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11 7 11 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in Special Session at 5:00 P.M. on November 7, 2011 in the Historic Federal Building, 350 w. 6th Street. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Sutton, City Manager Van Milligen; City Attorney Lindahl (joined at 5:10 p.m.) Mayor Buol read the call and stated this is a special session of the City Council to conduct a work session on the Sustainable Dubuque Quarterly Update. WORK SESSION SUSTAINABLE DUBUQUE QUATERLY UPDATE Sustainability Coordinator Cori Burbach stated that the purpose of the update was to focus on sustainability programs that relate to the Economic Prosperity pillar of sustainability. Ms Burbach introduced members of the Sustainability Panel who updated the City Council on the following areas: • Growing Sustainable Communities Conference — Tom Woodward • Buyer /Supplier Network — Kelly McEleroy • Destination for Opportunity Rick Dickinson • Innovation Consortium — Dan Mc Donald • Green Jobs and Industry —Wendy Knight • Smarter Sustainable Dubuque — David Lyons There being no further business, upon motion the City Council adjourned at 6:09 p.m. /s /Kevin S. Firnstahl City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 pm on November 7, 2011 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Sutton, City Manager Van Milligen, City Attorney Lindahl Pledge of Allegiance Invocation was provided by Major Tom Mason of the Salvation Army. PRESENTATIONS Resource Management Coordinator Paul Schultz presented a gift from the Changsha Government of China / ICMA Fellowship Exchange to the City of Dubuque. Convention and Visitors Bureau Event and Sports Director Katie Simmons presented the Iowa Tourism Outstanding Elected Official Award to City Council Member Joyce Connors and the Niche Marketing Award for Art Market to the City of Dubuque and the Dubuque Arts Center. Dubuque Art Center Director Jordan DeGree presented the Arts Advocate of Distinction Award to Arts and Cultural Affairs Coordinator Jan Stoffel. Dubuque Community Y Domestic Violence Program Director Sr. Cherie Bulko recognized Dubuque Police Officer Lisa Latham for her outstanding support for victims of violence. Dubuque Main Street Executive Director Dan LoBianco presented the Dubuque Main Street Awards for Best Public Improvement /Rehabilitation (Historic Shot Tower), Best New Construction (10th and Central Avenue Parking Ramp), and Best Partnership (Smarter Sustainable Dubuque /IBM). PROCLAMATIONS Philanthropy Day (November 15, 2011) was accepted by Dan McCarthy of the Association of Fundraising Professionals Greater Tri -State Chapter. Hospice Month (November 2011) was accepted by Carole Carroll of Dubuque Hospice, 1670 John F. Kennedy Road. 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: Arts and Cultural Affairs Advisory Commission of 8/30 and 9/27, City Council Proceedings of 10/17, Civil Service Commission of 10/14, Carnegie -Stout Public Library of 6/30, 7/18, 8/25, 9/29, Dubuque County Emergency Management Commission of 8/2, Investment Oversight Commission of 10/26 Library Board of Trustees Update from Meeting of 9/29 2 Proofs of Publication for City Council Proceedings of October 3 and October 17, 2011; and List of Claims and Summary of Revenues for Month Ended September 30, 2011. Upon motion the documents were received and filed. Notice of Claims /Suits: Kenneth Miller for vehicle damage, Trisha Reck for property 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 Services of Iowa, the agent for the Iowa Communities Assurance Pool: Rahkee Norman for vehicle damage, Trisha Reck for property damage, Rose Schaepe for vehicle damage, Terry! Stewart for vehicle damage. Upon motion the documents were received, filed and concurred. 1000 Friends of Iowa — Roshek Building Recognition: City Manager transmitting correspondence from the 1000 Friends of Iowa informing the City that Dubuque Initiatives has received the Best Development Award in the Best Renovated Commercial /Civic Category for the adaptive re -use of the Roshek Building. Upon motion the document was received and filed. National Trust for Historic Places — Roshek Building Recognition: City Manager submitting correspondence from the National Trust for Historic Places informing the City that the Roshek Building will receive one of 14 National Preservation Honor Awards for 2011. Upon motion the document was received and filed. Government Finance Officer Association (GFOA) — Recognition: City Manager transmitting correspondence advising that the City of Dubuque and Budget Director Jenny Larson have been awarded the Distinguished Budget Presentation Award from the Government Finance Officers Association (GFOA). Upon motion the document was received and filed. Friends of the Mines of Spain — Recognition: City Manager transmitting a Certificate of Appreciation recognizing the City of Dubuque for supporting the Mines of Spain in the area of Partnership /Center and Land. Upon motion the document was received and filed. Letter of Intent — 2012 All- America City Award: Letter of Intent to apply for the 2012 All - America City Award to the National Civic League on behalf of the Community Foundation of Greater Dubuque, Every Child / Every Promise and the City of Dubuque. Upon motion the documents were received and filed. Environmental Stewardship Advisory Commission: Commissioner Edward Cawley submitting his resignation from the Environmental Stewardship Advisory Commission. Upon motion the documents were received, filed and the resignation accepted. Human Rights Commission: Commissioner Megan Gloss submitting her resignation from the Human Rights Commission. Upon motion the document was received, filed and the resignation accepted. Investment Oversight Advisory Commission: Commissioner Hiram Melendez submitting his resignation from the Investment Oversight Advisory Commission. Upon motion the document was received, filed and the resignation accepted. 3 American Society for Public Administration (ASPA): City Manager transmitting correspondence from Erik Bergrud, President of the American Society for Public Administration, informing the City Manager that he has been appointed to a three -year term on the Board of Editors for the ASPA's Public Administration Review journal. Upon motion the document was received and filed. Mediacom Communications: Communication from Lee Grassley, Senior Manager for Government Relations for Mediacom Communications, informing the City of changes in programming. Upon motion the documents were received and filed. Substance Abuse Services Center (SASC) — First Quarter Report: Substance Abuse Services Center (SASC) Executive Director Diane Thomas submitting the Center's First Quarter Report detailing the activities of the High Risk Youth Program. Upon motion the document was received and filed. Iowa Department of Transportation (IDOT) — Bee Branch Creek Trail: City Manager submitting correspondence from the Iowa Department of Transportation (IDOT) informing the City that the Iowa Transportation Commission has approved the Bee Branch Creek Trail — MRT Route for funding assistance from the State Recreational Trails Program. Upon motion the document was received and filed. Iowa Department of Transportation (IDOT) — Right -of -Way Lease Agreement: City Manager recommending approval of a lease agreement with the Iowa Department of Transportation (IDOT) for use of the