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Proof of Publication_City Council Proceedings 9 17 12CMC, City Clerk 1t 9/26 CITY OF DUBUQUE, IOWA CITY' COUNCIL PROCEEDINGS Priorities 2012 -2014: Acceptance of Deten- recommending Submission of the 2012- tion Facilities & tion of the public 2014 City Council goals Warranty Deed: City bidding procedure for and priorities from the Manager recommend- the Port of Dubuque August 27 and 28, 2012 ing acceptance of the Watermain Extension City Council Goal storm water detention Project, and that a Setting Session. Upon ac�iies motion the documents eve oper, i Floor SettlementReme- Motor Vehicles and Sutton reported on her 1 attendance at the ublicatlon on General Provisions, Sec- Mexican Independence of ublic tion 9 -1 -321.1 Defmi- Day event in Jackson er do s, definition f diation Project: Proof Traffic, of p otice caring to consid approval of the plan ations form of Work Zones and i ro- adjourned. i ns by adding a Park. or Road There being no further business, upon the City Council' a .m. specific contract an REGULAR SESSION f facilities that the public hearing be set U T d I K ,Johan for October 1 2012 � J t t 'd the Chapter 16 M scel estimated cost for the 'laneous City P t 7 i7 p Grand River Conven- vi ons, Division 3 /s /Kevin S F rnstahl Lion i Center Floor Administration by add- CMC, City Settlement Remedia- ing a new provision 1t9/26 tion Project and the relating to Road Work City Manager recom- Zones. Seconded 6-0 TT TT TT mending approval Jones. Motion carried 6 -0 (J U v The Dubuque City Motion by Jones to Code of Ordinances Council met in regular were received and Farms, L.C., has Upon motion the receive and file the Amendments - Utlit session at 6:30 p.m. on filed. recently completed in documents were re- documents and ado t Bill n y September 17, 2012 in Housing Trust Fund Arbor Estates Phase ceived and filed and 1 g Assessments: the Historic Federal Advisory Committee: 3, and a warranty deed Resolution No. 252 -12 Resolution Na. 358 -12 City Manager recom - Building, 350 W. 6th Correspondence from for the detention area Preliminary approval of Approval of plans, mending ordinance Street. the Housing Commis- and sanitary sewer lift , plans, specifications, specifications, from of amendments that wilt Present: Mayor Buoi; sion requesting appro- station lot. Upon form of contract, and Contract, and esti- streamline the process Council ` Members val for Commissioners motion the documents estimated cost; setting mated cost for the to certify unpaid rates Braig,- Connors, Jones, Amy Eudaley and Jim were received and filed date of public hearing Grand River Center and charges to the Resnick, Sutton; City Holz to be appointed as and Resolution No. 246- on plans, speclfi floor Settlement Reme County Treasurer : by Manager Van Milligen, the Commission's 12 Accepting storm- City cations, form of Attorney Lindahl representatives on the water detention facil- contract, and esti- Absent: Council Housing Trust Fund ities in Arbor Estates mated cost; and Member Lynch Advisory Committee. Phase 3; and Reso- ordering the adver- Mayor Buol read the Upon motion the lution No. 247 -12 tisement for bids (Port call and stated this is a documents were Accepting a convey - of Dubuque Watermain regular session of the received, filed, and ance < of property Extension Project) was City Council called for approved. ' described as Lot 12 of 'adopted setting a the purpose of con- Childhood Lead Block; 9 and Lot 15 of public hearing for a ducting such business Poisoning Prevention the replat of Lot 15 in meeting to commence that may properly Programs: City Man- Block 7 all in Arbor at 6:30 p.m. on October come 'before the City eger recommending Estates in the City of 1, 2012 in the Historic d IB `Id' diation Project. Sec- ass gning the reSpon- onded by Resnick. sibility to the Finance Motion carried 6-0. Director. Motion by Upon' motion the rules Connors to receive and were reinstated limit- file the documents, ing discussion to the adopt Resolution No. City Council 260 12 Delegating ACTION ITEMS authority . to the Green Alley Perme- Finance Director -City able Pavers Supple- Treasurer to prepare mental Environmental Schedule lof Assess - Project (SEP) - Project ments for delinquent Council approval of a contract Dubuque, Dubuque Fe era ui mg. Award. City Manager wafer, sewer, refuse Presentation of the with the Dubuque County, Iowa, was Request to Vacate - recommending award and stormwater of the contract for the accounts and to certi Colors by the Dubuque County Board of