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12 2 13 City Council Proceedings Official_Special and Regular CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on December 2, 2013 th in the Historic Federal Building, 350 W. 6 Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut- ton; City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on the Sustainable Dubuque Project. WORK SESSION Sustainable Dubuque Project Sustainable Dubuque Coordinator Cori Burbach provided an overview of the work session agenda and introduced presenters Jason Schatz and Raki Giannakouros of Green Dubuque; Eric Schmechel of Dubuque County Soil and Water Conservation; Dean Mattoon, City Civil Engineer; and Casey Muhm, Director of Sustainable Innovation for the Greater Dubuque Development Corporation who provided a slide presentation with information on the following topics:  Greenhouse gas reduction plan – 50% by 2030 How can it be used o What is measured o Baseline: 2003 o Update: 2003-2011 o Process: data collection & sources, community input, business input o Carbon emissions: source & end use 2012/2030 o Opportunities for reduction o Recommended policies & programs o Dubuque Metropolitan Area Solid Waste Agency – methane gas to energy o How the documents is used o  Watershed Management Dubuque goals and strategies o Catfish Creek watershed timeline o Upper Catfish Creek watershed timeline o Catfish Creek Watershed Management Authority o Water assessment projects o Watershed Management Plan and implementation o Future watershed planning o  Sustainable Dubuque collaboration progress Strategic goal o Core network members & investors network o 1 Structure, planning, education & engagement o Sustainable Community Grants o Case studies: Project Pass and the Bike Coop  The City Council had discussion following the presentation. There being no further business, upon motion the City Council adjourned at 6:24 p.m. /s/Kevin S. Firnstahl, CMC City Clerk 2 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on December 2, 2013 th in the Historic Federal Building, 350 W. 6 Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut- ton; City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Resnick. Sutton requested (#8) Special Assessment - 686-688 University Avenue be held for separate discussion. Motion carried 7-0. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 10/22, City Council proceedings of 11/18, Civil Service Commission of 11/20, Communi- ty Development Advisory Commission of 11/13, Human Rights Commission of 10/14, Park and Recreation Advisory Committee of 11/12, Safe Community Advisory Commit- tee of 11/13, Proof of publication for City Council proceedings of 11/4, Proof of publica- tion for List of Claims and Summary of Revenues for Month Ending 10/31. Upon motion the documents were received and filed. Notice of Claims and Suits: Susan Farber/National Subrogation Services, LLC for property damage; Receipt and Release of Claim by Top Block & Brick, Inc. for materials supplied. Upon motion the documents were received, filed and referred to the City At- torney. 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: Scott Estal for personal injury; Susan Farber/National Subrogation Ser- vices, LLC for property damage; and Steven Steines for vehicle damage. Upon motion the documents were received, filed and concurred. Government Finance Officers Association: Correspondence from the Government Fi- nance Officers Association (GFOA) awarding the City of Dubuque the Distinguished Budget Presentation Award and a Certificate of Recognition to Budget Director Jennifer Larson. Upon motion the documents were received and filed. 3 2014 State Legislative Priorities: City Manager submitting the 2014 State of Iowa leg- islative priorities for adoption and presentation to legislators at the annual Legislative Dinner. Upon motion the documents were received, filed and approved. Appeal of Claim by Aaron Walling: City Attorney recommending approval of a claim against the City for vehicle damage as appealed by Aaron Walling. Upon motion the documents were received, filed and approved. Delinquent Weed, Junk, and Garbage Collection Accounts: City Manager recom- mending the levy of special assessments for the Weed /Junk /Garbage Enforcement Program against twenty separate parcels of property inspected from July 1, 2013 to Oc- tober 31, 2013. Upon motion the documents were received and filed and Resolution No. 338-13 Adopting the Schedule of Assessments for 2013 and Directing the City Clerk to certify the Schedule of Assessments to the County Treasurer and to publish notice thereof was adopted. RESOLUTION NO. 338-13 ADOPTING THE SCHEDULE OF ASSESSMENTS FOR 2013 AND DIRECTING THE CITY CLERK TO CERTIFY THE SCHEDULE OF ASSESSMENTS TO THE COUNTY TREASURER AND TO PUBLISH NOTICE THEREOF NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the Schedule of Assessments attached hereto for weed/grass cutting and junk/garbage removal tax assessments which Schedule of As- th sessments was filed in the office of the City Clerk on the 27 day of November, 2013, the said Schedule of Assessments 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 respective sums indicated. That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the final schedule. