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12 16 13 City Council Proceedings Official_Regular CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on December 16, 2013 in the th Historic Federal Building, 350 W. 6 Street. 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 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 dispose of as in- Family Self-Sufficiency dicated. Seconded by Connors. Council Member Resnick requested (#20) Coordinators Funding be held for separate discussion. Motion carried 7-0. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 11/5, Catfish Creek Watershed Management Authority of 10/22, City Council proceedings of 12/2, Civil Service Commission of 11/11, Housing Commission of 10/22, Human Rights Commission of 11/18, Li- brary Board of Trustees of 10/24, Long Range Planning Advisory Commission of 11/20, Zoning Advisory Commission of 12/4, Zoning Board of Adjustment of 11/21, Proof of Publication for City Council proceedings of 11/18. Upon motion the documents were received and filed. Notice of Claims and Suits: Melissa Gilstrap for property damage, Dawn Sheffer for vehicle damage. Upon motion the documents were received, filed and referred to the City Attorney. Disposition of Claims: City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Melissa Gilstrap for property damage and Dawn Sheffer for vehicle damage. Upon motion the documents were received, filed and concurred. Bee Branch Creek Watershed Flood Mitigation Project: City Manager transmitting the Bee Branch Creek Watershed Flood Mitigation Project Brochure. Upon motion the document was re- ceived and filed. Fiscal Year 2015 Annual Tax Increment Financing (TIF) Report: City Manager transmitting the Annual Tax Increment Financing (TIF) Report that has been filed with Dubuque County Auditor Denise Dolan. Upon motion the documents were received and filed. Human Rights Commission: Commissioner Michael Elliott submitting his resignation from the Human Rights Commission. Upon motion the document was received, filed and the resignation accepted. 1 Housing Commission: Commissioner Judie Root submitting her resignation from the Housing Commission. Upon motion the document was received, filed and the resignation accepted. Civil Service Commission: Civil Service Commission submitting the certified list for the position of Foreman. Upon motion the documents were received, filed and made a Matter of Record. December 11, 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 Fore- man was administered on December 19, 2013. We hereby certify that the individuals listed below have passed this 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. Foreman 1. Randal DeMoss 6. Brian Lochner 2. Mark Meyer 7. Paul DeMent 3. Jerome Ben 8. Lucas Gonyier 4. Daniel Mayne 9. Tim Lattner 5. Nicholas Wilson 10. Luke Steger 11. Jeffrey Steuer Respectfully submitted, Dan White, Chairman Civil Service Commission Final Plat - Brunskill Street Place No. 2: Zoning Advisory Commission recommending approval of the final plat for Brunskill Street Place No 2 subject to waiving the lot frontage requirements for Lots 2 through 6. Upon motion the documents were received and filed and Resolution No. 349-13 Approving the final Plat of Brunskill Street Place No. 2 in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 349-13 APPROVING THE FINAL PLAT OF BRUNSKILL STREET PLACE NO. 2 IN THE CITY OF DUBUQUE, IOWA Whereas, McDermott Brothers Construction, as owners, have filed with the City Clerk the Final Plat of Brunskill Street Place No. 2 in the City of Dubuque, Iowa; and Whereas, upon said final plat appears right-of-way for Brunskill Road (Lot A), together with cer- tain public utility access easements, which McDermott Brothers Construction by said Final Plat has dedicated to the public forever; and Whereas, said plat provides 0 feet of frontage for Lots 2 thru 6 , inclusive, where 50 feet is re- quired by Section 16-11-14(B) of the Unified Development Code; and Whereas, the final plat has been examined by the Zoning Advisory Commission and its ap- proval has been endorsed thereon; and Whereas, said final plat has been reviewed by the City Planner and her approval has been en- dorsed thereon, subject to the owner’s agreeing to the conditions specified herein; and Whereas, said final plat has been examined by the City Council and the City Council find the fi- nal plat conforms to the applicable statutes and ordinances, except that the streets and public utilities have not yet been completely constructed or installed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: 2 Section 1. That the dedication of Brunskill Road right-of-way (Lot A) and the easements for public utilities, as they appear on said Final Plat, be and the same are hereby accepted; and Section 2. That Section 16-14 11(B) of the Unified Development Code, is waived to allow Lots 2 through 6, inclusive, to have 0 feet of frontage, where 50 feet of frontage is required; and Section 3. The owner must continue to maintain Lot A of Brunskill Street Place No. 1, and storm water detention facility until (1) the facility has been fully completed, (2) 80% of the platted lots have been fully developed, and (3) adequate erosion control measures, as