Health adopted. Peosta Street (Giese certify Honor Guard in honor and the low a 2012 SldewaIk:Aussess- Companies): City Mao- SEP Green Alley the Schedule off of the 175th Anni- Department of Public ment Program: City tiger recommending , Permeable Pavers Pro- Assessments to the versary'oftheDubuque Health for continued Manager recommend that a public hearing lect (between Jackson County Treasurer and Police Department funding of the ing approval of a be set for October 1, and Washington to publish notice PLEDGE OF 1 Childhood Lead Poi- resolution establishing 2012 to consider a Streets from 16th to thereof and further ALLEGIANCE soning Prevention the final assessment 'request by Giese 17th; and between moved that the MOMENT OF SILENCE Program (CLPPP) and a schedule for the 2012 ' Companies to vacate a Jackson and White requirement that a PROCLAMATION(S) renewed agreement Sidewalk Assessment portion of Peosta Streets from 17th to proposed ordinance be Dubuque Police with the Visiting Nurse Program. Upon motion Street abutting their 18th) to the low bidder, considered and voted Department175thAnni- Association for stir- the documents were property at 2125 Drew Cook and Sons on for passage at two versarylWeek (Septem vices related to the received and filed and 'Kerner Blvd. Upon Excavating. Motion by Council meetings prior ber 23 -29, 2012) was CLPPP and Healthy Resolution No. 248 -12 motion the documents Braig to receive and to the meeting I at accepted by ;Police Homes Program. Upon Adopting the final !were received and'filed file the documents and which it is to be passed d R oiution No 253 adopt ! Resolution No. be suspended. Sec were receive i e men s or improvement contract carried 6 -0. Chief Mark Dalsing motion the documents Schedule of Assess- and 259 12 Awarding `public onded by Jones. Motion Captain Kevin Klein, d fil d t f the 20 and Corporal Travis and approved. Public Right -of -Way to vacate and dispose for the SEP Green Alle Kramer. Housing and Commun- Sidewalk Repair of City interest in a Y Day of Peace if NI Development Direc- Assessment Project portion of Peosta Permeable Pavers Pro- 5 (September 21, 2012) tor - Limited Account was adopted. Street to be known as ject Between Jackson passage of: was accepted` by Authorization: City 2012 Brick Manhole Lot A of Giese & Washington Streets Ordinance No. 52 -12 Clarke ' University Manager recommend- Replacement Project - Subdivision in the City from 16th to 17th and Amending City of Chaplain Amy ! Golm ing that Housing and Acceptance: City Man of Dubuque, Iowa; and between Jackson & Dubuque Code of and representatives of Community Develop tiger recommending Resolution No. 254 -12 White Streets from Ordinances Title 1 the Day of Peace ment Department acceptance of the Approving Plat of 17th to 18th Seconded Adm nistration, Chap Committee. Director Alvin Nash be public improvements Proposed Vacated by Jones. Motion ter 7 City Officers and Kiwanis Peanut Days granted authority to for the 2012 Bnck Peosta :Street were carried 6 -0. Employees, Section' 7 ARC Transfer Center Finance Director City 12 12 Resolution of Intent Clerk' IOWA {SS: CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: September 26, 2012, and for which the charge is Subscribed to before me, a _ SWF Motion by Connors for this final consideration and r Manhole Replacement : adopted setting a t Bd P cka e l for a (September 28 ':& 29, sign checks for d b I' d C't bank as c a g Drew meeting to commence pon at 6 :30 p.m. on October ` the documents 1 2012 in the Historic 2012) was accepte by public hearing or speciaize i y Kevin Stevens, Dubuque bank as completed'by D Dubuque Kiwanis Club accounts. Upon motion Cook & Sons. Q Peanut Days Co- Chair. the documents were motion CONSENT ITEMS received and filed and were received! and filed Federal Building. Motion by Connors to Resolution No. 241-12 and Resolution No. 249 BOARDS/ receive and file the 'Authorizing certain 12 Accepting the 2012 COMMISSIONS documents, adopt the designated employees Brick Manhole Re- Appointments; were resolutions, and dis- of the City of Dubuque placement Project and' made to the following pose of as indicated. authorization to authorizing the pay board /commission: Seconded by Resnick. execute checks on meet of the contract Cable Television Motion carried 6 -0. behalf of the City of amount to the con - Commission: One 3 Minutes and Reports Dubuque was adopted. tractor. was adopted. year term through July bids exceeded t Submitted: City Coun Housing Enterprise Mystque Casino Re- 1, 2015 (Vacant term of budget. Motion cil proceedings of 8/27, Zone Program Agree- Roofing Request: City Herrig }: Applicant: Jones to receive 8/28, and 9/4 Civil ment - Wilmac Pro- Manager recommend - Kathleen McMullen, file then rec Ives Service Commission of perty Company: City ing' approval of 1308 Curtis Street a rove the its a .