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the Utility Billing Of- th fice, City Hall, 50 W. 13 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 Treasurer. After 30 days, unpaid assessments are payable at the Coun- ty Treasurer’s Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Io- wa, and charges shall be collected in the same manner as general property 4 taxes against the respective parcels of the property set opposite the name of the property owner. nd Passed, approved and adopted this 2 day of December 2013. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk Schedule of Assessments for Weed/Junk/Garbage Enforcement Programs End Year 2013 Property Address, Owner, Parcel, Legal Description, Date (cut/cleaned up by contractor), Expense, Admin. Fee Kane St, 1190, Kevin Smith, 1190 Kane St, Dubuque IA 52001, 1014351011, Lot 11 Blk 4 Marycrest Sub, 7/15/2013, $45.00, $25.00, Weeds Foye St, 2169, Jason Stroup, 2169 Foye St, Dubuque IA 52001, 1024154002, Lot 13 Except the E 14' there of Potter's Add, 7/22/2013, $45.00, $25.00, Weeds Rhomberg Ave, 1203, Rob Coker, 1203 Rhomberg Ave, Dubuque IA 52001, 1118310023, SE 93' of Lot 5 Fengler's Add, 5/31/2013, $40.00, $25.00, Garbage, Junk Lot on Air Hill, Louis Mihalakis, 1212 Miller Rd, Dubuque IA 52003, 1025130011, N 40'- S 1/2-Lot 12 S 35' S 1/2 Lot 12. S 60' lot 13. All in Kelly's Sub, 7/18/2013, $60.00, $25.00, Weeds Lisa Ct, 3576, Wayne J Kramer Trust, 3576 Lisa Ct, Dubuque IA 52002, 1021205008, Lot 41 Blk 5 Sunset, 6/11/2013, $60.00, $25.00, Weeds Highland Park, 3187, Mary Lothe Strandboge & Scott Lothe, 3187 Highland Park, Dubuque IA 52002, 1015151009, Lot 10 Blk 1 Highland Park Estates, 6/11/2013, $60.00, $25.00, Weeds Asbury Rd, 4835, Zheng Ji Zheng, 1707 Lea Ln, Dubuque IA 52002, 1020226023, Lot 2 Copper Mill Sub, 6/11/2013, $60.00, $0.00, Weeds Victoria Pl, 1005, Andrea Bermas, 1005 Victoria St, Dubuque IA 52003, 1036157013, Lot 1-1 Cook & Allen Place, 6/4/2013, $100.00, $25.00, Weeds Adair St, 1523, Travis Nelson & Corrine Hinderman, 1523 Adair St, Dubuque IA 52001, 1023459008, Lot 44 Woodlawn Park Add, 6/4/2013, $120.00, $25.00, Weeds Central Ave, 2464, Holly Campbell, 2464 Central Ave, Dubuque IA 52001, 1013378003, S 35' Lot 6 Frank Fosselmann's, 7/18/2013, $105.00, $25.00, Garbage, Junk Elm St, 2141, Allan & Connie LeGrand, 2141 Elm St, Dubuque IA 52001, 1024210019, Lot 2-1-M 1/3-99 L H Langworthy's Add "PT West of Elm St", 8/8/2013, $45.00, $25.00, Weeds Keokuk Ct, 2930, Susan Rhomberg, 2390 Keokuk St, Dubuque IA 52001, 1014426010, Lot 2-96 & Lot 2-97 Mc Daniels Park Hill, 8/6/2013, $40.00, $25.00, Garbage, Junk Hoyt St, 2240, Timothy Schulte, 2240 Hoyt St, Dubuque IA 52001, 1023327001, Lot 1-3 Pfohls Sub, 8/14/2013, $152.00, $25.00, Weeds Garfield Ave, 1001, Christopher Mayne, 1001 Garfield Ave, Dubuque IA 52001, 1118351016, E 93.5' of Lot 5 McCraney's 2nd Add, 8/19/2013, $37.00, $25.00, Weeds 5 Berkley Pl, 811, Brenda Stumpf, 811 Berkley Pl, Dubuque IA 52001, 1014403037, Lot 18 Blk 2 and Lot 18 Blk 3 Sunnyview Hills Sub, 9/3/2013, $37.00, $25.00, Weeds Auburn St, 1057, Brian & Audra Anne Elliott, 1057 Auburn St, Dubuque IA 52001, 1026134006, Lot 2-22 & Lot 2-23, 9/6/2013, $45.00, $25.00, Weeds Special Assessment - 686-688 University Avenue: City Manager recommending ap- proval to assess the demolition costs to the property located at 686-688 University Ave- nue. Motion by Braig to receive and file the documents and adopt Resolution No. 339- 13 Adopting the Schedule of Special Assessment for a lien against the property at 686- 688 University Avenue and directing the City Clerk to certify the Schedule of Assess- ment to the County Treasurer and to publish notice thereof. Seconded by Resnick. Sut- ton questioned the absence of protective gear that she witnessed on the site. City Man- ager Van Milligen will follow up with staff for response. Motion carried 7-0. RESOLUTION NO. 339-13 ADOPTING THE SCHEDULE