12 3 12 City Council AgendaROLL CALL ORDER FOR MEETING OF 12,3,2012
Resnick, Sutton, Braig, Buol, Connors, Jones, Lyn CI
CITY OF DUBUQUE,IOWA
CITY COUNCIL MEETING
Historic Federal Building
350 W. fith Street
December 3, 2012
Council meetings are video streamed live and archived at
www.citvofdubuaue.ora /media and on Dubuque's CityChannel on the
Mediacom cable system at Channel8 (analog) and 97.2 (digital).
REGULAR SESSION
6:30 PM
PLEDGE OFALLEGIANCE
MOMENT OF SILENCE
May the spirit of wisdom keep our hearts and minds open as we endeavor to serve the common good.
PRESENTATION(S)
1. Carnegie-Stout Public Library LEED Certification
Bruce Hamous, OPN Architects, Cedar Rapids, Iowa, and Chairman of the Eastern Iowa Branch of the Iowa US Green Building
Council, to present the LEED Silver Certification in the Existing Building Category to the Carnegie -Stout Public Library.
LEED Silver Cerifcation
CONSENT ITEMS
The consent agenda items are considered to be routine and non - controversial and all consent items will be normally voted upon in a single
motion without any separate discussion on a particular item. If youwould liketo discuss one of the Consent Items, please go to the microphone
and be recognized by the Mayor and state the itemyou would like removedfromthe Consent Agenda for separate discussion and
consideration.
1. Minutes and Reports Submitted
City Council proceedings of 11119; Corrmunity Development Advisory Commission of 11114; Housing Commission of 10/23; Library
Board of Trustees Update and Survey Results of 11/15; Park and Recreation Commission of 9118; Sister City RelationshipsAdvisory
Commission of 11114; Proofs of Publication for City Council proceedings of 11/5, List of Claims and Summary of Revenues for Month
Ending 10/31, Fiscal Year 2012 Financial Report
Suggested Disposition: Receive and File
City Council Proceedings 11 /19 CDAC Minutesll /14, Housing Minutes 10/23 Library Board Update 11/15, Library Survey Results Sister City,
Minutes 11/14, P roof - City Council Proceedings 1115, Proof - List of Claims,Revenues Proof-FY 14 Financial Report,
2. Notice of Claims and Suits
Peter Apel for vehicle damage, Lawrence Vize for properly damage
Suggested Disposition: Receive and File; Refer to City Attorney
peel Clair %, Vile Claire
3. 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
CommunitiesAssurance Pool Peter Apel for vehicle damage, Lyle Christopherson for property damage, Lawrence Vize for property
damage
Suggested Disposition: Receive and File; Concur
ICAP Claims
4. Bunker Hill Golf Course Outing Fee
City Manager recommending approval for changing feesfor Bunker Hill Golf Course Outings.
Suggested Disposition: Receive and File; Approve
Bunker Hill Golf Course Outing Fee Recommendation -MVM Memo, Staff memo,
5. Certificate of Completion for McGraw Hill Companies, Inc.
City Manager recommending approval of a Certificate of Completion for McGraw Hill Companies, Inc. acknowledging that their
obligations to construct Minimum Improvements (building construction, interior improvements, and site improvements in the Port of
Dubuque) have been met.
Suggested Disposition: Receive and File; Approve
Certificate of Completion for McGraw Hill Companies, Inc. - MVM Memo Staff Memo Certificate of Completion
6. Certificate of Completion - Bonson Block, 356 Main St.
City Manager recommending approval of a Certificate of Completion for 356 Main Street - Bonson Block
Suggested Disposition: Receive and File; Approve
Certificate of Completion for 356 Main St- Bonson Block - MVM Memo, Staff Memo, Certificate of Completion, Letter of Completion
7. Hike /Bike Trail IA 32 - Project Acceptance
City Manager recommending acceptance of the construction contract for the Iowa 32 Hike -Bike Trail - Phase 4, as completed by Drew
Cook and Sons Excavating Co.