__ . .,,. commission nn.,� +ini�a r•acinn'c: Motion by Jones to p Phase 1 Project - Treasurer i Auth;3;5r izing Rejection of Bids: City the Finance Diector - Manager recommend- City Treasurer o cer- ing rejection of all bids tify delinquent utility received for the billing charges the construction of the County Treasure Area Residential Care Ordinance No. 53 -12 Jule Transfer Center Amending City of Phase 1 Project and Dubuque Code of recommends the Ordinances Title .13 project go through Public Utilities, Chapter value engineering and 1 Water' Use and redesign because all Service, Article C he Rates, Section 4 by Payment of Bills and Providing the Proce- and lure for Delinquent m- Water Service Charges, day of $396.20. ary Public in and for Dubuque County, Iowa, ,20/ Notary Public in and for Dubuque County, Iowa. MARY K, WESTERMEY1 Cornmleelon Number 1548 135 II CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 4:30 p.m. on September 17, 2012 at the Dubuque Regional Landfill, 14501 U.S. Hwy 20 W. Present: Mayor Buol; Council Members Braig, Connors, Jones, Resnick, Sutton; City Manager Van Milligen; and Dubuque County Supervisor Eric Man - ternach Absent: Council Member Lynch, City Attorney Lindahl Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a tour of the Dubuque Metropol- itan Area Solid Waste Agency - Landfill Cell #9. WORK SESSION TOUR Dubuque Metropol- itan Area Solid Waste Agency - Landfill Cell #9 at the Dubuque Regional Landfill, 14501 U.S. Hwy 20 W. Public Works Director Don Vogt led a bus tour of the Dubuque Regional Landfill with focus on the opening and configuration of Cell #9. Bev Wagner, Brian Christianson, Bob Ramsey, Chris Lawn, Chuck Goddard, and Doug Hughes provided information on the various areas, func- tions and Iifespan of the landfill and responded to ques- CONSENT ITEMS Motion by Connors to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Resnick. Motion carried 6 -0. Minutes and Reports Submitted: City Coun- cil proceedings of 8/27, 8/28, and 9/4, Civil Service Commission of 8/27 and 9/6, Com- munity Development Advisory Commission of 9/5, Historic Preser- vation Task Force of 9/5, Housing Trust Fund Advisory Commit- tee of 9/4, Human Rights Commission of 8/13, Park and Recreation Commis- sion of 8/14, Zoning Advisory Commission of 9/5, Zoning Board of Adjustment of 8/23, Proof of Publication for City Council proceed- ings of 8/20. Upon motion the documents were received and filed. Notice of Claims and Suits: Nicole Haverland for vehicle damage, Gary Pitzen for vehicle damage, Christine Putnam for personal injury. 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: Nicole Haverland for vehicle damage, Gary Pitzen for vehicle damage. Upon motion the documents were received, filed and concurred. Government Finance Officers Association (GFOA): City Manager advising that the Government Finance Officers Association (GFOA) has awarded the City a Certificate of Achievement for Excellence in Financial Reporting for the 2011 Certified Annual Finan- cial Report (CAFR). Upon motion the documents were received and filed. Community Develop- ment Block Grant Recovery (CDBG -R): City Manager recom- mending authorization for the Mayor to sign documents to close out the Community Devel- opment Block Grant Recovery (CDBG -R) associated with the American Recovery and Reinvestment Act of 2009. Upon motion the documents were received and filed and Resolution No. 238 -12 Authorizing execution of a Community Development Block Grant Recovery (CDBG- R) Grant Closeout Agreement with the U.S. Department of Housing and Urban Development was adopted. Consolidated Annual Performance and Eval- uation Report (CAPER): City Manager recom- mending submission of the Consolidated Annual Performance and Evaluation Report (CAPER) to the U.S. Department of Housing and Urban Devel- opment Department (HUD) for the period of July 1, 2011 through June 30, 2012. Upon motion the documents were received and filed and Resolution No. 239- 12 Authorizing the submission of a Consolidated Annual Performance and Evaluation Report (CAPER) for the period commencing July 1, 2011 and concluding June 30, 2012 was adopted. Iowa Finance Authority - Housing Trust Fund Application: City Manager recom- mending submittal