OF SPECIAL ASSESSMENT FOR A LIEN AGAINST THE PROPERTY AT 686-688 UNIVERSITY AVENUE AND DIRECTING THE CITY CLERK TO CERTIFY THE SCHEDULE OF ASSESSMENT 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 assessments applied by Section 14-3-4 of the City Code which Schedule of th Assessments was filed in the office of the City Clerk on the 27 day of November, 2013 the said Schedule of Assessments 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 respective sums indicated. That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two (2) consecutive weeks in the manner. provided in Iowa Code §362.3, the first publication of which shall be not more than fifteen (15) days from the date of fil- ing 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 Of- th fice, City Hall; 50 W. 13 Street, Dubuque, Iowa, at any time within thirty (30) days after the date of the first publication of the notice of the filing of the Schedule of Assessments with the County Treasurer. After thirty (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 prop- erty owner. nd Passed, approved and adopted this 2 day of December, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 6 SCHEDULE OF ASSESSMENTS 686-688 UNIVERSITY AVENUE Manolita Dement, Parcel #10.25.129.017 Vendor Service, Amount 1. Wayne Sharkey Debris Removal $ 1,200 2. Haasco Limited Asbestos Inspection $ 1,550 3. Wayne Sharkey Asbestos Removal $10,300 4. Wayne Sharley Demolition $10,300 Total $23,350 Traffic Safety Grant: City Manager recommending authorization for the City of Dubu- que to submit grant application for Traffic Safety Improvement Program funding for the Grandview Avenue at Loras Boulevard and Grandview Avenue at University Avenue Intersection Improvements. Upon motion the documents were received and filed and Resolution No. 340-13 Authorizing the filing of a grant application with the Iowa De- partment of Transportation for traffic safety improvements funding for the City of Dubu- que Grandview Avenue at Loras Boulevard and Grandview Avenue at University Ave- nue Intersection Improvements was adopted. RESOLUTION NO. 340-13 AUTHORIZING THE FILING OF A GRANT APPLICATION WITH THE IOWA DE- PARTMENT OF TRANSPORTATION FOR TRAFFIC SAFETY IMPROVEMENTS FUNDING FOR THE CITY OF DUBUQUE GRANDVIEW AVENUE AT LORAS BOULEVARD AND GRANDVIEW AVENUE AT UNIVERSITY AVENUE INTERSEC- TION IMPROVEMENTS Whereas, the increasing growth of traffic volumes, along with operational and safety concerns, at Grandview Avenue at Loras Boulevard and Grandview Avenue at Universi- ty Avenue Intersection in the City of Dubuque could be improved by intersection and traffic signal improvements; and Whereas, the City of Dubuque has determined that improvements to this intersection, as recommended in the East-West Corridor Connectivity Study of the Grandview Ave- nue at Loras Boulevard and Grandview Avenue at University Avenue as provided by HDR Engineering and Dubuque Metropolitan Area Transportation Study (DMATS) Long-Range Transportation Plans, will improve traffic flow; and Whereas, the City of Dubuque is seeking the necessary funding for project imple- mentation, and upon completion, in cooperation with the Iowa Department of Transpor- tation, be responsible for adequately maintaining and operating the project for public use during the project’s useful life. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Section 1. The City files this grant application for funds through the Traffic Safety Im- provement Program to fund Grandview Avenue at Loras Boulevard and Grandview Av- enue at University Avenue Intersection Improvements. nd Passed, approved and adopted this 2 day of December, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk 7 Smarter Cities Challenge- Health and Wellness Initiative: City Manager recommend- ing approval of the Smarter Cities Challenge - Community Health and Wellness applica- tion. Upon motion the documents were received, filed and approved. Alternative Services Concepts - Workers' Compensation Claims Service Contract: City Manager recommending approval of the Claims Service Contract with Alternative Service Concepts and authorization for the City Manager to execute the contract. Upon motion the documents were received, filed and approved. Sewershed 7 Corrective Action Plan: City Manager recommending authorization for the City Manager to certify and submit the City of Dubuque’s Corrective Action Plan for Sewershed 7 to the US Department of Justice, the US Environmental Protection Agency and the Iowa Department of Natural Resources. Upon motion the documents were re- ceived, filed and approved. City