TO THE PLASTIC CENTER, INC. DEVELOPMENT AGREEMENT Whereas, a Development Agreement (the Agreement), dated February 7, 2011, was en- tered into by and between the City of Dubuque, a municipal corporation of the State of Iowa (City), and Plastic Center, Inc. (Developer); and Whereas, City and Plastic Center, Inc. now desire to amend the Development Agreement as set forth attached First Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the First Amendment of the Plastic Center, Inc. Development Agreement is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute said First Amend- ment on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. 11 Section 3. That the City Manager is authorized to take such actions as are necessary to im- plement the terms of the First Amendment as herein approved. Passed, approved and adopted this 3rd day of October, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Dubuque Regional Airport — Reappropriation of Funds: City Manager recommending ap- proval to reallocate CIP funds to pay for the removal and replacement of the existing roof of the University of Dubuque hangar ($45,640) and the current furnace and air conditioning unit for the Fixed Base Operation area of the Jet Center Building ($11,517). Upon motion the doc- uments were received, filed, and approved. Acting Lead Public Safety Dispatcher — Collective Bargaining Amendment: City Manager recommending approval of an amendment to the Collective Bargaining Agreement with the In- ternational Union of Operating Engineers Local #234, which provides for an additional $1.00 per hour of compensation to a public safety dispatcher who is placed in charge of a shift when there is no lead public safety dispatcher on duty. Upon motion the documents were received, filed, and approved. Iowa Mississippi River Parkway Commission: City Manager transmitting the Iowa Mississip- pi River Parkway Commission Annual Report from August 2011. Upon motion the document was received and filed. Alcohol Compliance — Civil Penalties for Alcohol License Holders - Bandana's Bar -B -Q: City Manager recommending approval of the Acknowledgement / Settlement Agreement for an al- cohol compliance violation for Bandana's Bar -B -Q. Upon motion the documents were received, filed, and approved. Liquor License Refunds: Casey's General Store Nos. 2420 and 2421 requesting a refund on Class "C" Beer Permit with Native Wine License Nos. BC00274551 and BC007452 each in the amount of $56.25. Upon motion the documents were received, filed, and approved. Liquor License Applications: City Manager recommending approval of annual liquor license renewals and cigarette permit applications as submitted. Upon motion the documents were re- ceived and filed and Resolution No. 335 -11 Granting the issuance of a Class "C" Beer /Liquor License to Denny's Lux Club, Loras College Athletic and Wellness Center, Carlos O'Kelly's Mexican Restaurant, Fiesta Cancun Restaurant; and a Special Class "C" Liquor License (5- Day Special Event) to the Dubuque Art Center; Resolution No. 336 -11 Granting the issuance of a Class "C" Beer Permit to Friendly Locust Mart, Hy -Vee Gas #2, and Aldi, Inc., #30; and Resolution No. 337 -11 Granting the issuance of a new cigarette permit to Unforgiveable Rec- ords were adopted. RESOLUTION NO. 335 -11 Whereas, applications for Liquor Licenses have been submitted to this 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 State Laws and all City Ordinances relevant thereto and they have filed proper bonds. 12 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "C" BEER /LIQUOR LICENSE Kelly Oppelt Denny's Lux Club +(Sunday Sale) ARMARK Educational Service Loras College Athletic. & Wellness Center +(Sunday Sale) Carlos O'Kelly's Inc. Carlos O'Kelly's Mexican Rest. +(Sunday Sale) Fiesta Cancun Auth. Mexican Fiesta Cancun Restaurant +(Sunday & Outdoor Sale) 3050 Asbury Rd. 1600 Cox St. 1355 Associates 2515 -1 NW Arterial SPECIAL CLASS "C" LIQUOR LICENSE (5 -DAY SPECIAL EVENT) Dubuque Art Center, Inc. Dubuque Art Center 700 Locust St 2nd Floor CLASS "B" WINE Aldi, Inc. Aldi, Inc. # 30 Passed, approved and adopted this 3rd day of October, 2011 Attest: Kevin S. Firnstahl, City Clerk 2160 Holliday Dr. Roy D. Buol, Mayor RESOLUTION NO. 336 -11 Whereas, applications for Beer Permits have been submitted and filed to this 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 have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer CLASS "C" BEER PERMIT Awn Stop Mart, Inc. # 3 Friendly Locust Mart +(Sunday Sale) Hy -Vee, Inc. Hy -Vee Gas # 2 +(Sunday Sale) Aldi, Inc. Aldi, Inc. # 30 +(Sunday Sale) Passed, approved and adopted this 3rd day of October, 2011. Attest: Kevin S. Firnstahl, City Clerk 408 W. Locust St. 2435 NW Arterial 2160 Holliday Dr. Roy D. Buol, Mayor RESOLUTION NO. 337 -11 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. 