right -of -way east of Elm Street for a surface parking lot to facilitate the increased parking needs in the Historic Millwork District. Upon motion the documents were received, filed, and approved. AT &T — Lease Extension: City Manager submitting correspondence from William Armstrong, Cingular Wireless Project Manager / AT &T, informing the City of their intent to extend the lease term for Site DBQ284A (1525 West Third Street Water Tower) for five years. Upon motion the documents were received and filed. Federal Emergency Management Agency (FEMA): City Manager transmitting correspondence from Louis Rodriguez of the Federal Emergency Management Agency (FEMA) revalidating the determinations for properties and /or structures as described in previously issued Letters of Map Change (LOMCs), subsequent revisions to the October 18, 2011 National Flood Insurance Program (NFIP) map and encouraging distribution of the information to the community. Upon motion the document was received, filed and referred to the City Manager. State of Iowa Annual Financial Report: City Manager recommending approval to publish the cover page of the Fiscal Year 2011 Annual Financial Report and file the entire report with the State Auditor's Office by December 1, 2011 as required by Section 384.22 of the Code of Iowa. Upon motion the documents were received, filed, and approved. Workers' Compensation Claims Administration Agreement: City Manager recommending approval of the agreement between the City of Dubuque and Alternative Services Concepts (ASC) for services related to the administration of the City's Workers' Compensation Program 4 effective October 1, 2011 through September 30, 2012. Upon motion the documents were received, filed, and approved. Appeal of Claim by Chelsea Smith: Correspondence from Jo Ellen Reed and Chelsea Smith appealing a claim against the City of Dubuque denied by the Iowa Communities Assurance Pool (ICAP). Upon motion the document was received, filed and referred to the City Attorney. AmeriCorps — 2012 -2013 Grant Application: City Manager recommending the execution of the Iowa Commission on Volunteer Service City of Dubuque AmeriCorps Program grant application. Upon motion the documents were received, filed, and approved. AmeriCorps — Agreement with Dubuque Community School District: City Manager recommending approval of an agreement between the Dubuque Community School District and AmeriCorps for the 2011 -2012 school year for AmeriCorps members to serve in elementary, middle and high schools. Upon motion the documents were received, filed, and approved. Hillcrest Family Services — Temporary Parking Agreement: City Manager recommending approval of a temporary parking license agreement in Flora Park for Hillcrest Family Services, Inc., during their construction process. Upon motion the documents were received, filed, and approved. Iowa 32 Bike /Hike Trail Project — Phase 3 Acceptance: City Manager recommending acceptance of the Iowa 32 Bike /Hike Trail Phase 3 Project (between Plaza Drive and Payton Street), as completed by Drew Cook & Sons Excavating, in the final amount of $136,946. Upon motion the documents were received and filed and Resolution No. 355 -11 Accepting the Iowa 32 Bike /Hike Trail Phase 3 Project and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 355 -11 ACCEPTING THE IOWA 32 BIKE /HIKE TRAIL PHASE 3 PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Iowa 32 Bike /Hike Trail Phase 3 Project (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 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 Iowa 32 Bike /Hike Trail Phase 3 Project appropriation for the contract amount of $136,946 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 7th day of November, 2011. Attest: Kevin S. Firnstahl, City Clerk 5 Roy D. Buol, Mayor Bee Branch Creek Restoration Project — 1517 Maple Street: City Manager recommending establishing the fair market value of 1517 Maple Street, owned by Tony Zenner, at the appraised value of $66,950, and authorizing the City Manager to commence negotiations to acquire the property for the Bee Branch Creek Restoration Project and further authorization to acquire the property through eminent domain if negotiations fail. Upon motion the documents were received and filed and Resolution No. 356 -11 Establishing the fair market value and authorizing the acquisition by eminent domain of certain real property owned by Tony Zenner in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 356 -11 ESTABLISHING THE FAIR MARKET VALUE AND AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN REAL PROPERTY OWNED BY TONY ZENNER IN THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque (City) intends to acquire certain real property owned by Tony Zenner (Owner), legally described as follows (the Property): North 1/2 and South 1/2 of Lot 287 in East Dubuque No. 2, all in the City of Dubuque, Dubuque County, Iowa, as shown on Exhibit A attached hereto for the purpose of the stormwater conveyance associated with the restoration of the Bee Branch Creek; and Whereas, Iowa law requires that City must make a good faith effort to negotiate with the Owner to purchase the Property before proceeding with condemnation; and Whereas, City has caused an appraisal of the property to be made and the appraised value of the property is $66,950.00; and Whereas, the City Council now desires to establish the fair market value of the property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1. The fair market value of the Property is hereby established to be $66,950.00. 2. The City Manager is hereby authorized to commence negotiations with the Owner of the Property and any other interested parties for the purchase of the Property for a purchase price which is not less than the fair market value established by this resolution. 3. The City Manager is hereby authorized to commence proceedings for the acquisition of the Property by eminent domain should negotiations fail. Passed, approved and adopted this 7th day of November, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Bee Branch Creek Restoration Project — 508 E. 16th Street: City Manager recommending establishing the fair market value of 508 E. 16th Street owned by WP Investments, at the appraised value of $300,000, and authorize the City Manager to commence negotiations to acquire the property for the Bee Branch Creek Restoration Project and further authorization to acquire the property through eminent domain if negotiations fail. Upon motion the documents were received and filed and Resolution No. 357 -11 Establishing the fair market value and authorizing the acquisition by eminent domain of certain real property owned by WP Investments, LLC in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 357 -11 ESTABLISHING THE FAIR MARKET VALUE AND AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN REAL PROPERTY OWNED BY WP INVESTMENTS, LLC IN THE CITY OF DUBUQUE, IOWA 6 Whereas, the City of Dubuque (City) intends to acquire certain real property owned by WP Investments, LLC (Owner), at 508 E. 16th Street legally described as follows (the Property): South 33.5' of Lot 254, North 18' of Lot 254, Lot 253 and the West 1/2 of Lot 252 in East Dubuque No. 2, all in the City of Dubuque, Dubuque County, Iowa, as shown on Exhibit A attached hereto for the purpose of constructing, operating, and maintaining the Bee Branch Creek Restoration, a stormwater management project; and Whereas, Iowa law requires that City must make a good faith effort to negotiate with the Owner to purchase the Property before proceeding with condemnation; and Whereas, City has caused an appraisal of the property to be made and the appraised value of the property is $300,000.00; and Whereas, the City Council now desires to establish the fair market value of the property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1. The fair market value of the Property is hereby established to be $300,000.00. 