Hall Envelope Restoration (Tuckpointing) Project Acceptance: City Manager rec- ommending acceptance of the City Hall Envelope Restoration (Tuckpointing) Project, as completed by R & W Restoration. Upon motion the documents were received and filed and Resolution No. 341-13 Accepting the City Hall Envelope Restoration (Tuckpointing) Project and Authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 341-13 ACCEPTING THE CITY HALL ENVELOPE RESTORATION (TUCKPOINTING) PRO- JECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the City Hall Envelope Restoration (Tuckpointing) Project has been completed and the Building Services Manager and Pro- ject Architect have examined the work and determined the project has been completed according to the terms of the Public Improvement Contract and that the Building Ser- vices Manager and Project Architect recommend 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 Building Services Manager and Jeff Morton of Jeffrey Morton Associates is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the con- tract amount of $238,428 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. nd Passed, approved and adopted this 2 day of December, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC City Clerk 8 2013 CDBG Curb Access Ramp Installation Project Acceptance: City Manager rec- ommending that the 2013 CDBG Curb Access Ramp Installation Project costs be offi- cially recorded in the minutes of the City Council. Upon motion the documents were re- ceived, filed and made a Matter of Record. North Ridge Estates Acceptance of Public Improvements: City Manager recommend- ing acceptance of the public improvements that the developer, WE Development, LLC, has recently completed in North Ridge Estates Subdivision. Upon motion the docu- ments were received and filed and Resolution No. 342-13 Accepting public improve- ments in the North Ridge Estates Subdivision in the City of Dubuque, Iowa, was adopt- ed. RESOLUTION NO. 342-13 ACCEPTING PUBLIC IMPROVEMENTS IN NORTH RIDGE ESTATES SUBDIVISION IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to Resolution 198-12, certain public improvements including street paving with curb, storm sewer and catch basins, storm water detention facilities, sanitary sewer, watermain, and street lighting were installed by the developer of North Ridge Estates Subdivision in the City of Dubuque, Iowa; and Whereas, the improvements, except for storm water detention facilities, have been completed and the City Manager has examined the work and has filed a certificate stat- ing that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said public improvements in North Ridge Estates Subdivision, except for the storm water de- tention facilities, be and the same is hereby accepted. Section 2. That maintenance of said public improvements shall be the responsibility of the owner, WE Development, LLC, and contractor, for a period of two (2) years from the date of this resolution. nd Passed, approved and adopted this 2 day of December, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk Dubuque Industrial Center South Grading & Utilities - 2012 Project Phase 1 Project Acceptance: City Manager recommending acceptance of the grading contract for the Dubuque Industrial Center Grading & Utilities – 2012 Project – Phase 1, as completed by Tom Kueter Construction Co., Inc. Upon motion the documents were received and filed and Resolution No. 343-13 Accepting the Dubuque Industrial Center south Grading & Utilities - 2012 Project, Phase 1 and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 343-13 ACCEPTING THE DUBUQUE INDUSTRIAL CENTER SOUTH GRADING & UTILI- 9 TIES – 2012 PROJECT, PHASE 1 AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Improvement Contract for the Dubuque Industrial Center South Grad- ing & Utilities – 2012 Project, Phase 1 has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Improvement Contract and that the City Engineer recom- mends that the Project be accepted; and 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 General Obligation Bonds (TIF Abated) for the contract amount of $2,148,349.81 less any retained percentage provided for therein as provided in Iowa Code Chapter 573, and to pay such retainage only in accordance with the provision of Iowa Code Chapter 573. nd Passed, adopted and approved this 2 day of December, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE DUBUQUE IN- DUSTRIAL CENTER SOUTH GRADING & UTILITIES – 2012 PROJECT, PHASE 1 The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Dubuque Industrial Center South Grading & Utilities – 