of a grant request to the Iowa Finance Authority to support home ownership activities in the Washington Neigh- borhood and to commit the matching funds. received and filed and Resolution No. 241 -12 Authorizing certain designated employees of the City of Dubuque authorization to execute checks on behalf of the City of Dubuque was adopted. Housing Enterprise Zone Program Agree- ment - Wilmac Pro- perty Company: City Manager recommend- ing approval of a Housing Enterprise Zone Program Agree- ment by and among the Iowa Economic Development Author- ity, the City of Dubuque and Wilmac Property Company related to the redevelopment of the former Betty Building located at 151 East 9th Street. Upon motion the documents were received and filed and Resolution No. 242- 12 Approving a Housing Enterprise Zone Program Agree- ment by and among the Iowa Economic Development Author- ity, the City of Dubuque and Wilmac Property Company was adopted. Plat of Survey - North Fork Trails #4: Zoning Advisory Commission recommending appro- val of the Plat of Survey of North Fork Trails No. 4 (3400 Keymont Drive) subject to waiving the lot frontage requirements for Lot 2. Upon motion the documents were received and filed and Resolution No. 243 -12 Approving the Plat of Survey of North Fork Trails No. 4 in the City of Dubuque, Iowa, was adopted. Final Plat - Harvest View Estates llth Addition: Zoning Advi- sory Commission recommending appro- val of the Final Plat of Harvest View Estates llth Addition (Mill - stone Drive). Upon motion the documents were received and filed and Resolution No. 244- 12 Approving the Final Plat of Harvest View Estates llth Addition in the City of Dubuque, Iowa, was adopted. Department of Education - Smart Grid Data Access Grant: City Manager recommend- ing acceptance of a Smart Grid Data Access Grant from the U.S. Department of Energy for the Smarter Electricity Iowa Pro- ject. Upon motion the documents were received, filed, and approved. Volunteer Solutions Software - Memoran- dum of Agreement: City Manager recom- mending approval of a Memorandum of Agree- ment for agencies who post their volunteer opportunities on -line using the City managed Volunteer Solutions Software. Upon motion the documents were received, filed, and approved. Fire Hydrant Painting Program Phase I - Acceptance: City Man- ager recommending acceptance of the Phase 1 Fire Hydrant Painting Program as completed by Ted Stackis Construction. Upon motion the documents were received and filed and Resolution No. 245 -12 Accepting Phase 1 of the fire Hydrant Painting Program and authorizing the pay- ment of the contract amount to the con- tractor was adopted. Healthy Homes Demonstration Grant Program: Correspon- dence from the U.S. Department of Housing and Urban Develop- ment advising that the City's Healthy Homes Demonstration Work Plan Program has received an overall performance rating of 90 out of 100 and a Green designation. Upon motion the documents were received and filed. Greater Dubuque Development Corpor- were received and filed and Resolution No. 249- 12 Accepting the 2012 Brick Manhole Re- placement Project and authorizing the pay- ment of the contract amount to the con- tractor was adopted. Mystique Casino Re- Roofing Request: City Manager recommend- ing approval of Mystique Casino's request to re -roof the original structure of the Mystique Casino. Upon motion the documents were received, filed, and approved. Eleventh Street Stair and Hand Railing Repair Project: City Manager recommend- ing that the costs of the llth Street Stair and Handrail Repair Project be officially recorded in the minutes of the City Council. Upon motion the documents were received, filed and made a Matter of Record. City Utility Extensions to the Airport - Design Consultant Selection: City Manager recom- mending the selection of WHKS as the professional design consultant to complete the design for the utility extensions to the Dubuque Regional Airport. Upon motion the documents were received, filed, and approved. Volunteer Generation Fund Grant Agreement: City Manager recom- mending approval of the Volunteer Gener- ation Fund Grant agreement. Upon motion the documents were received, filed, and approved. Improvement Con- tracts / Performance, Payment and Mainte- nance Bonds: Portzen Construction for the 5 Points Traffic Signal Reconstruction Project. Upon motion the documents were received, filed, and approved. Signed Contracts: Iowa Department of Transportation Supple- mental Agreements for Lighting and Primary Road Maintenance; Miron Construction Co. Change