2. The City Manager is hereby authorized to commence negotiations with the Owner of the Property and any other interested parties for the purchase of the Property for a purchase price which is not less than the fair market value established by this resolution. 3. The City Manager is hereby authorized to commence proceedings for the acquisition of the Property by eminent domain should negotiations fail. Passed, approved and adopted this 7th day of November, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Bee Branch Creek Restoration Project — 540 E 16th Street: City Manager recommending establishing the fair market value of 540 E. 16th Street owned by WP Investments, at the appraised value of $68,000, and authorize the City Manager to commence negotiations to acquire the property for the Bee Branch Creek Restoration Project and further authorization to acquire the property through eminent domain if negotiations fail. Upon motion the documents were received and filed and Resolution No. 358 -11 Establishing the fair market value and authorizing the acquisition by eminent domain of certain real property owned by WP Investments, LLC in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 358 -11 ESTABLISHING THE FAIR MARKET VALUE AND AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN REAL PROPERTY OWNED BY WP INVESTMENTS, LLC IN THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque (City) intends to acquire certain real property owned by WP Investments, LLC (Owner), at 540 E. 16th Street legally described as follows (the Property): East 1/2 of Lot 252 in East Dubuque No. 2, all in the City of Dubuque, Dubuque County, Iowa, as shown on Exhibit A attached hereto for the purpose of constructing, operating, and maintaining the Bee Branch Creek Restoration, a stormwater management project; and Whereas, Iowa law requires that City must make a good faith effort to negotiate with the Owner to purchase the Property before proceeding with condemnation; and Whereas, City has caused an appraisal of the property to be made and the appraised value of the property is $68,000.00; and Whereas, the City Council now desires to establish the fair market value of the property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1. The fair market value of the Property is hereby established to be $68,000.00. 7 2. The City Manager is hereby authorized to commence negotiations with the Owner of the Property and any other interested parties for the purchase of the Property for a purchase price which is not less than the fair market value established by this resolution. 3. The City Manager is hereby authorized to commence proceedings for the acquisition of the Property by eminent domain should negotiations fail. Passed, approved and adopted this 7th day of November, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Bee Branch Creek Restoration Project — 2410 Washington Street: City Manager recommending approval to purchase a 4 -plex rental property owned by Kim McDermott at 2410 Washington Street for $119,000 as part of the acquisition program associated with the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 359 -11 Approving the acquisition of real estate owned by Kim McDermott in the City of Dubuque was adopted. RESOLUTION NO. 359 -11 APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY KIM MCDERMOTT 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 owner of the property scheduled 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: Southwesterly 44' of Lot Twenty Three (23) of 0 S Langworthys Subdivision, in the City of Dubuque, Iowa, according to the recorded Plat of said subdivision, County of Dubuque, State of Iowa, at the cost of One Hundred Nineteen Thousand and 00/100 Dollars ($119,000.00). 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 described real estate. Section 3. That the City Clerk be and is hereby authorized and directed to cause said Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with certified 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 7th day of November, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Bee Branch Subdivision — Plats of Survey: City Manager recommending approval of the Plats of Survey for Bee Branch Subdivision Nos. 3, 4, 5, and 6 in order to separate buildable areas from the area of the parcels needed for the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 360 -11 Approving Plat of Survey of Lots 1 and 2 of Bee Branch Subdivision No.3 in the City of Dubuque, Dubuque County, Iowa; Resolution No. 361 -11 Approving Plat of Survey of Lots 1 and 2 of Bee Branch 8 Subdivision No. 4 in the City of Dubuque, Dubuque County, Iowa; Resolution No. 362 -11 Approving Plat of Survey of Lots 1 and 2 of Bee Branch Subdivision No. 5 in the City of Dubuque, Dubuque County, Iowa; and Resolution No. 363 -11 Approving Plat of Survey of Lots 1 and 2 of Bee Branch Subdivision No. 6 in the City of Dubuque, Dubuque County, Iowa, were adopted. RESOLUTION NO. 360 -11 APPROVING PLAT OF SURVEY OF LOTS 1 AND 2 OF BEE BRANCH SUBDIVISION NO. 3 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 13th day of October, 2011, prepared by Buesing & Associates describing the division of Lot 1 of the Subdivision of the South 45 Feet of Lot 104 in L.H. Langworthy's Addition to be hereinafter known as Lot 1 and Lot 2 of Bee Branch Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated the 13th day of October, 2011, prepared by Buesing & Associates relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 7th day of November, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 361 -11 APPROVING PLAT OF SURVEY OF LOTS 1 AND 2 OF BEE BRANCH SUBDIVISION NO. 4 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 13th day of October, 2011, prepared by Buesing & Associates describing the division of Lot 1 of the Northerly 30 Feet of Lot 104 in L.H. Langworthy's Addition to be hereinafter known as Lot 1 and Lot 2 of Bee Branch Subdivision No. 4 in the City of Dubuque, Dubuque County, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated the 13th day of October, 2011, prepared by Buesing & Associates relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 7th day of November, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 9 RESOLUTION NO. 362 -11 APPROVING PLAT OF SURVEY OF LOTS 1 AND 2 OF BEE BRANCH SUBDIVISION NO. 5 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 13th day of October, 2011, prepared by Buesing & Associates describing the division of the Southerly 30 Feet of the Northerly 80 Feet of Lot 1 -105 in L.H. Langworthy's Addition to be hereinafter known as Lot 1 and Lot 2 of Bee Branch Subdivision No. 5 in the City of Dubuque, Dubuque County, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated the 13th day of October, 2011, prepared by Buesing & Associates relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 7th day of November, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 363 -11 RESOLUTION