13 NEW Unforgivable Records Jonathan L. Eagle Passed, approved and adopted this 3rd day of October, 2011 Attest: Kevin S. Firnstahl, City Clerk 375 Bluff St. Roy D. Buol, Mayor North Grandview Estates — Partial Release of Mortgage: City Attorney recommending partial release of real estate mortgage for Lot 6 and authorize the Mayor to sign it on behalf of the City. Upon motion the documents were received, filed, and approved. 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. Se- conded by Braig. Motion carried 7 -0 Timber -Hyrst Place No. 3: City Manager recommending setting a public hearing for October 17, 2011 to consider releasing existing utility storm sewer and access easements on Lot 2 of Timber -Hyrst Place No. 3. Upon motion the documents were received and filed and Resolution No. 338 -11 Resolution of Intent to dispose of and release an access, utility and storm sewer easement on Lot 2 of Timber -Hyrst Place No. 3 in the City of Dubuque, Iowa, was adopted set- ting a public hearing for a meeting to commence at 6:30 p.m. on October 17, 2011 in the His- toric Federal Building. RESOLUTION NO. 338 -11 RESOLUTION OF INTENT TO DISPOSE AND RELEASE AN ACCESS, UTILITY AND STORM SEWER EASEMENT ON LOT 2 OF TIMBER -HYRST PLACE NO. 3 IN THE CITY OF DUBUQUE, IOWA Whereas, Thomas J. King III and Julie M. King are the current owners of Lot 2 of Timber - Hyrst Place No. 3 in the City of Dubuque, Iowa; and Whereas, a 20 -foot wide storm sewer and utility easement and a 25 -foot wide access easement is currently platted on said lot and recorded as Instrument Nos. 2008 -6368 and 2007 -13839 respectively; and Whereas, Thomas J. King III and Julie M. King have petitioned to vacate and release the existing easements in said lot. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest and release an existing 20 -foot wide storm sewer and utility easement and a 25 -foot wide access easement on Lot 2 of Timber -Hyrst Place No. 3 in the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this 3ra day of October, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk City Hall HVAC System Improvements Project: City Manager recommending initiation of the public bidding procedures for the City Hall HVAC System Improvements Project and setting a public hearing for October 17, 2011. Upon motion the documents were received and filed and 14 Resolution No. 339 -11 Preliminary approval of plans, specifications, form of contract, and es- timated cost; setting date of public hearing on plans, specifications, form of contract, and esti- mated cost; and ordering the advertisement for bids (City Hall HVAC System Improvement Project) was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on Oc- tober 17, 2011 in the Historic Federal Building. RESOLUTION NO. 339 -11 CITY HALL —HVAC SYSTEM IMPROVEMENTS PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI- MATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the City Hall - HVAC System Improvements Project in the estimated amount $600,000, are hereby prelimi- narily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 21st day of November 2011, at 6:30 p.m. in the Historic Federal Building Council Chambers at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The City Hall —HVAC System Improvements Project is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall con- form to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the improve- ments herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be pub- lished not less than four but not more than forty -five days before the date for filing bids before 2:00 p.m. on the 3rd day of November, 2011. 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 21st day of November, 2011, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 3rd day of October, 2011. Attest: Kevin S. Firnstahl, City Clerk BOARDS /COMMISSIONS Roy D. Buol, Mayor Applicants were invited to address the City Council regarding their desire to serve on the fol- lowing Boards /Commissions: Environmental Stewardship Advisory Commission: One 3 -year term through October 1, 2014 (expiring term of Klostermann). Applicants: Wayne Klostermann, 3254 Lake Ridge Drive; and Stacy Splittstoesser, 1694 Radford Road. Ms. Splittstoesser spoke in support of her ap- pointment. 15 Long Range Planning Advisory Commission: One 3 -year term through July 1, 2014 (vacant term of Braig). Applicant: Craig Beytien, 1091 Valentine Drive. Mr. Beytien spoke in support of his appointment. Appointments to the following Boards /Commission: Civic Center Advisory Commission. One 3 -year term through June, 29, 2013 (vacant term of Fields). Applicant: Jody Willenborg, 3497 Hillcrest Road, #2. Motion by Connors to appoint Jody Willenborg to a 3 -year term on the Civic Center Advisory Commission through June 29, 2013. Seconded by Resnick. Motion failed 3 -4 with Braig, Buol, Jones, and Lynch voting nay. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Coun- cil. Dubuque Regional Airport — Conservation Easement: Proof of publication on notice of public hearing to consider disposal of an interest in City -owned property as set forth in the Declara- tion of Conservation Covenants and Restrictions Conservation Easement on the specified property at the Dubuque Regional Airport and the City Manager recommending approval. Mo- tion by Jones to receive and file the documents and approve the recommendation. Seconded by Connors. Responding to questions from the City Council, Airport Manager Bob Grierson clarified the purpose of and the area affected by the Declaration, which will allow the new ter- minal project to progress. Motion carried 7 -0. Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Dubuque Convention and Visitors Bureau: Director Keith Rahe provided a verbal update on the past activities, tourism, and goals of the Dubuque Convention and Visitors Bureau. Motion by Lynch to receive and file the information. Seconded by Jones. Motion carried 7 -0. Eagle Point Solar -1, LLC — Lease and Power Purchase Agreement: City Manager recom- mending rescinding the previous License and Power Purchase Agreement with Eagle Point Engergy -1, LLC and adopting a Lease /Purchase of the solar equipment for the roof of the Mu- nicipal Services Center on Kerper Court. Motion by Connors to receive and file the documents and adopt Resolution No. 340 -11 Approval of a License and Power Purchase Agreement be- tween the City of Dubuque, Iowa, and Eagle Point Energy -1 LLC, an Iowa Limited Liability Company. Seconded by Jones. Responding to questions from City Council, Assistant Econom- ic Development Director Aaron DeJong and the City Manager stated that the agreement pro- vides a benefit and savings to the City, and supports a local business despite the life span of the technology. Motion carried 6 -1 with Resnick voting nay. RESOLUTION NO. 340 -11 APPROVAL OF A LICENSE AND POWER PURCHASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND EAGLE POINT ENERGY — 1, LLC AN IOWA LIMITED LI- ABILITY COMPANY Whereas, the City of Dubuque, Iowa (City) is the owner of the real property legally described as follows: 16 Roof space above the land commonly known as the western side of the roof located at 925 Kerper Court, Dubuque, Iowa, legally described as Lot 2 of 2 of Kerper Industrial Park in the City of Dubuque, Iowa; and Whereas, Eagle Point Energy — 1, LLC. desires to license a part of the property to install so- lar panels at the facility; and Whereas, a License and Power Purchase Agreement between the City of Dubuque and Ea- gle Point Energy — 1, LLC was approved by Resolution 251 -11 on August 1, 2011; and Whereas, City and Eagle Point Energy — 1, LLC. have negotiated a new Lease for Solar Photovoltaic Equipment which will replace the original License and Power Purchase Agree- ment; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to ap- prove the Lease for Solar Photovoltaic Equipment. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Resolution 251 -11 approving the License and Power Purchase Agreement is rescinded. Section 2. The City of Dubuque approves the Lease of Solar Photovoltaic Equipment with Eagle Point Energy — 1, LLC and the City Manager is authorized to execute said lease on behalf of the City of Dubuque. Passed, approved and adopted this 3rd day of October, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Tenant Criminal Background Check Program: City Manager recommending an additional $38,300 be allocated for continued criminal background check fees through the rest of Fiscal Year 2012. Motion by Jones to receive and file the documents and approve the recommenda- tion. Seconded by Connors. Responding to questions from City Council, Police Chief Mark Da!sing stated that the background information is kept on file for 30 days and that landlords have the final decision on tenant selection. Council Member Braig questioned if there could be consequences for landlords who do not attend training sessions. Motion carried 7 -0. Lower Bee Branch Creek Restoration Project — I -JOBS II Grant Amendment: City Manager recommending approval of an amendment to the I -JOBS II Grant Agreement for the Bee Branch Creek Restoration Project. Motion by Connors to receive and file the documents and adopt Resolution No. 341 -11 Authorizing the execution of the First Amendment to the grant agreement with the Iowa Jobs Board and the Iowa Finance Authority as required for the City's receipt of $3,965,000 in State I -JOBS funding for the Lower Bee Branch Creek Restoration Project. Seconded by Braig. Motion carried 7 -0. RESOLUTION NO. 341 -11 AUTHORIZING THE EXECUTION OF THE FIRST AMENDMENT TO THE GRANT AGREE- MENT