2012 Project, Phase 1, and that said Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $2,558,106.46. th Dated this 26 day of November, 2013. /s/Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 26 day of November, 2013. /s/Kevin S. Firnstahl, CMC City Clerk Harvest View Estates Sixth Addition Acceptance of Public Improvements: City Man- ager recommending acceptance of the public improvements that the developer, Westside Place Townhomes, LLC, has recently completed in Harvest View Estates Sixth Addition. Upon motion the documents were received and filed and Resolution No. 344-13 Accepting public improvements in the Harvest View Estates Sixth Addition in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 344-13 ACCEPTING PUBLIC IMPROVEMENTS IN HARVEST VIEW ESTATES SIXTH ADDI- TION IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to Resolution No. 26-11, certain public improvements including street paving with curb, sanitary sewer main, watermain, storm sewer and catch basins, and boulevard street lighting were installed by the developer of Harvest View Estates Sixth Addition in the City of Dubuque, Iowa. 10 Whereas, the improvements have been completed and the City Manager has exam- ined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvements in Harvest View Estates Sixth Addition be and the same is hereby ac- cepted. Section 2. That maintenance of said improvements shall be the responsibility of the contractor and owner for a period of two (2) years from this date. Section 3. That maintenance of the storm water detention facility on Lot A of Harvest View Estates First Addition shall be the responsibility of the City and assessable to the property owners as outlined in Resolution No 26-11. nd Passed, approved and adopted this 2 day of December, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk Dubuque Pack Memorial Site Landscaping Project Acceptance: City Manager rec- ommending acceptance of the Dubuque Pack Memorial Site Landscaping Project as completed by Nauman Nursery. Upon motion the documents were received and filed and Resolution No. 345-13 Accepting the Dubuque Pack Memorial Site Landscaping Project and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 345-13 ACCEPTING THE DUBUQUE PACK MEMORIAL SITE LANDSCAPING PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CON- TRACTOR Whereas, the Public Improvement Contract for the Dubuque Pack Memorial Site Landscaping Project (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; and 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 Bee Branch Creek Restoration capital improvement appropriation for the contract amount of $39,254.79 less any retained percentage provided for therein as provided in 11 Iowa Code chapter 573, and to pay such retainage only in accordance with the provi- sions of Iowa Code chapter 573. nd Passed, approved and adopted this 2 day of December. 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE DUBUQUE PACK MEMORIAL SITE LANDSCAPING PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Dubuque Pack Memorial Site Landscaping Project, and that said Pro- ject has been performed in compliance with the terms of the Public Improvement Con- tract, and that the total cost of the completed work is $44,770.29. th Dated this 26 day of November, 2013. /s/Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 26 day of November, 2013. /s/Kevin S. Firnstahl, CMC City Clerk Port of Dubuque Marina Annual Report: City Manager submitting a status report for the Port of Dubuque Marina Project. Upon motion the documents were received and filed. Loras College Usage Agreement for Petrakis Field: City Manager recommending ap- proval of the Usage Agreement with Loras College for Petrakis Field. Upon motion the documents were received, filed and approved. Civil Service Commission: Civil Service Commission submitted the certified lists for the positions of Firefighter, Scale Operator, and Traffic Engineer. Upon motion the doc- uments were received, filed and made a Matter of Record. November 20, 2013 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Fire Entry was administered on October 12, 2013. 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 one (1) year from the above date. FIRE ENTRY 1. Samuel Janecke 11. Ryan Neuhaus 2. Daniel Dietzel 12. Scott Brachman 3. Ross Dillavou 13. Andrew Vaughn 4. Anthony Ambrosy 14. Brian Recker 5. Bradley Soat 15. Christopher Grue 6. Simon Vogel 16. Elliot McAllister 7. Ryan Haxmeier 17. Bradley Willis 12 8. Amos Langlois 18. Christopher Welu 9. William Sullivan 19. Cody Oberfoell 10. Andrew Sprengelmeyer Respectfully submitted, Civil Service Commission November 13, 2013 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Scale Operator was administered on October 10, 2013. 