APPROVING PLAT OF SURVEY OF LOTS 1 AND 2 OF BEE BRANCH SUBDIVISION NO. 6 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 13th day of October, 2011, prepared by Buesing & Associates describing the division of the Northerly 50 Feet of Lot 1 -105 in L.H. Langworthy's Addition to be hereinafter known as Lot 1 and Lot 2 of Bee Branch Subdivision No. 6 in the City of Dubuque, Dubuque County, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated the 13th day of October, 2011, prepared by Buesing & Associates relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 7th day of November, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Request for Proposal — Dubuque Marina Management: City Manager recommending approval to initiate the Request for Proposal process for Marina Facilities Management Services for the Port of Dubuque Marina Project. Upon motion the documents were received, filed, and approved. Request for Proposal — The Jule Intelligent Technology Systems (ITS) Equipment: City Manager recommending approval to issue a Request for Proposals for the purchase and 10 installation of Intelligent Technology Systems (ITS) equipment on The Jule's buses. Upon motion the documents were received, filed, and approved. Project Update — 7th Street Retaining Wall Emergency Repair: City Manager recommending rejection of all bids for the 7th Street Retaining Wall Emergency Repairs Project and that the project be re -bid over the winter with a completion date of June 15, 2012 and that the rejection of bids be officially recorded in the minutes of the City Council. Upon motion the documents were received, filed and made a Matter of Record. Project Update — Madison Street Retaining Wall Emergency Repair: City Manager recommending re -bid of the Madison Street Retaining Wall Emergency Repairs Project over the winter with a completion date of June 15, 2012 and that the project delay be officially recorded in the minutes of the City Council. Upon motion the documents were received, filed and made a Matter of Record. Quarterly Investment Report: City Manager transmitting the Quarterly Investment Report for the period of July 1, 2011 through September 30, 2011. Upon motion the documents were received and filed. 40 Main, LLC — Fourth Amendment to Development Agreement: City Manager recommending approval of the Fourth Amendment to the Development Agreement with 40 Main, LLC. Upon motion the documents were received and filed and Resolution No. 364 -11 Approving the Fourth Amendment to the 40 Main, LLC Development Agreement was adopted. RESOLUTION NO. 364 -11 APPROVING THE FOURTH AMENDMENT TO THE 40 MAIN, LLC DEVELOPMENT AGREEMENT Whereas, a Development Agreement (the Agreement), dated January 15, 2009, was entered into by and between the City of Dubuque, a municipal corporation of the State of Iowa (City), and 40 Main LLC (Developer); and Whereas, the Agreement was amended (First Amendment) on May 18, 2009; and Whereas, the Agreement was further amended (Second Amendment) on August 3, 2009; and Whereas, the Agreement was further amended (Third Amendment) on October 13, 2010; and Whereas, the Agreement provides for an Economic Development Loan with a balloon payment for one (1) year from December 31, 2011; and Whereas, Developer desires to extend the Economic Development Loan balloon payment for one (1) year from December 31, 2011 to December 31, 2012 as set forth in the proposed Fourth Amendment attached hereto; and Whereas, the City Council has agreed to extend the Economic Development Loan balloon payment due date on the terms and conditions set forth in the Fourth Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Fourth Amendment of the 40 Main LLC Development Agreement is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute said Fourth Amendment 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 implement the terms of the Fourth Amendment as herein approved. Passed, approved and adopted this 7th day of November 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Caradco Project — Housing Enterprise Zone Amendment: City Manager recommending approval of an amendment to the Housing Enterprise Zone Program Agreement for the Caradco Project approving the change of ownership from Caradco Building, LLLP to Caradco Landlord, LLC. Upon motion the documents were received and filed and Resolution No. 365- 11 Approving an amendment to a Housing Enterprise Zone Program Agreement by and among the Iowa Department of Economic Development, the City of Dubuque and Caradco Building, LLP was adopted. RESOLUTION NO. 365 -11 APPROVING AN AMENDMENT TO A HOUSING ENTERPRISE ZONE PROGRAM AGREEMENT BY AND AMONG THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT, THE CITY OF DUBUQUE AND CARADCO BUILDING, LLLP Whereas, the City of Dubuque has established two Enterprise Zones and an Enterprise Zone Commission; and Whereas, the Enterprise Zone Commission on February 24, 2010 approved the application of Caradco Building, LLLP for Housing Enterprise Zone benefits; and Whereas, Caradco Building, LLLP's application was approved by the Iowa Department of Economic Development on June 10, 2010; and Whereas, the Enterprise Zone Agreement was approved by the City Council by Resolution No. 312 -10 on August 16, 2010; and Whereas, an amendment is needed to transfer the agreement to Caradco Landlord, LLC as it is the new developer for the project; and Whereas, the City Council finds that the proposed amendment is acceptable and necessary to the growth and development of the city. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Iowa Department of Economic Development Housing Enterprise Zone Program Agreement Amendment 1, Number 10 -HEZ -041, is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the amendment on behalf of the City of Dubuque and forward the executed copy to the Iowa Department of Economic Development for their approval. Passed, approved and adopted this 7th day of November, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Dubuque Regional Airport — Small Community Air Service Development: City Manager recommending that the City provide the previously budgeted $150,000 grant match for the $500,000 Small Community Air Service Development Grant from the U.S. Department of Transportation. Upon motion the documents were received, filed, and approved. Sustainable Dubuque — Monthly Report: City Manager submitting the Sustainable Dubuque Monthly Report for October 2011. Upon motion the documents were received and filed. 