RESOLUTION Accepting the Iowa 32/ Hike /Bike Trail Phase 4 Project and authorizing the payment of the contract amount to the
contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
Iowa 32 Hike -Bike Trail - Phase 4 - MVM Memo, Signed Staff Memo, Resolution, Payment Forms,
8. 2012 Community Development Block Grant (CDBG) Ramps Project Completion
City Manager recommending that the award and completion of the 2012 CDBG Access Ramp Installation Project by D &D Superior
Concrete be officially recorded in the minutes of the City Council.
Suggested Disposition: Receive and File; Make Matter of Record
2012 CDBG Ramps Proiect Completion - MVM Memo, Staff Memo, Payment Forms, Listing of Ramps
9. Green Alley Permeable Pavers Project Acceptance (17 -18th Between Washington and Jackson Streets)
City Manager recommending acceptance of the construction contract and the establishment of the Final Schedule of Assessments for
the Green Alley Permeable Pavers Project (17th -18th between Jackson and Washington Streets).
RESOLUTION Accepting the Green Alley Permeable Pavers Project (17th -18th between Jackson & Washington Streets) Project and
authorizing the payment of the contract amount to the contractor
RESOLUTION Adopting the Final Schedule of Assessments for the Green alley Permeable Pavers (17th -18th Between Jackson &
Washington Streets) Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
Green Alley Permeable Pavers Proiect-MVM Memo, Staff Memo, Acceptance Resolution, Assessment Resolution, Schedule of Assessments,
Payment Form
10. Beverly Avenue Storm Sewer Project Acceptance
City Manager recommending acceptance of the public improvement for the Beverly Avenue Storm Sewer Construction Project and
authorization for final payment to the contractor, Drew Cook and Sons Excavating Co., Inc.
RESOLUTION Accepting Beverly Avenue Storm Sewer Construction Project and authorizing the payment of the contract amount to
the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
Beverly Avenue Storm Sewer Proiect -MVM Memo, Staff Memo, Resolution, Project Payment Form,
11. Brick Manhole Bid Package #3 Project Acceptance
City Manager recommending acceptance of the public improvements for the 2012 Brick Manhole Replacement Project, Bid Package 3,
and authorization for final payment to the contractor, McDermott Excavating.
RESOLUTION Accepting the 2012 Brick Manhole Replacement Project bid Package 3 and authorizing the payment of the contract
amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
2012 Brick Manhole Replacement Protect -MVM Memo, Staff Memo, Resolution, Payment Form,
12. Eagle Point Park Washout Project Acceptance
City Manager recommending acceptance of the construction contract for the Eagle Point Park Washout Repair Project, as completed
by Connolly Construction, Inc.
RESOLUTION Accepting the Eagle Point park Washout Repair Project and authorizing the payment of the contract amount to the
contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
Eagle Point Park Washout Repair -MVM Memo, Staff Memo, Resolution
13. North End Trail Lighting Project Acceptance
City Manager recommending acceptance of the North End Trail Lighting Project, as completed by A & G Electric.
RESOLUTION Accepting the North End Trail Lighting Project and authorizing the payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
Accept North End Trail Lighting Proiect -MVM Memo, Staff Memo , Resolution, NE Trail Lighting Supporting Docs,
14. Consent Decree Sewershed 12 Corrective Action Plan
City Manager recommending approval of the Corrective Action Plan for Sewershed 12, and submittal to the US Department of Justice,
US EPA and the Iowa Department of Natural Resources.
Suggested Disposition: Receive and File; Approve
Consent Decree Sewershed 12 Corrective Action Plan -MVM Memo Staff Memo Consent Decree Corrective Action Plan Sewershed 12
15. Veterans' Memorial Ballfield Lease Extension with Clarke University
City Manager recommending approval of the First Amendment to the Usage Agreement with Clarke University for Softball Field 2 in
Veterans' Memorial Park, which extends the agreement through December 31, 2016.