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. Scale Operator 1. Justin Smoot 16. Nathan Pitz 31. Josh Jansen 2. Johnna Lansing 17. Ashley Pottebaum 32. Reva Jansen 3. John Glennon 18. Louis Vorwalk 33. Connie Lucas 4. Cathy Keneally 19. Connie Meyer 34 .Kimberly Rennison 5. Benjamin Moyer 20. Joseph Blanchard 35. Debra Searles 6. Julie Kaiser 21. Tara Blanchard 36. Jordan Thein 7. Benjamin Leifker 22 .Devon Welty 37. Thomas Voss 8. Kevin Merkes 23. Michele Wickre 38. Cynthia White 9. James Sparrgrove 24. Joseph Davis 39. Teresa Behnke 10. Donald Spillane 25. Karen Rogan 40. Trevor Blum 11.Joseph Callahan 26. Christine Selchert 41. Greg Doschadis 12. Susan Davis 27. Leo Birch 42 Jill McClanahan 13. Stacey Dix 28. John Doyle 43. Michele Mills 14. Becky house 29. Augie Garrigos 44. Daniel Meyens 15. Douglas Kuehn 30. Kyle Harvey 45. Drew Noel Respectfully submitted, Dan White, Chairman Civil Service Commission November 13, 2013 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, a:"take home" examination for the position of Traffic Engineer was administered on October 7, 2013. We hereby certify that the individuals listed below have passed this "take home" examination and the va- cancy for this position should be made from this list and that this list is good for two (2) years from above date. 13 Traffic Engineer 1. Salek Bhuiyan 2. Matthew Sullivan 3. Mitchell Holtzman Respectfully submitted, Dan White, Chairman Civil Service Commission Mississippi River Economy Summit: Correspondence from the Delta Regional Au- thority thanking Mayor Buol for his participation in the Mississippi River Economy Sum- mit held in October in Memphis, Tennessee. Upon motion the documents were received and filed. Urban Renewal Annual Report for Fiscal Year 2013: City Manager recommending approval of the Fiscal Year 2013 State Urban Renewal Annual Report. Upon motion the documents were received and filed and Resolution No. 346-13 Approving the Fiscal Year 2013 Urban Renewal Report for the City of Dubuque was adopted. RESOLUTION NO. 346-13 APPROVING THE FISCAL YEAR 2013 URBAN RENEWAL REPORT FOR THE CITY OF DUBUQUE. Whereas, the Iowa Legislature approved HF 2460 in the 2012 Legislative Session, amending the current law pertaining to urban renewal districts; and Whereas, HF 2460, otherwise known as the Urban Renewal Reporting Act of 2012, aims to increase transparency in the utilization of tax increment financing; and Whereas, HF 2460 requires an annual urban renewal report be approved by the ma- jority of a local governing body that had an active urban renewal plan anytime during the most recently ended fiscal year; and Whereas, City staff have fulfilled the requirements outlined in the Act through a web- based reporting tool hosted by the Iowa Department of Management. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Fiscal Year 2013 Urban Renewal Report for the City of Dubuque, be approved. Section 2. That the Budget Director of the City of Dubuque, Iowa, is hereby author- ized and directed to submit the Report, with a record of this approval, to the Iowa De- partment of Management. nd Passed, approved and adopted this 2 day of December, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Smart Growth Development: City Manager recommending that the City commit funds for the efforts of the Smart Growth Development group as they work toward improving the State Historic Tax Credit programs and other programs that help fund many Dubu- que rehabilitation projects. Upon motion the documents were received, filed and ap- proved. 14 Alcohol License Applications: City Manager recommending approval of annual liquor, beer, and wine licenses as submitted. Upon motion the documents were received and filed and Resolution No. 347-13 Approving applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and Li- cense Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 347-13 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 noted permit types to the following applicants pending submission of the locally required documentation. Renewals Bridge Restaurant The 31 Locust Class C Liquor (Sunday) Double Shot 2093 Washington Class C Liquor (Sunday) Dubuque Area Chamber 300 Main St. Ste 200 Class B Native Wine (Sunday) Class E Liquor, Class B Wine, Class C Beer Hy-Vee #2 2395 NW Arterial (Sunday) Hy-Vee C-Store #1 3270 Dodge St. Class C Beer, Class B Wine (Sunday) Class E Liquor, Class B Wine, Class C Beer Iowa Street