12 Vehicle Noise Memorandum Addendum: City Manager providing an update to the information provided on July 25, 2011 regarding the Dubuque Police Department Police Department's vehicle noise enforcement efforts, as well as addressing citizen concerns on the efforts and suggestions on setting decibel limits and using noise meters. Upon motion the documents were received and filed. Historic Preservation Commission: Communication from the Historic Preservation Commission requesting the City Council make the West Locust and Bluff Street area a top priority during this year's goal setting session. Upon motion the documents were received and filed. Dubuque Casino Hotel — Assignment of Lease Agreement: City Manager recommending approval of the Assignment of Lease Agreement for Dubuque Casino Hotel, LLC to DuPaco Community Credit Union as security for financing of Dubuque Casino Hotel, LLC's current indebtedness. This item was withdrawn from the agenda at the request of the property owner. Stipulation of Settlement — Property Tax Appeal: City Attorney recommending approval of the Stipulation of Settlement for First Northwestern Trust & Nellis Management for property located at 1500 John F. Kennedy Road (Long John Silver's). Upon motion the documents were received, filed, and approved. Iowa Economic Development Authority (IEDA): Correspondence from the Director of the Iowa Economic Development Authority (IEDA) Director Deborah Durham informing the City that it has approved the eligibility of Dubuque Convention & Visitors Bureau for Fiscal Year 2012 Regional Sports Authority District Certification. Upon motion the documents were received and filed. Iowa Department of Natural Resources (IDNR): City Manager transmitting correspondence from the Iowa Department of Natural Resources (IDNR) informing the City it has placed the Water Pollution Control Plant Cogeneration Facilities Project on the Fundable List of the Intended Use Plan (IUP) for the Fiscal Year 2012 3rd Quarter IUP. Upon motion the documents were received and filed. Regional Transit Authority (RTA) — Termination of Lease Agreement: City Manager recommending termination of the City's lease with the Regional Transit Authority (RTA) for two light -duty Sprinter buses in the exchange for a payment to the City of $24,181.18. Upon motion the documents were received, filed, and approved. Signed Contracts: A) Dittmer Recycling Incorporated Amendment to Agreement; B) Strand Associates Water Pollution Control Plant Modifications Project Change Order No. 11 with Miron Construction Co., Inc.; C) Strand Associates Water Pollution Control Plant Modifications Project Change Order No. 12 with Miron Construction Co., Inc.; D) Strand Associates Water Pollution Control Plant Modifications Project Change Order No. 13 with Miron Construction Co., Inc.; E) Interstate Power & Light Soil Use Agreement for Excess Excavated Soil; F) Allender Butzke Engineers, Inc., Water Pollution Control Plant Modifications Project Amendment No. 2 for Geotechnical Engineering Services; G) Vendor Services Agreement with Environmental Management Services of Iowa, Inc. for asbestos removal related to the Fire Department Headquarters Roof Replacement Project; H) Indemnification Agreement between the City of Dubuque and Ronald and Sandy Conrad; I) Public Improvement Contract between 13 the City of Dubuque and Vorwald Log & Lumber for the deconstruction of the commercial building at 501 Garfield Avenue. Upon motion the documents were received and filed. Alcohol Compliance — Civil Penalties for Alcohol License Holders for HyVee Wine & Spirits: City Manager recommending approval of the Acknowledgement / Settlement Agreement for an alcohol compliance violation for HyVee Wine & Spirits at 3500 Dodge Street. Upon motion the documents were received, filed, and approved. Alcohol Compliance — Civil Penalties for Alcohol License Holders for Kalmes Breaktime Bar & Grill: City Manager recommending approval of the Acknowledgement / Settlement Agreement for an alcohol compliance violation for Kalmes Breaktime Bar & Grill at 1097 Jackson Street. Upon motion the documents were received, filed, and approved. Liquor License Refund: Cafe Mana Java West requesting a refund on Special Class "C" Liquor License No. BW0093112 in the amount of $253.13. Upon motion the documents were received, filed, and approved. Liquor License Applications: City Manager recommending approval of annual liquor license renewals as submitted. Upon motion the documents were received and filed and Resolution No. 366 -11 Granting the issuance of a Class "B" (Hotel /Motel) Liquor License to Grand Harbor Resort & Water Park, Hotel Julien Dubuque; a Class "C" Beer /Liquor License to Yen Ching Restaurant, Aragon Tap; a Class "B" Wine Permit to Target Store T -0086, and a Class "WBN" Native Wine Permit to Kwik Stop; and Resolution No. 367 -11 Granting the issuance of a Class "B" Beer Permit to Jumpin' Jane's Indoor Party Center; a Class "C" Beer Permit to Big 10 Mart Car Wash, Kwik Stop, Target Store T -0086, and Kwik Stop Food Mart were adopted. RESOLUTION NO. 366 -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. 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. Platinum Holdings, LLC HDJ Subtenant LLC Hernandez Corporation Aragon Tap, Inc. Target Corporation CLASS "B" (HOTEL /MOTEL) LIQUOR LICENSE Grand Harbor Resort/Water Park +(Sunday /Outdoor Sale) Hotel Julien Dubuque +(Sunday /Outdoor Sale) CLASS "C" BEER /LIQUOR LICENSE Yen Ching Restaurant Aragon Tap, Inc. +(Sunday Sale) 350 Bell St. 200 Main St. 926 Main St. 1103 Iowa St. CLASS "B" WINE Target Store T -0086 3500 Dodge St. 14 CLASS "WBN" NATIVE WINE Rainbo Oil Company Kwik Stop Rainbo Oil Company Kwik Stop Passed, approved and adopted this 7th day of November, 2011 Attest: Kevin S. Firnstahl, City Clerk 4110 Dodge St. 4039 Pennsylvania Ave. Roy D. Buol, Mayor RESOLUTION NO. 367 -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 Permit. R2K Entertainment CLASS "B" BEER PERMIT Jumpin' Jane's Indoor Party Center +(Sunday Sale) CLASS "C" BEER PERMIT Molo Oil Company Big 10 Mart Car Wash +(Sunday Sale) Rainbo Oil Company Kwik Stop +(Sunday Sale) Target Corp. Target Store T -0086 +(Sunday Sale) Rainbo Oil Company Kwik Stop Food Mart +(Sunday Sale) Passed, approved and adopted this 7th day of November, 2011. Attest: Kevin S. Firnstahl, City Clerk ITEMS TO BE SET FOR PUBLIC HEARING 4292 Dodge St. 1875 JFK Rd. 4110 Dodge St. 3500 Dodge St. 4039 Pennsylvania Ave. Roy D. Buol, Mayor Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Connors. Motion carried 7 -0. Grand River Center — Exhibit Hall Carpet Replacement: City Manager recommending setting a public hearing for November 21, 2011 and initiations of the public bidding process for the Grand River Center exhibit Hall Carpet Replacement Project. Upon motion the documents were received and filed and Resolution No. 368 -11 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on November 21, 2011 in the Historic Federal Building. RESOLUTION NO. 368 -11 GRAND RIVER CENTER EXHIBIT HALL CARPET REPLACEMENT PROJECT - PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, 15 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 Grand River Center Exhibit Hall Carpet Replacement Project, in the estimated amount $125,000, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 11th day of November, 2011, at 6:30 p.m. in the Council Chambers, second floor of the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, 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 Grand River Center Exhibit Hall Carpet Replacement 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 conform 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 improvements 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 published not less than four but not more than forty -five days before the date for filing bids before 2:00 p.m. on the 23rd 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 5th day of December, 2011, in Council Chambers, second floor of the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 7th day of November, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Old Main Urban Revitalization Area Plan: City Manager recommending setting a public hearing for November 21, 2011 to consider an amendment to the Old Main Urban Revitalization Area Plan. Upon motion the documents were received and filed and Resolution No. 369 -11 Acknowledging a proposed