approved by the City have been installed on the remaining 20% of the lots. Acceptance of the facility must be by the City Council as required by the Subdivision Ordinance. Upon the City’s acceptance of the de- tention facility, the inspection administrative and maintenance expenses incurred by the City of Dubuque for the storm water detention facility (Lot A of Brunskill Street Place No. 1) shall be as- sessed against the lot owners of all additions in Brunskill Street Place No. 1 and No. 2, except the City, as indicated in the preliminary plat, in proportion to the acreage of each lot. The City Man- ager shall certify such costs to the City Clerk, who in turn shall promptly certify such costs to the Dubuque County Treasurer, and such costs shall then be collected with and in the same manner as general property taxes in accordance with provisions of law. Section 4. That the final acceptance of the public improvements shall only occur upon certifica- tion of the City Engineer to the City Council that the public improvements have been completed in accordance with the approved improvement plans and City standards and specifications and ac- cepted by City Council resolution. Section 5. That in the event McDermott Brothers Construction fails to execute the acceptance and furnish the guarantees provided hereof within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedications and approval of the plat shall not be effective. th Passed, approved and adopted this 16 day of December, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ACCEPTANCE OF RESOLUTION NO. 349-13 I, the undersigned, Dan McDermott, representing McDermott Brothers Construction, having read the terms and conditions of the Resolution No. 349-13 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. th Dated in Dubuque, Iowa this 17 day of December, 2013. /s/Dan McDermott of McDermott Brothers Construction Final Plat - Freedom Ridge Estates Plat 2: Zoning Advisory Commission recommending ap- proval of the final plat for Freedom Ridge Estates Plat 2 subject to waiving lot frontage for Lots 1, 2, and 4. Upon motion the documents were received and filed and Resolution No. 350-13 Approv- ing the Final Plat Freedom Ridge Estates, Plat 2, in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 350-13 APPROVING THE FINAL PLAT FREEDOM RIDGE ESTATES, PLAT 2, IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk the Final Plat Freedom Ridge Estates, Plat 2, in Dubuque County, Iowa; and Whereas, said Final Plat provides 0 feet of frontage for Lot 1 and Lot 4 and 31 feet of lot front- age for Lot 2 on a public street or approved private street, where 50 feet is required by Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code; and 3 Whereas, said Final Plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Final Plat has been examined by the City Council and they find that it conforms to the statues and ordinances relating to it. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is waived to allow 0 feet of frontage on a public street or an approved private street for Lot 1 and Lot 4 and 31 feet of lot frontage for Lot 2. Section 2. That approval of the Final Plat of Freedom Ridge Estates is contingent upon execu- tion of a pre-annexation agreement for the subject property in accordance with the City of Dubu- que Fringe Area Development Policy, unless said agreement is waived by the City Council. Section 3. That the Final Plat Freedom Ridge Estates, Plat 2, is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said final plat. Passed, approved and adopted this 16th day of December, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Final Plat - Katra Subdivision: City Manager recommending approval of the Final Plat of Katra Subdivision, subject to allowing a 22-foot paving width for Katra Court, a 25.88-foot lot frontage for Lot 5, and waiving Sections 11-20 Water Supply 11-21 Sanitary Sewer, 11-23 Obligation to Install Improvements, and 11-24 Improvement Guarantees. Upon motion the documents were received and filed and Resolution No. 351-13 Approving the Final Plat of Katra Subdivision in Dubuque County, Iowa, was adopted. RESOLUTION NO. 351-13 APPROVING THE FINAL PLAT OF KATRA SUBDIVISION IN DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Katra Subdivision; and Whereas, said Final Plat provides for a 22-foot pavement width for Katra Court, where 26-foot paving width for a private street is required by Section 11-15 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code; and Whereas, said Final Plat provides 25.88 feet of frontage for Lot 5 on a public street or an ap- proved private street, where 50 feet is required by Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code; and Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and has its approval endorsed thereon; and Whereas, said Final Plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That Section 11-15 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is waived to allow a 22-foot wide paved private street. Section 2. That Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is waived to allow 25.88 feet of frontage on a public street or an approved private street for Lot 5. Section 3. That the City Council hereby waives Sections 11-20 Water Supply, 11-21, Sanitary Sewer, 11-23 Obligation to Install Improvements, and 11-24 Improvement Guarantees. 