RESOLUTION Approving a First Amendment to the Usage Agreement with Clarke University for Veterans' Memorial Park, Field 2
Suggested Disposition: Receive and File; Adopt Resolution(s)
Extend Veterans' Memorial Ballfield Lease with Clarke University -MVM Memo Staff Memo Current Lease Clarke Letter Requesting
Extension, Clarke Univ - 1st Amendment to Usage Agrmt, Clarke - Resolution Approving 1st Amendment,
16. AmeriCorps VISTA Project Application
City Manager recommending approval of an AmeriCorps VISTA Project Application e -filed with the Corporation of National and
Community Service for four VISTA positions to assist with the third grade reading initiate.
Suggested Disposition: Receive and File; Approve
Approve AmeriCorps VISTA Application -3rd Grade Reading -MVM Memo, Staff Memo , 3rd Grade VISTA Project Application 3rd Grade VISTA
Budget, 3rd Grade Grant - Assurances,
17. German Bank Building - Transfer of Loan
City Manager recommending approval of the assignment of a Development Agreement and Downtown Rehabilitation Loan Agreement
from German Bank Building, LLLP to James Madison, Inc. for the German Bank Building located at 342 Main Street.
RESOLUTION Authorizing the Assignment of the German Bank Building, LLLP (342 Main Street) Development Agreement and
Downtown Rehabilitation Loan Agreement to James Madison, Inc.
Suggested Disposition: Receive and File; Adopt Resolution(s)
Transfer Loan on German Bank Building -MVM memo, Staff Memo, Loan Transfer Resolution,
18. Traffic Engineer Position
City Manager recommending approval to eliminate the vacant Traffic Engineering Assistant position and create a Traffic Engineer
position in the Engineering Department.
Suggested Disposition: Receive and File; Approve
Traffic Engineer Position -MVM Memo, Traffic Engineer Position , Traffic Engineer Position City Engineer Memo,
19. Part -Time Confidential Account Clerk Position
City Manager recommending approval to hire a Part -Time Confidential Account Clerk in the Engineering Department to provide
administrative support for the Bee Branch Creek Restoration Project.
Suggested Disposition: Receive and File; Approve
Engineering Part Time Confidential Account Clerk -MVM Memo, Staff Memo,
20. GRO1000 Gardens & Green Spaces Grant Awards Program
City Manager recommending approval of a GRO1000 Garden & Green Space $25,000 grant application submitted to the US
Conference of Mayors in partnership with the Dubuque Rescue Mission.
Suggested Disposition: Receive and File; Approve
GRO1000 Gardens & Green Spaces Grant Awards Program -MVM Memo Staff Memo Grant Application,
21. McGraw -Hill Companies - Assignment of Development Agreement
City Manager recommending approval of an Assignment of the Development Agreement from the McGraw -Hill Companies, Inc. to
McGraw -Hill Education, LLC.
RESOLUTION Consenting to the Assignment of the Development Agreement between the City of Dubuque, Iowa, and McGraw -Hill
Companies to McGraw -Hill Education, LLC
Suggested Disposition: Receive and File; Adopt Resolution(s)
McGraw -Hill Assignment of Development Agreement -MVM Memo, Staff Memo, Engel Letter, Resolution, Assignment Agreement, Development
Agreement,
22. Code of Ordinances - Adoption of Supplement No. 11
City Clerk recommending adoption of Supplement No. 11 to the City of Dubuque Code of Ordinances, which adopts Ordinance Nos.
45 -12 through 56 -12 as adopted by the City Council through September 17, 2012.
RESOLUTION Adopting Supplement No. 11 to the Code of Ordinances of the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
Staff Memo , Code Supplement No. 11, Resolution,
23. Hostess Brands WARN Notification
Correspondence from Hostess Brands, Inc., received November 20, 2012 advising the City of the company's bankruptcy proceedings,
employee separations, and liquidation pursuant to the Worker Adjustment and Retraining Notification Act.