amendment to the Plan for the Old Main Urban Revitalization Area and providing for a public hearing was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on November 21, 2011 in the Historic Federal Building. RESOLUTION NO. 369 -11 ACKNOWLEDGING A PROPOSED AMENDMENT TO THE PLAN FOR THE OLD MAIN URBAN REVITALIZATION AREA AND PROVIDING FOR A PUBLIC HEARING Whereas, the City Council has found that an amendment to the Old Main Urban Revitalization Area Plan as established by Ordinance No. 87 -2002 is necessary; and Whereas, Chapter 404 of the Code of Iowa provides that a public hearing shall be held on a proposed amendment to the Plan for the revitalization area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 16 Section 1. That the proposed amendment to the Old Main Urban Revitalization Plan November 2011 Amendment, a copy of which is attached hereto and made a part hereof, shall be made a matter of record and shall be available for public inspection in the Office of the City Clerk at City Hall, 50 West 13th Street, Dubuque, Iowa. Section 2. That the City Clerk is directed to publish notice of a public hearing on the proposed amendment to the Old Main Urban Revitalization Area Plan to be held on November 21, 2011 at 6:30 p.m. in the City Council Chambers, 2nd Floor, Historic Federal Building, 350 West 6th Street, Dubuque, Iowa 52001. Passed, approved and adopted this 7th day of November, 2011. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk University of Dubuque Geothermal Line — Bennett Street Easement: City Manager recommending setting a public hearing for November 21, 2011 to consider granting an easement across Bennett Street to accommodate the geothermal system for the University of Dubuque Performing Arts Center. Upon motion the documents were received and filed and Resolution No. 370 -11 Resolution of Intent to dispose of City interest by Grant of Easement for private utility to University of Dubuque for an underlying portion of Bennett Street was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on November 21, 2011 in the Historic Federal Building. RESOLUTION NO. 370 -11 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST BY GRANT OF EASEMENT FOR PRIVATE UTILITY TO UNIVERSITY OF DUBUQUE FOR AN UNDERLYING PORTION OF BENNETT STREET Whereas, University of Dubuque has requested a "Grant of Easement" for private utility for an underlying portion of Bennett Street for the supply and return lines of a geo- thermal system; and Whereas, WHKS has prepared and submitted to the City Council an exhibit showing the underlying portion of Bennett Street, running between Lot 2 -15 and Lot 1- 1 -2 -14 both in O'Hare's Subdivision for the proposed geo - thermal lines in the City of Dubuque, Dubuque County, Iowa, should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to grant an easement for an underlying portion of Bennett Street in the City of Dubuque, Dubuque County, Iowa. Section 2. That the granting of easement in the City of Dubuque, Dubuque County, Iowa to the University of Dubuque be contingent upon the payment of $500.00, plus platting fees. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of City interest by grant of easement for an underlying portion of Bennett Street to be published in the manner as prescribed by law. Passed, approved and adopted this 7th day of November, 2011. Roy D. Buol, Mayor Attest: Kevin J. Firnstahl, City Clerk Lower Bee Branch Creek Enhancement — Floating Island: City Manager recommending setting a public hearing for December 5, 2011 and initiation of the public bidding process for the Bee Branch Creek Floating Island Project. Upon motion the documents were received and filed and Resolution No. 371 -11 Preliminary approval of plans, specifications, form of contract, 17 and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids (Lower Bee Branch Creek Floating Island Project) was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on December 5, 2011 in the Historic Federal Building. RESOLUTION NO. 371 -11 LOWER BEE BRANCH CREEK FLOATING ISLAND PROJECT - PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED 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 Lower Bee Branch Creek Floating Island Project, in the estimated amount of $198,495.00, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 5th day of December, 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 Lower Bee Branch Creek Floating Island 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 conform 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 improvements 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 published not less than four but not more than forty -five days before the date for filing bids before 2:00 p.m. on the 8th day of December, 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., in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa, on the 19th day of December, 2011. Passed, approved and adopted this 7th day of November, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Lower Bee Branch Creek Enhancement — Overlooks: City Manager recommending setting a public hearing for December 5, 2011 and initiation of the public bidding process for the Overlooks enhancement related to the Lower Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 372 -11 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids (Lower Bee Branch Creek Enhancement — Overlooks) was adopted setting a public 18 hearing for a meeting to commence at 6:30 p.m. on December 5, 2011 in the Historic Federal Building. RESOLUTION NO. 372 -11 LOWER BEE BRANCH CREEK OVERLOOK PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED 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 Lower Bee Branch Creek Overlook Project, in the estimated amount of $1,170,411.00, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 5th day of December, 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 Lower Bee Branch Creek Overlook 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 conform 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 improvements 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 published not less than four but not more than forty -five days before the date for filing bids before 2:00 p.m. on the 8th day of December, 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., in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa, on the 19th day of December, 2011. Passed, approved and adopted this 7th day of November, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS /COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards /Commissions: Environmental Stewardship Advisory Commission: One 3 -year term through October 1, 2014 (expired term of Cawley). Applicant: Wayne Klostermann, 2636 Queen Street. Human Rights Commission: One 3 -year term through January 1, 2014 (vacant term of Gloss). Applicants: Nickie Blume, 2523 Washington Street; Miguel Jackson, 631 University Avenue. 19 Zoning Advisory Commission: One 3 -year term through July 1, 2013 (vacant term of Stiles). Applicant: Eugene Bird, Jr., 3357 Arrowwood Lane. Appointments to the following Boards /Commissions: Plumbing Code Board: One 3 -year term through November 2, 2014 (Expiring term of Willenborg). Applicant: Harlan Willenborg, 3254 Lake Ridge Drive. Motion by Lynch to appoint Harlan Willenborg to the Plumbing Code Board for a 3 -year term through November 2, 2014. Seconded by Resnick. Motion carried 7 -0. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. Sale of Property — 2315 Jackson Street: Proof of publication of notice of public hearing to consider the sale of City -owned property located at 2315 Jackson Street to Raymond Pfeiffer for the purchase price of $74,000 and the City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 373 -11 Approving the sale of real estate (Specifically, East 1/2 Of Lot 24A in L.H. Langworthy's Addition in the City of Dubuque, County of Dubuque, Iowa, according to the recorded plat thereof, 2315 Jackson Street.) Seconded by Lynch. Motion carried 7 -0. RESOLUTION NO. 373 -11 APPROVING THE SALE OF REAL ESTATE SPECIFICALLY— 2315 JACKSON STREET Whereas, pursuant to a notice, duly published in the Telegraph Herald newspaper, in the City Council of Dubuque, Iowa, met on the October 17, 2011, in the Dubuque Historic Federal Building, 350 West 6th Street, Dubuque, Iowa to consider the proposal to dispose of City - owned real estate located at 2315 Jackson Street. East 1/2 of Lot 24A in L.H. Langworthy's Addition in the City of Dubuque, Iowa, County of Dubuque, Iowa, according to the recorded plat thereof Whereas, a qualifying home buyer, Raymond Pfeiffer, has signed an offer to purchase and has obtained financing from a local lender; and Whereas, the City Council of the City of Dubuque, Iowa has overruled any and all objections, oral and written, to the proposal to dispose of the interest of the City of Dubuque, Iowa, in the herein and above -named real estate to the above -named grantee. 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 sale of the following legally - described property: East 1/2 of Lot 24A in L.H. Langworthy's Addition in the City of Dubuque, Iowa, County of Dubuque, Iowa, according to the recorded plat thereof, at the cost of Seventy - Four Thousand Five Hundred Dollars ($74,500). Section 2. That the City of Dubuque be and is hereby authorized to provide a Warranty Deed to the buyer, conveying the City's interest to Raymond Pfeiffer for the herein - described real estate. Section 3. That the City Clerk be and he is hereby authorized and directed to cause said Warranty Deed to be recorded in the Office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and he is hereby authorized and directed to forward a copy of this Resolution to the Dubuque Count Assessor and the Dubuque County Auditor. 20 Passed, approved and adopted this 7th day of November 2011. Roy D Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Dubuque Main Street — Historic Millwork District: Dubuque Main Street Executive Director Dan LoBianco presented an update on the history and progress of projects in the Historic Millwork District, and Resource Development Director Ryan Dierks described how the projects relate to the Sustainability Principles Motion by Connors to receive and file the information. Seconded by Resnick. Motion carried 7 -0. Citizen Petition — Run Off on Kaufmann Avenue and Valeria Street: Residents of the Kaufmann Avenue and Valeria Street neighborhood submitting a petition regarding water runoff behind their homes west of Cushing Street. Motion by Connors to receive and file the documents and refer to staff with a recommendation to returned to Council. Seconded by Braig. Valeta Brown, 433 Kaufmann Avenue, speaking on behalf of the area residents, described the referenced drainage and flooding issues, and distributed pictures. Motion carried 7 -0. Wild Rose Estates Final Plat — Intersection Visibility: City Manager recommending that the sight distance issue at Wild Rose Lane and Middle Road needs to be resolved by the developer prior to further processing of the Final Plat. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Jones. Motion carried 7 -0. Consent Decree — Request for Inflow and Infiltration Inspectors: City Manager recommending authorization to create two - full -time inflow and infiltration (I &I) inspectors and to purchase two new vehicles for the positions, which will increase the City's ability to conduct sanitary sewer inflow and infiltration inspections at businesses and homes in order to comply with the Environmental Protection Agency (EPA) Consent Decree. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Connors. Motion carried 7 -0. Shelter Plus Care Program — Funding Request: City Manager recommending approval to provide $5,000 in support of continued administration of the Shelter Plus Care Program through the balance of Fiscal Year 2012. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Braig. Motion carried 7 -0. Code of Ordinances Amendment - Water Meters and Related Accessories: City Manager recommending approval of an Ordinance Amendment to Sections 13-1B-1 to 13-1B-11 to incorporate Unmeasured Flow Reducer (UFR) devices and clarify the property owner's responsibility for the care of the water meter assembly. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Motion carried 7 -0. Motion by Connors for final consideration and passage of Ordinance No. 49 -11 Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 1 Water Use and 21 Services, Article B Water Meters, Sections 13 -1 B -1 to 1301 B -11 by incorporating the regulation of Unmeasured Flow Reducer Devices and clarifying the property owner's responsibility for the care of the water meter assembly. Seconded by Jones. Motion carried 7- 0. OFFICIAL PUBLICATION ORDINANCE NO. 49 -11 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAPTER 1 WATER USE AND SERVICE, ARTICLE B WATER METERS, SECTIONS 13- 1B-1 — 13 -1B -11 BY INCORPORATING THE REGULATION OF UNMEASURED FLOW REDUCER DEVICES AND CLARIFYING THE PROPERTY OWNER'S RESPONSIBILITY FOR THE CARE OF THE WATER METER ASSEMBLY NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Sections 13 -1 B -1 — 13 -1 B -11 of the City of Dubuque Code of Ordinances are amended to read as follows: 13-1B-1: METERS REQUIRED: All permanent services must be metered, except fire protection services, which may or may not be metered, at the discretion of the city manager or the city manager's designee. 13 -1 B -2: METERS FURNISHED BY CITY OR OWNER: All water meters in sizes from five - eighths inch (5/8 ") to one inch (1 "), inclusive, are furnished by the city without expense and repaired and kept in first class condition by the city. Only one (1) meter will be furnished for each service line. Meters in excess of one (1) desired for a single service line must be purchased by the owner of the building in which the service is located. Meters above one inch (1 ") in size must be purchased from the city and installed and maintained by the owner of the property. 13-1B-3: UNMEASURED FLOW REDUCER INSTALLED: All unmeasured flow reducer (UFR) devices must be installed where a five - eighths inch (5/8 ") or three - quarters inch (3/4 ") meter is installed and a pressure reducing valve or RPZ backflow device is not installed, and where by installing this device does not compromise the water pressure to be less than 35 PSI. The UFR device will be furnished by the city as part of the water meter assembly. 