4 Section 4. That the Final Plat of Katra Subdivision is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute their written ac- ceptance hereto attached agreeing: a) To construct private street improvements in accordance with improvement plans approved by Dubuque County and certified upon completion by a professional engineer licensed by the State of Iowa. b) To maintain the private street improvements constructed as part of Katra Subdivision until such time as a homeowners association is formed and is responsible for maintenance of the same. Section 5. That in the event Ken Kress fails to execute the acceptance within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the approval of the plat shall not be effective. Passed, approved and adopted this 16th day of December, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Freedom Ridge Estates Pre-Annexation Agreement: City Manager recommending approval of a Pre-Annexation Agreement with John and Tina Perry, property owners of 10600 Freedom Ridge Drive. Upon motion the documents were received and filed and Resolution No. 352-13 Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and John W. and Tina M. Perry was adopted. RESOLUTION NO. 352-13 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND JOHN W. AND TINA M. PERRY Whereas, John W. and Tina M. Perry are the owners of the following described property in Dubuque County, Iowa (the Property) and have submitted to the City Council of the City of Dubu- que an application for voluntary annexation of the Property to the City of Dubuque: Lot 1, Lot 2, Lot 3 and Lot 4 of Freedom Ridge Estates Plat 2; and Whereas, John W. and Tina M. Perry have entered into a Pre-annexation Agreement with the City of Dubuque a copy of which is attached hereto governing the future annexation of the Proper- ty; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in Dubu- que County, Iowa and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future orderly growth and development of the City of Dubuque, and will promote efficient and cost effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Pre-annexation Agreement by and between John W. and Tina M. Perry and the City of Dubuque is hereby approved. th Passed, approved and adopted this 16 day of December, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 5 IDOT Excess Right-of-Way Acceptance of Patent - Curtis and Bryant Streets: City Manager recommending acceptance of the Patent from the State of Iowa conveying four remnant parcels at Curtis and Bryant Streets to the City of Dubuque. Upon motion the documents were received and filed and Resolution No. 353-13 Accepting a conveyance of property (Lots E, F, G, and H in Bon- son & Stewart's Subdivision in the City of Dubuque, Dubuque County, Iowa) was adopted. RESOLUTION NO. 353-13 ACCEPTING A CONVEYANCE OF PROPERTY (LOTS E, F, G, AND H IN BONSON & STEW- ART’S SUBDIVISION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA) Whereas, on April 21, 2013, the City of Dubuque submitted an offer to purchase Lots E, F, G and H in Bonson & Stewart’s Subdivision in the City of Dubuque, Dubuque County, Iowa and the State of Iowa has accepted said offer to purchase; and Whereas, the City of Dubuque has remitted payment to the State of Iowa as agreed upon in the offer to purchase said property; and Whereas, the State of Iowa has executed a conveyance of said property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts, and consents to the Patent from the State of Iowa, a copy of which is attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. th Passed, adopted and approved this 16 day of December, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk Seippel Road Commercial Park - Acceptance of Public Improvements: City Manager recom- mending acceptance of the public improvements that the developer, Seippel Road, LLC, has re- cently completed in Seippel Road Commercial Park Subdivision. Upon motion the documents were received and filed and Resolution No. 354-13 Accepting public improvements in Seippel Road Commercial Park Subdivision in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 354-13 ACCEPTING PUBLIC IMPROVEMENTS IN SEIPPEL ROAD COMMERCIAL PARK SUBDIVI- SION IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to Resolution No. 473-05, certain public improvements including street pav- ing with curb, sanitary sewer main, watermain, storm sewers and catch basins, street lighting, and a stormwater detention facility were installed by the developer of Seippel Road Commercial Park in the City of Dubuque, Iowa; and Whereas, the improvements, except for storm water detention facilities and sanitary sewer main, have been completed and the City Manager has examined the work and has filed a certifi- cate stating that certain improvements have been completed in accordance with the plans ap- proved by the City Council and in conformance with City specifications, and has recommended that these 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 public im- provements in Seippel Road Commercial Park, except for storm water detention facilities and san- itary sewer main, be and the same are hereby accepted. 