Market Inc. 1256 Iowa St. (Sunday) Pepper Sprout, Inc. 378 Main St. Class C Liquor Class C Beer, Class B Native Wine (Sun- Plaza 20 BP/Amoco 2600 Dodge St. day) Class E Liquor, Class B Wine, Class C Beer Sam's Club #4973 4400 Asbury Rd. (Sunday) The Moracco 1413 Rockdale Rd. Class C Liquor (Sunday) New Class E Liquor, Class B Wine, Class C Beer Kwik Stop 1200 Cedar Cross Rd. (Sunday) nd Passed, approved and adopted this 2 day of December, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 15 PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. Sale of Property - West of 1895 John F. Kennedy Road: Proof of publication on no- tice of public hearing to consider the sale of the 1.4 acre City-owned parcel adjacent to and west of 1895 John F. Kennedy Road to Molo Oil Company and the City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 348-13 Disposing of an interest in City owned real property by sale to Molo Oil Company. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 348-13 DISPOSING OF AN INTEREST IN CITY OWNED REAL PROPERTY BY SALE TO MOLO OIL COMPANY Whereas, the City of Dubuque, Iowa (City) owns the following real property (the Property): Lot 1 of Westview Shopping Center Place No.4, in the City of Dubuque, Iowa; and Whereas, City has entered into an Agreement and an Amendment thereto with Molo Oil Company (Molo), copies of which are attached hereto, to sell the Property to Molo; and Whereas, on December 2, 2013, the City Council pursuant to notice published as required by law, held a public hearing on its intent to dispose of the Property by sale to Molo, and overruled all objections thereto; and Whereas, the City Council finds that it is in the best interest of the City to approve the sale of the Property to Molo on the terms set forth in the Agreement and the Amendment thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, approves the Agreement and the Amendment attached hereto for the sale of the Property to Molo Oil Company. Section 2. The Mayor is hereby authorized and directed to execute a Warranty Deed conveying the City’s interest to Molo Oil Company for the Property subject to the terms of the Agreement and the Amendment. nd Passed, approved and adopted this 2 day of December, 2013. Roy D. Buol, Mayor ATTEST: Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Safe Community Advisory Committee: Communication from the Safe Community Ad- visory Committee recommending that the City Council not re-empanel beyond the De- cember 31, 2013 expiration. Motion by Braig to receive and file the documents and ap- prove the recommendation. Seconded by Connors. City Council thanked the members of the Committee for their work. Responding to questions from the City Council, City 16 Manager Van Milligen provided a handout on safe cities that included Dubuque and stated that the work of the Committee will continue through projects such as security camera and lighting installations, and locating a police substation on the City’s north end. Motion carried 7-0. Dubuque Intermodal Transportation Center: City Manager recommending approval of a modified budget for the Dubuque Intermodal Transportation Center. Staff will make a presentation. Motion by Lynch to receive and filed the documents and approve the rec- ommendation. Seconded by Jones. City Parking System Supervisor Tim Horsfield and Transportation Directory for ECIA Chandra Ravada provided a slide presentation that outlined the changes in design and adjusted cost projections. Motion carried 7-0. Code of Ordinances Amendment - Title 6 Public Nuisances: City Manager recom- mending approval of a procedural correction to the Public Nuisance Ordinance that pro- vides the City may pursue a hearing in front of the City Council or a municipal infraction in the Iowa District Court for Dubuque County. Motion by Lynch to receive and file the documents and that the requirement that a proposed ordinance be considered and vot- ed on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Resnick. Motion carried 7-0. Motion by Lynch for final consideration and passage of Ordinance No. 53-13 Amend- ing City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation and Envi- ronment, Chapter 4 Nuisances, Section 6-4-4 Public Nuisances Prohibited; Authority to Abate by Allowing Issuance of a Municipal Infraction for the Creation, Maintenance, or Continuation of a Public Nuisance. Seconded by Jones. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 53-13 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH, HOUS- ING, SANITATION AND ENVIRONMENT, CHAPTER 4 NUISANCES, SECTION 6-4-4 PUBLIC NUISANCES PROHIBITED; AUTHORITY TO ABATE BY ALLOWING ISSU- ANCE OF A MUNICIPAL INFRACTION FOR THE CREATION, MAINTENANCE, OR CONTINUATION OF A PUBLIC NUISANCE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 6-4-4 of the City of Dubuque Code of Ordinances is amended to read as follows: 6-4-4: PUBLIC NUISANCES PROHIBITED; AUTHORITY TO ABATE: A. Nuisances Prohibited: The creation, maintenance, or continuation of a public nui- sance is hereby declared unlawful and is prohibited. B. Declaration Of Nuisance; Hearing; Abatement: Upon application of the city man- ager for a declaration of a nuisance, the city council, after notice to the property owner of the grounds therefor, shall hold a hearing on the application as provided in title 1, chapter 9 of this code. Upon declaration of a nuisance, the city council may direct the city manager to abate or cause to be abated public nuisances in any manner authorized by law. C. Nothing herein shall be interpreted to prevent the City from issuing a municipal in- 17 fraction as allowed under Iowa Code §364.22 and section 1-4-2 of this code. Section 2. This Ordinance takes effect upon publication. nd Passed, approved, and adopted the 2 day of December, 2013. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk th Published officially in the Telegraph Herald newspaper on the 6 day of December, 2013. /s/Kevin S. Firnstahl, City Clerk : Code of Ordinances Amendment - Title 6 Fire ChiefCity Manager recommending approval of changes to the Code of Ordinances changing “Chief of the Fire Department” to “Fire Chief.” Motion by Jones to receive and file the documents and that the require- ment that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Resnick. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 54-13 Amend- ing City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation And Envi- ronment, Chapter 7 Hazardous Waste, Substances and Conditions, Section 6-7-3 Cleanup Required; and Title 7 Police, Fire and Public Safety, Chapter 2 Fire Depart- ment, Section 7-2-2 Service Charges and Section 7-2-3 Standby Service by changing all references of “Chief of the Fire Department” to “Fire Chief.” Seconded by Resnick. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 54-13 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH, HOUS- ING, SANITATION AND ENVIRONMENT, CHAPTER 7 HAZARDOUS WASTE, SUB- STANCES AND CONDITIONS, SECTION 6-7-3 CLEANUP REQUIRED; AND TITLE 7 POLICE, FIRE AND PUBLIC SAFETY, CHAPTER 2 FIRE DEPARTMENT, SECTION 7-2-2 SERVICE CHARGES AND SECTION 7-2-3 STANDBY SERVICE BY CHANG- ING ALL REFERENCES OF “CHIEF OF THE FIRE DEPARTMENT” TO “FIRE CHIEF” NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 6-7-3 of the City of Dubuque Code of Ordinances is amended to read as follows: 6-7-3: CLEANUP REQUIRED: . . . . B. Failure To Perform Cleanup: If the person having control over the hazardous sub- stance or hazardous waste does not cause the cleanup to begin as required in subsec- tion A of this section, the fire chief or the fire chief's representative may establish a deadline for commencing and accomplishing the cleanup, and if the person having con- trol fails to comply therewith, the city may proceed to procure cleanup services. The city may seek any state or federal funds available for such cleanup. Section 2. Section 7-2-2 of the City of Dubuque Code of Ordinances is amended to read as follows: 7-2-2: SERVICE CHARGES: 18 Persons requesting assistance for the following services from the fire department shall pay a fee as established by the fire chief: . . . . Section 3. Section 7-2-3 of the City of Dubuque Code of Ordinances is amended to read as follows: 7-2-3: STANDBY SERVICE: A. Whenever fire equipment and fire personnel are requested to stand by, there shall be a standby fee set by the fire chief paid to the city by the person requesting the ser- vice. . . . . Section 4. This Ordinance takes effect upon publication. nd Passed, approved, and adopted the 2 day of December, 2013. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk th Published officially in the Telegraph Herald newspaper on the 6 day of December, 2013. /s/Kevin S. Firnstahl, City Clerk COUNCIL MEMBER REPORTS Council Member Connors encouraged all Council Members to attend the Christmas parties sponsored by the Northend and Point Neighborhood Associations. Mayor Buol reported on military veteran Kenny Kleiner’s donation of an American flag that flew in the Afghanistan war during his tour of duty in 2012-2013. There being no further business, upon motion the City Council adjourned at 7:40 p.m. /s/Kevin S. Firnstahl, CMC City Clerk 19