Order No. 17 for the Water Pollution Control Plant Modifi- cations project. Upon motion the documents were received and filed. Alcohol License Applications: City Man- ager recommending approval of annual liquor, beer, and wine licenses as submitted. Upon motion the documents were received and filed and Resolution No. 250 -12 Approving applications for beer, liquor, and /or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. ITEMS TC BE SET FOR PUBLIC HEARING Motion by Jones 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 6 -0. General Obligation Refunding Bonds: City Manager recommend- ing that a public hearing be set for October 1, 2012, on the proposition of selling not to exceed $950,000 in General Obligation Refunding Bonds. Upon motion the documents were received and filed and Resolution No. 251- 12 Fixing Date for a meeting on the proposition of the issuance of not to exceed $950,000 Gene- ral Obligation Refund- ing Bonds, Series 2012G, (for an Essential Corporate Purpose) of the City of Dubuque, Federal Building. BOARDS/ COMMISSIONS Appointments were made to the following board /commission: Cable Television Commission: One 3- year term through July 1, 2015 (Vacant term of Herrig). Applicant: Kathleen McMullen, 1308 Curtis Street. Motion by Jones to appoint Kathleen McMullen to the Cable Television Commission for a 3 -year term through July 1, 2015. Seconded by Braig. Motion carried 6 -0. Civic Center Com- mission: One 3 -year term through June 29, 20123 (Vacant term of Field). Applicant: Kir- stin Pope, 5388 Park Place - Application withdrawn for resi- dency reasons. Housing Commission: One 3 -year terms through August 17, 2014 (Vacant Term of Krey). Applicant: Rick J. Baumhover, 601 Garfield Ave. #104. Motion by Connors to appoint Rick Baum- hover to the Housing Commission for a 3- year term through August 17, 2014. Seconded by Resnick. Motion carried 6 -0. Human Rights Com- mission: Two 3 -year terms through January 1, 2013 and January 1, 2015 (Vacant Terms of Krey and Hansen). App i- cants: Rick J. Baumhover, 601 Gar- field Ave. #104; and Howard Lee III, 516 Lincoln Ave. Motion by Connors to appoint Rick Baumhover and Howard Lee, 111 to the Human Rights Com- mission for 3 -year terms through January 1, 2013 and 2015 respectively. Motion failed for lack of a second. Motion by Connors to appoint Howard Lee, 111 to the Human Rights Commission for a 3- year term through January 1, 2015. Seconded by Resnick. Motion carried 6 -0. Zoning Advisory Commission: Two 3- year terms through July 1, 2015 (Vacant terms of Hardie and Miller). Applicants: Stephen Hardie, 62 Freemont Ave.; Charles Miller, 7010 Asbury Rd. Motion by Braig to appoint Stephen Hardie and Charles Miller to the Zoning Advisory Commission for 3 -year terms through July 1, 2015. Seconded by Jones. Motion carried 6 -0. PUBLIC HEARINGS Upon motion the rules were suspended allow- ing anyone present to address the City Council. Vacate of Property - 2500 Kerper Blvd. (Key City Plating): Proof of publication on notice of public hearing to consider vacating a portion of Kerper Blvd. abutting property at 2500 Kerper Blvd. (Key City Plating) and the City Manager recom- mending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 255 -12 Vacating a portion of Kerper Boulevard abutting Lot 2 of McGraw -Hill, Key City Plating Replat in the City of Dubuque, Iowa, at 2500 Kerper Boulevard; and Reso- lution No. 256 -12 Disposing of City interest in Lot 2A of McGraw -Hill, Key City Plating Replat in the City of Dubuque, Dubuque County, Iowa. Seconded by Braig. Motion carried 6 -0. Fiscal Year 2013 First Budget Amendment: Proof of publication on notice of public hearing to consider approval of the Fiscal Year 2013 First Budget Amendment, which amends the Fiscal Year 2013 budget for City Council actions since the beginning of the Fiscal Year, and the received for th construction of th Area Residential Car Transfer Cente Phase 1 Project an recommends th project go through value engineering and redesign because al bids exceeded the budget. Motion by Jones to receive and file the documents and approve the recom- mendation. Seconded by Connors. Motion carried 6 -0. Code of Ordinances Amendment - Alcohol Violations: City Mana- ger recommending that an ordinance amendment be adopt- ed to refer all contested alcohol violations to the Iowa Alcoholic Beverages Division. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be con- sidered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Sec- onded by Jones. Motion carried 6.0. Motion by Connors for final consideration and passage of Ordinance No. 49 -12 Amending City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits, Section 4 -28- 15 Suspension and Revocation Generally; Grounds, Section 4-2B- 16 Suspension and Revocation; Specific Terms; and Section 4- 28-17 Appeal and Hearing by Providing a Notice of Violation; Opportunity for Set- tlement or Hearing with the Iowa Alcoholic Beverages Division. Seconded by Jones. Motion carried 6 -0. Code Ordinances Amendment - Parking Violations and Fines: City Manager recom- mending approval to amend City Ordinance 9 -14- 321.621: Parking Violations; Fines: to include language al- lowing the City Manager to waive fines on vehicles ticketed while the owner was involved in providing emergency response services to the City. 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. Sec- onded by Braig. Motion carried 6 -0. Motion by Jones. for final consideration and passage of Ordinance No. 50 -12 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Parking, Section 9 -14- 321.621 Parking Vio- lations; Fines by add- ing a provision which allows the City Man- ager to waive parking violation fines for emergency respon- ders. Seconded by Braig. Motion carried 6 -0. Code of Ordinances Amendment - Road Work Zones: City Manager recommend- ing approval to amend City Ordinance 9 -1- 321.1 to provide a definition of a Road Work Zone to mirror the State Code and approve an amend- ment to 9 -16- 321.1003 to detail the fine schedule for violations in Road Work Zones. 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 Council meetings prior e to the meeting at which it is to be passed be suspended. Sec- onded by Jones. Motion E carried 6 -0. p Motion by Connors for n e billing charges to the e County Treasurer; re Ordinance No. 53 -12 r Amending City of d Dubuque Code of e Ordinances Title 13 Public Utilities, Chapter 1 Water Use and I Service, Article C Rates, Section 4 Payment of Bills Providing the Proce- dure for Delinquent Water Service Charges, Establishing a Lien for Nonpayment of such charges, and author- izing the Finance Director -City Treasurer to certify such delinquent charges to the County Treasurer; Ordinance No. 54-12 Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 2 Sewers and Sewage Disposal, Article C Rates, Section 13 -2C -5 Lien for Failure to Pay by providing the proce- dure for delinquent sewers and sewage disposal charges, estab- ishing a lien for nonpayment of such charges, and author - zing the Finance Director -City Treasurer to certify such delinquent charges to the County Treasurer; Ordinance No. 55 -12 Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 4 Stormwater Manage- ment, Section 11 Billing, Delinquent Accounts and Collec- tion Procedures pro- viding the procedure for delinquent storm - water management charges, establishing a lien for nonpayment of such charges, and authorizing the Finance Director -City Treasurer to certify such delinquent charges to the County Treasurer; and Ordinance No. 56 -12 Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 6 Solid Waste, Article A City or Private Collection Service, Sec- tion 13 -6A -7 Charges; Billing and Collection by providing the procedure for delin- quent solid waste charges, establishing a lien for nonpayment of such charges, and authorizing the Finance Director -City Treasurer to certify such delinquent charges to the County Treasurer. Seconded by Resnick. Motion carried 6 -0. Eagle Point Energy -1, LLC: City Manager recommending an amendment to the Eagle Point Energy - 1, LLC License Agreement for the solar power cells on the Municipal Services Building. Motion by Connors to receive and file the documents and adopt Resolution No. 261 -12 Approval of an amendment to the License Agreement regarding solar photo- voltaic equipment between the City of Dubuque, Iowa, and Eagle Point Energy - 1, LLC. Seconded by Braig. Motion carried 6 -0. Bee Branch Creek Restoration Project Service Agreement with Railroad: City Manager recommend- ing a Service Agreement between Dakota, Minnesota, & Eastern (DM &E) Rail- road Corporation, a corporation doing business as Canadian Pacific (CP), and the City of Dubuque relating to the design of the proposed railroad bridge to be constructed as part of the Bee Branch Creek Restoration Project. Motion by Braig to receive and file the documents and adopt Resolution No. 262 -12 Authorizing the Service Agreement made and ntered into by and between the City Of Dubuque, Iowa and Dakota, Minnesota & astern Railroad Cor- oration, doing busi- ess as Canadian Paci-