6 Section 2. That maintenance of said improvements shall be the responsibility of the contractor and owner, Seippel Road LLC, for a period of two (2) years from this date. Section 3. That the sanitary sewer manholes and piping shall remain the responsibility of the developer until it is connected to a public sanitary sewer in the future. Section 4. That the developer shall own and maintain the detention facility (Lot D) until it has been fully completed and 80% of the sum of the lots platted in the entire Seippel Road Commer- cial Park are fully developed and the remaining 20% of the lots have adequate erosion control measures as approved by the City, and the detention facility has been accepted by the City by resolution. th Passed, approved and adopted this 16 day of December, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk Thirty-Inch Force Main Project Phase I Acceptance: City Manager recommending acceptance th of the construction contract for Phase I of the 30-Inch Force Main Relocation Project from 9 th Street to 11 Street as completed by Portzen Construction. Upon motion the documents were re- ceived and filed and Resolution No. 355-13 Accepting Phase I of the 30-Inch Force Main Reloca- thth tion Project from 7 Street to 12 Street and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 355-13 TH ACCEPTING PHASE I OF THE 30 INCH FORCE MAIN RELOCATION PROJECT FROM 7 TH STREET TO 12 STREET AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for Phase I of the 30 Inch Force Main Relocation thth Project from 7 Street to 12 Street (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby ac- cepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Relocation of 30” Force Main around Old Public Works Garage, Southfork Interceptor and Watermain Exten- sion with Elm Street capital improvement appropriations for the contract amount of $812,351.43 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. th Passed, approved and adopted this 16 day of December, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF PHASE I OF THE 30 INCH THTH FORCE MAIN RELOCATION PROJECT FROM 7 STREET TO 12 STREET The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has in- thth spected Phase I of the 30 Inch Force Main Relocation Project from 7 Street to 12 Street, and that said Project has been performed in compliance with the terms of the Public Improvement 7 Contract, and that the total cost of the completed work is $1,144,209.15. th Dated this 9 day of December, 2013. /s/Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 10 day of December, 2013. /s/Kevin S. Firnstahl, CMC City Clerk Jule Transit System ITS Project Acceptance: City Manager recommending acceptance of the Jule Intelligent Transportation Project as completed by Trapeze Group. Upon motion the docu- ments were received and filed and Resolution No. 356-13 Accepting the Jule Intelligent Transpor- tation (ITS) Project and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 356-13 ACCEPTING THE JULE INTELLIGENT TRANSPORTATION PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Contract for the Jule Intelligent Transportation Project (the Project) has been completed according to the terms of the Contract and that the Director of Transit Operations rec- ommends that the Project be accepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The recommendation of the Director of Transit Operations is approved and the Pro- ject is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the State of Good Repair Grant (SGR) for the contract amount of $700,527.00 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in ac- cordance with the provisions of Iowa Code chapter 573. th Passed, approved and adopted this 16 day of December, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk Spahn & Rose vs. City of Dubuque: City Attorney recommending approval of a Release and Dismissal in the case of Spahn & Rose vs. City of Dubuque related to the 2011 force main break at the former Public Works Garage. Upon motion the documents were received, filed and ap- proved. Iowa Natural Heritage Foundation Warranty Deed: City Attorney recommending approval of a resolution accepting the Warranty Deed for the former Bottoms property adjacent to the E.B. Ly- ons Interpretive Center. Upon motion the documents were received and filed and Resolution No. 357-13 Accepting the deed to certain real estate in Dubuque County, Iowa from the Iowa Natural Heritage Foundation was adopted. RESOLUTION NO. 357-13 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM THE IOWA NATURAL HERITAGE FOUNDATION Whereas, the City of Dubuque entered into an Agreement with the Iowa Natural Heritage Foundation for the purchase of the following described real property in Dubuque County, Iowa: Lot 1 of JQ ACRES in Section 1, Table Mound Township, Dubuque County, Iowa; Lot 1 of the North West ¼ of the South West ¼ and The South West ¼ of the North West ¼ of Section 6, 8 th Township 88 North, Range 3 East of the 5 P.M., Dubuque County, Iowa, according to Govern- ment Survey and the respective recorded Plats thereof; and Whereas, the terms of the Agreement have now been met. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA, AS FOLLOWS: 1. The City of Dubuque hereby accepts the Deed from the Iowa Natural Heritage Foundation attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution and the Deed with the Dubuque County Recorder. th Passed, approved and adopted this 16 day of December, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Sustainable Dubuque Monthly Project Status Report: City Manager transmitting the Sustaina- ble Dubuque Monthly Project Status Report for November 2013. Upon motion the documents were received and filed. Family Self-Sufficiency Coordinators Funding: City Manager recommending approval of addi- tional funding in Fiscal Year 2014 to continue employment of the three Family Self- Sufficiency Program Coordinators. Motion by Jones to receive and file the documents and approve the rec- ommendation. Seconded by Resnick. City Manager Van Milligen explained the nature of the pro- gram and its funding stating that future funding will need to be approved through the City’s budget process or the program may not continue. Motion carried 7-0. TriState Quality Metals Economic Development Assistance Contract: City Manager recom- mending approval of the submission of an Economic Development Assistance Contract by Tri- State Quality Metals, LLC, the City of Dubuque and the Iowa Economic Development Authority. Upon motion the documents were received and filed and Resolution No. 358-13 Authorizing the execution of an Economic Development Assistance Contract by TriState Quality Metals, LLC, the City of Dubuque and the Iowa Economic Development Authority was adopted. RESOLUTION NO. 358-13 AUTHORIZING THE EXECUTION OF AN ECONOMIC DEVELOPMENT ASSISTANCE CON- TRACT BY TRISTATE QUALITY METALS, LLC, THE CITY OF DUBUQUE AND THE IOWA ECONOMIC DEVELOPMENT AUTHORITY Whereas, TriState Quality Metals, LLC has proposed making a $3.78 million investment for the construction of a new facility in the Dubuque Industrial Center South; and Whereas, the City Council of Dubuque, Iowa has considered said proposal and has determined that the proposed project will contribute to the local economy through the creation of 10 additional jobs; and Whereas, financial assistance from the Iowa Economic Development Authority is designed to assist in the economic development efforts of local jurisdictions; and Whereas, the City of Dubuque, Iowa provided local sponsorship on October 21, 2013 on behalf of TriState Quality Metals, LLC for their Business Financial Assistance Application with the Iowa Economic Development Authority. Whereas, the Iowa Economic Development Authority has requested execution of an Economic Development Assistance Contract with in order to finalize incentives and document associated terms. 9 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the Mayor is hereby authorized to execute and the City Manager is hereby di- rected to submit the Economic Development Assistance Contract to the Iowa Economic Devel- opment Authority together with such documents as may be required. th Passed, approved, and adopted this 16 day of December, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2012 City Council Official Proceedings: City Clerk submitting the Official Proceedings of the City Council for 2012. Upon motion the documents were received, filed and approved. Improvement Contracts and Maintenance Bonds: Ted Stackis Construction for the Fire Hydrant Painting Program Phase 4. Upon motion the documents were received, filed and approved. Alcohol License Applications: City Manager recommending approval of annual liquor, beer, and wine licenses as submitted. Upon motion the documents were received and filed and Resolution No. 359-13 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 Con- trol, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 359-12 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGU- LATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQUOR, BEER AND WINE LICENS- ES 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 approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and bonds and oth- erwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, 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. Renewal Cue Masters Billiards 900 Central Ave. Class C Liquor (Sunday) Eronel 285 Main St. Class C Liquor (Sunday) Instant Replay 1602 Central Ave. Class C Liquor (Sunday) (Living Quarters) Puff N Snuff 1101 Rhomberg Ave. Class E Liquor, Class B Wine, Class C Beer (Sunday) United Auto Workers, Local 94 3450 Central Ave. Class B Beer, Class B Native Wine (Sunday) 10 New Fife’s 1113 Main St. Class C Liquor Happy's Place 2323 Rockdale Rd. Class C Liquor (Sunday) th Passed, approved and adopted this 16 day of December, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Applications to the following Boards/Commissions were reviewed. Human Rights Commission: Three 3-year terms through January 1, 2017 (vacant term of Elliott and Expiring terms of Beacham and Jackson) Applicants: Andrea Beacham, 1548 Pego Ct.; Mi- quel Jackson, 2130 Woodland Dr., Apt 11; Christopher Ostwinkle, Ph.D., 3678 Pennsylvania Ave., Apt O-183 Mediacom Charitable Foundation: Two 1-year terms through December 31, 2014 (Expiring terms of Chavenelle and Twining) Applicants: Gail Chavenelle, 1155 Kelly Ln.; Connie Twining, 421 N. Booth St. PUBLIC HEARINGS Voluntary Annexation - Truck Country, 10785 U.S. Highway 61/151: Proof of publication on no- tice of public hearing to consider the request by McCoy Family Properties for the voluntary an- nexation of territory south of the City, and generally located at Truck Country, 10785 U.S. High- way 61/151 and the City Manager recommending tabling to the January 6, 2014 meeting. Motion by Jones to receive and file the documents and table to January 6, 2014. Seconded by Braig. Mo- tion carried 7-0. ACTION ITEMS 50% by 2030 Community Climate Action and Resiliency Plan: City Manager recommending approval of the final 50% by 2030 Community Climate Action and Resiliency Plan. Motion by Jones to receive and file and approve the recommendation. Seconded by Braig. Motion carried 7- 0. Inclusive Dubuque Funding Support: City Manager recommending approval of a request from Inclusive Dubuque for ongoing support of $75,000 per year to support the implementation of the Inclusive Dubuque Initiative. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Connors. A video of the Inclusive Dubuque kickoff press confer- ence was presented. Inclusive Dubuque coordinator Jessica Rose responded to questions about the collective impact model. City Council had discussion on how the funds would be used, estab- lishing goals, metrics and status reports. Motion carried 7-0. Bus Storage and Maintenance Facility: City Manager recommending approval of a budget sce- nario and submission of a Surface Transportation Program grant application for the Bus Storage Maintenance Facility project at the former site of the Public Works Garage, 925 Kerper Blvd. Mo- tion by Connors to receive and file the documents, approve the recommendation and adopt Reso- lution No. 360-13 Authorizing the filing of a grant application with the Dubuque Metropolitan Area 11 Transportation Study for Surface Transportation Program Funding for the City of Dubuque (Bus Storage and Maintenance Facility). Seconded by Braig. Transportation Directory for ECIA Chan- dra Ravada and Jule Transit Manager Candace Eudaley provided a slide presentation on the his- tory, current status, and budget of the project. Motion carried 7-0. RESOLUTION NO. 360-13 AUTHORIZING THE FILING OF A GRANT APPLICATION WITH DUBUQUE METROPOLITIAN AREA TRANSPORTATION STUDY FOR SURFACE TRANSPORTATION PROGRAM FUND- ING FOR THE CITY OF DUBUQUE (BUS STORAGE AND MAINTNANCE FACILITY) Whereas, The current facility is over 100 years old and has a leaking roof system causing other structural deficiencies; inadequate space for the fleet; and a sprinkler system not meeting fire code; and Whereas, The BSMF will provide housing for The Jule’s brand-new fleet of clean diesel buses that were purchased with federal and state grant funds during 2011-2012, as well as reduce long term maintenance costs by replacing the existing 100 year old facility. The BSMF will also provide options for future expansion; reduce deadhead travel and potential delays of the service. The BSMF will be located on the Intermodal Campus at the site of the old City garage and will com- plement the services provided at the Intermodal Center; and Whereas, the City of Dubuque is seeking the necessary funding for project implementation, and upon completion, in cooperation with the Federal Transit Authority, be responsible for ade- quately 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 DUBU- QUE, IOWA, THAT: Section 1. The City makes grant application with the Dubuque Metropolitan Area Transporta- tion Study for funds through the Surface Transportation Program to fund (Bus Storage and Maintenance Facility). th Passed, approved and adopted this 16 day of December, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk Code of Ordinances Amendment - Title 7 Hunting and Target Practice: City Manager recom- mending approval of an Ordinance to change Section 7-5A-16(B)(10) to be consistent with 7-5A- 16(A)(10) related to target practice. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Coun- cil meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 55-13 Amending City of Dubuque code of Ordinances Title 7 Police, fire, and Public Safety, Chapter 5 Offenses, Sec- tion 7-5A-16 Hunting and Target Practice Permitted by changing "firearm or other weapon" to "shotgun" for Code consistency. Seconded by Braig. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 55-13 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 7 POLICE, FIRE AND PUB- LIC SAFETY, CHAPTER 5 OFFENSES, SECTION 7-5A-16 HUNTING AND TARGET PRAC- TICE PERMITTED BY CHANGING “FIREARM OR OTHER WEAPON” TO “SHOTGUN” FOR CODE CONSISTENCY NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: 12 Section 1. Section 7-5A-16 of the City of Dubuque Code of Ordinances is amended to read as follows: 7-5A-16: HUNTING AND TARGET PRACTICE PERMITTED: . . . . B. Shotgun Target Practice: 1. Permit Issuance; Conditions: Subsections 7-5A-10A and C of this article notwithstanding, the city manager may issue an annual permit to a property owner for target practice within the corporate limits of the city on the owner's property, if the city manager determines that the property meets the following conditions: a. The property is zoned AG agricultural; b. The property is not less than ten (10) contiguous acres or more in size; c. The property owner agrees to be present to supervise target practice on the owner's property; and d. Allowing target practice on the property will not constitute a danger to public safety. 