13-1B-4: LOCATION, METHOD OF INSTALLATION: A. Meters must be installed just inside of the basement wall at the end of the service pipe described in this chapter. Except as otherwise authorized by the city manager or city manager's designee, the regular couplings, which are sold as part of the meter, must remain intact when the meter has been installed. B. All meters must be installed horizontally between one foot (1') and four feet (4') above the basement floor. A suitable place must be provided for the meter so as to keep it dry and clean and readily accessible at all times to the meter reader and inspectors of the city. C. Wherever it is impossible to install a meter in the basement, the plumber or other authorized person must obtain special instructions as to its installation from the city manager or the city manager's designee. D. A valve must be placed at the inlet side and a valve on the outlet side of all meters. The types of permissible valves must be approved by the city manager or the city manager's designee. E. Should the city manager determine that any meter has been improperly installed, notice must be given to the owner requiring correction of the defect. If such defect is not 22 corrected within five (5) days of such notice, the city manager may direct that the water supply be shut off and not be turned on again until the defect has been repaired and a charge as established by the city manager has been paid. 13-1B-5: REMOTE READERS: A. Unless otherwise required by the city manager or the city manager's designee, all water meters must have remote readers. The remote reader must be installed at a location acceptable to the city manager or the city manager's designee. Wiring for connecting the water meter to the remote reader must be of the type designated by the city manager or the city manager's designee. The remote reader must be of the type designated by the city manager or the city manager's designee. The remote reader must be installed as required by the city manager or the city manager's designee at a charge to the owner or owners as established by the city manager or the city manager's designee. Payment for the remote reader or readers must be made at the time of application for service. B. Remote readers and related wires are the property of the city and must not be removed, painted, or altered in any way from the place where installed except as authorized by the city manager or the city manager's designee. Tampering with a remote reader or related wires will result in a fee established by the city manager, with the fee being charged to the owner of the property. 13-1B-6: SERVICES LARGER THAN TWO INCHES: For services larger than two inches (2 ") in diameter, the city reserves the right to have installed two (2) or more meters of smaller size. Where meters are so placed, each meter must have a valve or shutoff on both inlet and outlet pipe, in addition to the basement shutoff. 13 -1B -7: INSTALLING MULTIPLE METERS IN SAME BUILDING: In the case that two (2) or more meters are desired for measuring water to different tenants in the same building from one service connection, they must be placed so that not one of them measures water that has passed through another meter. 13-1B-8: PROTECTING METER AND ACCESSORIES FROM DAMAGE: The owner of the premises where a meter is installed is responsible for the care and protection of the meter, remote meter, related wires, and UFR device where applicable, from freezing or hot water and from other injury or interference. In all cases where meters, remote meters, related wires, or UFR devices are broken or damaged except for ordinary wear, the necessary repairs will be made by the city and the cost charged to the owner of the premise. In case payment thereof is neglected or refused, the water supply must be turned off until full payment has been made, together with a charge as established by the city manager or the city manager's designee. 13-1B-9: RIGHT TO REPAIR WITHOUT NOTICE; TAMPERING PROHIBITED: Damaged or stopped meters, remote readers, related wires, and UFR devices may be removed and repaired by the city without first giving notice thereof to the owner or user. No one shall in any way interfere with the proper registration of a water meter, remote reader, related wires, or UFR device and no one except an authorized city employee can break a seal, tamper with, or damage any meter, remote reader, related wires, or UFR device; provided, however, that the city manager or city manager's designee may grant permission to a licensed plumber in case of emergency to break such seal for draining pipes or stopping water leaks. 13-1B-10: CHECK VALVES ON WATER HEATERS: Every hot water system should have a check valve installed between such system and the water meter. Wherever a check valve is installed, there must also be installed on the 23 hot water distributing system a suitable relief valve to protect the system from excessive pressure from hot water or steam. 13-1B-11: ACCURACY, TESTING: A. Where the accuracy of a meter is questioned, it will be removed by the city at the request of the consumer and will be tested in his or her presence by the city by means of the apparatus provided for that purpose. Both parties to the test must accept the findings thus made. B. If the meter is found to register satisfactorily the water actually flowing through it, a charge as established by the city manager or city manager's designee will be made to pay the cost of conducting the test. If the meter is found to register unsatisfactorily the water flowing through it, no charge will be made for the test, and a proportional reduction will be made from the previous bill. C. A water meter is considered to register satisfactorily when it registers within two percent (2 %) of accuracy. 13-1B-12: READING METERS: Meters on all services must be read monthly. Section 2. This Ordinance takes effect upon publication. Passed, approved and adopted the 7th day of November, 2011. /s /Roy D. Buol, Mayor Attest: /s /Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald Newspaper the 11th day of November, 2011. /s /Kevin S. Firnstahl Jule Transit — Shopping Circulator Route Changes: City Manager recommending approval of the Shopping circulator route and the resulting changes in the Red, Green and Grey Lines. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Resnick. Transit Manager Barbara Morck gave a slide presentation on the change in routes. Motion carried 7 -0. Dubuque Racing Association (DRA): Correspondence from Jesus Aviles, President and CEO of the Dubuque Racing Association (DRA) requesting appointments of the required governmental representatives to its Board of Directors, currently Mayor Buol, Council Members Ric Jones, Kevin Lynch, and City Manager Michael Van Milligen. Motion Connors to receive and file the documents and re- appoint Mayor Buol, Council Members Jones and Lynch, and City Manager Van Milligen. Seconded by Braig. Motion carried 7 -0. Request for Work Session — Roundabouts: City Manager requesting setting a work session for Monday, December 19, 2011 to provide an overview of roundabout concepts and benefits in lieu of traditional intersection design and signalization. Motion by Braig to receive and file the documents and schedule the work session as recommended. Seconded by Connors. Motion carried 7 -0. 24 COUNCIL MEMBER REPORTS Resnick recognized Veteran's Day this coming Friday and encourage citizens to engage in local activities and events that support local veterans. CLOSED SESSION Motion by Jones to enter into closed session at 8:32 p.m. regarding pending litigation and property acquisition pursuant to Chapter 21.5(1)(c)(j) Code of Iowa. Seconded by Resnick. Motion carried 7 -0. Upon motion the City Council reconvened in open session at 9:40 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 9:41 p.m. Kevin S. Firnstahl City Clerk 25