WITH THE IOWA JOBS BOARD AND THE IOWA FINANCE AUTHORITY AS RE- QUIRED FOR THE CITY'S RECEIPT OF $3,965,500 IN STATE I -JOBS FUNDING FOR THE LOWER BEE BRANCH CREEK RESTORATION PROJECT. Whereas, in 1999, 2002, 2004, AND 2010 heavy rains produced flood damage spurring Presidential Disaster Declarations for Dubuque County; and Whereas, the Lower Bee Branch Creek Restoration Project has been identified as one of a series of projects to provide relief from property damage due to flooding to 1,150 residents in the City of Dubuque; and 17 Whereas, the Iowa Legislature and the Governor of Iowa pursuant to 2010 Iowa Acts Sen- ate File 2389 (the "2010 Act ") created the Iowa Jobs II program to assist in disaster prevention construction projects; and Whereas, the City of Dubuque (the "City ") submitted an application (the "Application ") to the Iowa Jobs board requesting assistance in financing for the Lower Bee Branch Creek Restora- tion Project (the "Project "); and Whereas, the City, at Iowa Jobs' request, identified out of the total Project cost of approxi- mately $15.1 million, approximately $7.5 million in new construction costs critical to disaster prevention; and Whereas, Iowa Jobs scored the application and made a determination to award a grant of $3,965,500.00 (the "Grant ") pursuant to the Iowa Jobs II Program; and Whereas, the Board, The Authority and the City (collectively, the "Parties ") entered into a Grant Award Agreement (the "Agreement ") with an effective date of December 1, 2010; and Whereas, the Parties have agreed that the Grant was calculated based on the critical new construction costs and that accordingly the Applicable Percentage should be calculated based on the cost of the critical new construction for disaster prevention; and Whereas, the Parties have further agreed to include as part of the consideration contained in the Agreement that the entire Restoration of Bee Branch Creek (the "Bee Branch "), consist- ing of the Project known as the Lower Bee Branch and the Upper Bee Branch (not a part of the Project), as further described in the attached Exhibit J, should be constructed; and Whereas, the Parties have determined that certain amendments to the Agreement are in or- der; and Whereas, it is in the best interest of the City to amend the Agreement as required for the City's receipt of the grant funding. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The City Manager is authorized to execute the First Amendment to Iowa Jobs II Program Grant Award Agreement as required for the City's receipt of $ 3,965,500 I -JOBS II grant funds for the Lower Bee Branch Creek Restoration Project. Passed, approved and adopted this 3rd day of October, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Request for Work Session - Sustainable Dubuque Quarterly Report: City Manager request- ing scheduling a work session on Monday, November 7, 2011 at 5:00 p.m. on the Sustainable Dubuque Quarterly Update. Motion by Connors to receive and file the documents and set the work session as recommended. Seconded by Braig. Motion carried 7 -0. Julien Dubuque's - 250th Birthday Anniversary Committee: City Manager transmitting corre- spondence from the National Mississippi River Museum and Aquarium requesting a City rep- resentative for the committee to celebrate the 250th anniversary of Julien Dubuque's birth. Mo- tion by Connors to receive and file the documents and appoint Council Member Karla Braig to the committee. Seconded by Resnick. Motion carried 7 -0. City Clerk Salary Compensation: Motion by Connors to table the item to after a recess. Se- conded by Resnick. Motion carried 7 -0. 18 The City Council recessed from 7:51 p.m. to 8:17 p.m. to discuss the City Clerk Salary Compensation in a non - public meeting pursuant to Chapter 20.9 of the Iowa Open Meetings Law. City Clerk Salary Compensation: Motion by Lynch to remove from the table. Seconded by Connors. Motion carried 7 -0. Motion by Jones to receive and file the information and set the City Clerk's salary compen- sation at $84.052 annually with vacation accrual at four weeks retroactive to September 6, 2011, with step increases based on evaluations and achievement of office goals. Seconded by Braig. Motion carried 7 -0. COUNCIL MEMBER REPORTS Jones asked that the correspondence provided to City Council from the Board of Directors for the Veterans' Freedom Center requesting assistance with the need for additional space be submitted to a future agenda adding that if anyone is able to help in the meantime to contact the Veterans' Freedom Center. Resnick complimented the Dubuque Symphony Orchestra for their good work and thanked the citizens for their support of the Orchestra and area arts. There being no further business, upon motion the City Council adjourned at 8:21 p.m. /s /Kevin S. Firnstahl City Clerk 19