2. Application: An application to allow target practice shall be filed with the city manager on a form provided by the city manager. The application must include the following information: a. The name, address and telephone number of the applicant; b. The address where the target practice will take place; c. A site plan shall be a dimension drawing showing the following: (1) North arrow; (2) Property lines; (3) Location of buildings on the subject property and dimensions; and (4) Location of buildings on adjacent property, public streets, recreational trails or public waters. Falsification of information on an application is grounds for denial or revocation of a permit. 3. Approval Or Rejection; Permit Term: The city manager shall, upon consideration of the application and the information required herein, approve or reject the application. A permit is valid for a period of one year from the date thereof. 4. Nonrefundable Fee: At the time of filing the application, the applicant shall pay to the city a nonrefundable permit fee established by the city manager. 5. Revocation Or Suspension Of Permit; Appeal: A permit may be revoked or suspended by the city manager by written notice for a violation of any of the provisions of this section or any other ordinances of the city or the laws of the United States or the state of Iowa. The permittee may file with the city clerk a written notice of appeal to the city council from the suspension or revocation. 6. Compliance With State And Local Laws: A person engaged in target practice must comply with all state and local laws, rules, regulations and ordinances governing target practice. 7. Firearms Limited: The only firearm authorized for target practice is a shotgun with shot ammunition size 4-9. The use of slugs, rifles, pistols, deer slugs, and black powder rifles and all other firearms or other weapons is prohibited. 8. Notify Police Prior To Target Practice: The permittee shall notify police dispatch at the Dubuque law enforcement center, on the day on which target practice will occur and prior to the commencement of any target practice, of the location where the target practice will occur. 9. Approved Times: Target practice will be allowed from one-half (1/2) hour before sunrise to one-half (1/2) hour after sunset. 10. Discharging Firearm: A person engaged in target practice shall not discharge a shotgun in the direction of any person, livestock, building, public street, recreational trail or public wa- ters. 11. Exception: An exception to these rules may be granted if approved through a city of 13 Dubuque special events permit. . . . . Section 2. This Ordinance takes effect upon publication. th Passed, approved, and adopted the 16 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 20 day of December, 2013. /s/Kevin S. Firnstahl, City Clerk Code of Ordinances Amendment - Title 9 Motor Vehicles - Overtaking, Passing on Right: City Manager recommending an ordinance, which amends City of Dubuque Code of Ordinances Sec- tion 9-7-321.302: Overtaking, Passing on Right to mirror the Iowa Code. Motion by Connors to re- ceive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 56-13 Amending City of Dubuque Code of Ordinances title 9 Motor Vehicles and Traffic, Chapter 7 Operation, Section 9-7-321.302 Overtaking, Passing on Right to mirror State Code. Seconded by Braig. Motion car- ried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 56-13 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHICLES AND TRAFFIC, CHAPTER 7 OPERATION, SECTION 9-7-321.302 OVERTAKING, PASSING ON RIGHT TO MIRROR THE STATE CODE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Section 9-7-321.302 of the City of Dubuque Code of Ordinances is amended to read as follows: 9-7-321.302: OVERTAKING, PASSING ON RIGHT: A. Unless otherwise prohibited by law, the driver of a vehicle on a roadway with unobstructed pavement of sufficient width for two or more lanes of traffic moving in the same direction as the vehicle being passed may overtake and pass upon the right of another vehicle which is making or about to make a left turn when such movement can be made in safety. B. Unless otherwise prohibited by law, the driver of a vehicle may overtake and, allowing suffi- cient clearance, pass another vehicle proceeding in the same direction either upon the left or up- on the right on a roadway with unobstructed pavement of sufficient width of four (4) or more lines of moving traffic when such movement can be made in safety. C. The driver of a vehicle shall not drive off the pavement or upon the shoulder of the roadway or upon the apron or roadway of an intersecting roadway in overtaking or passing on the right or the left. D. A person convicted of a violation of this section is guilty of a simple misdemeanor punisha- ble as a scheduled violation under section 805.8A, subsection 6. Section 2. This Ordinance takes effect upon publication. th Passed, approved, and adopted the 16 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 20 day of December, 2013. /s/Kevin S. Firnstahl, City Clerk 14 Fire Station No. 4 Improvements - Mechanical and Restroom Upgrade Project Award: City Manager recommending award of the Fire Station No. 4 Improvements - Mechanical and Re- stroom Upgrade Project to Maryville Construction. Motion by Jones to receive and file the docu- ments and adopt Resolution No. 361-13 Awarding public improvement project for the Fire Station No. 4 Mechanical and Restroom Upgrade Project. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 361-13 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR FIRE STATION NO. 4 MECHANICAL AND RESTROOM UPGRADE PROJECT Whereas, sealed proposals have been submitted by contractors for the Fire Station No. 4 Me- chanical and Restroom Upgrade Project (the Project) pursuant to Resolution No. 316-13 and No- tice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 8th day of November, 2013, and th Whereas, said sealed proposals were opened and read on the 4 day of December, 2013 and it has been determined that Maryville Construction of Hazel Green, WI with a bid proposal in the amount of $216,000.00, is the responsive, responsible bidder for the Project, and Whereas, it has been determined that it is in the best interest of the City of Dubuque to enter into an improvement contract with Maryville Construction for said Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Maryville Construc- tion and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. th Passed, approved and adopted this 16 day of December, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk Jule Transit Facility Roof and Fire Sprinkler Repair Project Award: City Manager recommend- ing award of the construction documents and construction administration contract to FEH Associ- ates, Inc. Motion by Jones to receive and file the documents and adopt Resolution No. 362-13 Awarding construction document preparation and construction administration contract for the Jule Transit Facility Roof and Sprinkler Repair Project. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 362-13 AWARDING CONSTRUCTION DOCUMENT PREPARATION AND CONSTRUCTION ADMIN- ISTRATION CONTRACT FOR THE JULE TRANSIT FACILITY ROOF AND SPRINKLER RE- PAIR PROJECT Whereas, sealed proposals have been submitted by architects for the Jule Transit Facility Roof and Sprinkler Repair Project (the Project) pursuant to the Request for Proposals published in a th newspaper published in the City of Dubuque, Iowa on the 17 day of July, 2013; and st Whereas, said sealed proposals were opened and read on the 31 day of July, 2013 and it has been determined that FEH Associates, Inc. of Dubuque, Iowa, is the most responsive, responsible bidder for the Project with a cost of $24,030. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That a Contract for Construction Document Preparation and Construction Administration for the 15 Project is hereby awarded to FEH Associates, Inc. and the City Manager is hereby directed to ex- ecute a Contract on behalf of the City of Dubuque for the Project. th Passed, approved and adopted this 16 day of December, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk Request for Work Session - Bee Branch Creek Restoration Project Design: City Manager re- questing a work session on Monday, January 6, 2014 at 5:00 p.m. to discuss design elements of the Upper Bee Branch Creek Restoration Project. Motion by Braig to receive and file the docu- ments and set the work session as recommended. Seconded by Connors. Motion carried 7-0. Request for Work Session - Design Guidelines Manual: City Manager requesting a work ses- sion for Tuesday, January 21, 2014 at 5:15 p.m. to review the final draft of the design guidelines manual. Motion by Connors to receive and file the documents and set the work session as rec- ommended. Seconded by Braig. Motion carried 7-0. Request for Work Session - Housing and Community Development: City Manager requesting a work session for Monday, February 3, 2014 at 5:00 p.m. to provide information on the organiza- tional changes made in the Housing and Community Development Department. Motion by Braig to receive and file the documents and set the work session as recommended. Seconded by Con- nors. Motion carried 7-0. Request for Work Session - Compressed Natural Gas: City Manager requesting a work session on Monday, February 17, 2014 at 5:00 p.m. to discuss compressed natural gas. Motion by Braig to receive and file the documents and set the work session as recommended. Seconded by Con- nors. Motion carried 7-0. COUNCIL MEMBER REPORTS Mayor Buol reported on receiving a Christmas card from an anonymous visitor to Dubuque who commented on the beauty of the city. CLOSED SESSION Motion byJones to convene in closed session at 8:11 p.m. to discuss pending litigation, prop- erty acquisition and law enforcement matters pursuant to Chapter 21.5(1)(c), -(g), -(j) Code of Io- wa. Seconded by Resnick. Motion carried 7-0. Upon motion the City Council reconvened in open session at 8:36 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 8:37 pm. /s/Kevin S Firnstahl, CMC City Clerk 16