Suggested Disposition: Receive and File
Hostess WARN Letter 11 13 12,
24. State Urban Renewal (TIF) Report for Fiscal Year 2012
City Manager recommending approval of the Fiscal Year 2012 State Urban Renewal Annual Report.
RESOLUTION Approving the Fiscal Year 2012 Urban Renewal Report for the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution(s)
Fiscal Year 2012 State Urban Renewal (TIF) Report - MVM Memo Staff Memo, Fiscal Year 2012 State Urban Renewal (TIF) Report,
Resolution, Department of Management Letter,
25. 2013 State Legislative Priorities
City Manager submitting the State of Iowa Legislative Priorities for 2013 for adoption by the City Council and presentation to legislators
at the annual Legislative Dinner on December 12, 2012 at the Grand River Center.
Suggested Disposition: Receive and File; Approve
2013 State Legislative Priorities -MVM Memo, 2013 State Legislative Priorities,
26. 911 Center! Emergency Operations Center - Needs Assessment Recommendation
City Manager recommending approval of the selection of Wold Architects as the vendor to provide the Needs Assessments for the
Emergency Communications /Emergency Operations Centers.
Suggested Disposition: Receive and File; Approve
911 Center /EOC Needs Assessment Recommendation -MVM Memo, Staff Memo ,
27. Signed Contracts
Nancy J. Richardson for General Consulting Services for surface transportation development; Professional Services Agreement with
VVHKS & Co., for design of the utilities extension to the Dubuque Regional Airport.
Suggested Disposition: Receive and File
Richardson Contract, WHKS & Co. Contract,
28. Business License Refund
Request by Sarah Gates for a refund of the liquor license for The District Bar in the amount of $211.25.
Suggested Disposition: Receive and File; Approve
Liquor License Refund Request,
29. Alcohol License Applications
City Manager recommending approval of annual liquor, beer, and wine licenses as submitted.
RESOLUTION 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
Suggested Disposition: Receive and File; Approve
Liquor License Renewals -MVM Memo, Police Memo, Liquor /Beer Resolution,
BOARDS /COMMISSIONS
Applicants are invited to address the City Council regarding their desire to serve on the following Boards /Commissions; applicant
appointments will be made at the next City Council meeting.
Comm unity Development Advisory Com mission
One 3 -Year term through February 15, 2012 (Vacant term of Smith)
Applicant:
Janice Craddieth, 1455 Washington
Housing Code Board of Appeals
One 3 -Year term through January 11, 2015 (Expiring term of Schaub)
Applicant:
Robert Schaub, 1745 Embassy West #2
Human Rights Commission
One 3 -Year term through January 1, 2015 (Expiring term of Helgager)
Applicant:
Andrea Helgager, 40 Main St. #300
This commission is subject to the State of Iowa Gender Balance Law
Boards Overview Sheet, Boards Latest Listings, Community Development Advisory Commission Application, Housing Code Appeals Board
Application Human Rights Commission Application Gender Balance, Gender Balance Law, Gender Balance Q&A Sheet,
PUBLIC HEARINGS
Citizens are invited to address the City Council regarding the following agenda items. Please come to the podium and
state your name and address when the item you wish to speak to is being considered.
SUSPEND THE RULES
1. Code of Ordinances - Residential Parking Permit District Amendment
Proof of publication on notice of public hearing to consider a Residential Parking Permit District Amendment on Marjorie Circle from
Pennsylvania Avenue to Amy Court , Amy Court from Marjorie Circle to northern terminus, and Lucy Drive from Pennsylvania Avenue
to Welu Drive and the City Manager recommending approval.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Parking, Division 7
Residential Parking Permit Program, Section 9- 14- 321.736 Residential Parking Permit District D by Adding Marjorie Circle Between
Pennsylvania Avenue and Amy Court and adjusting the days of the parking restrictions to cover school days only
Suggested Disposition: Receive and File; Motion B; Motion A
Marione Circle Residential Parking Permit District Amendment -MVM Memo, Staff Memo, Ordinance, Material from 11/15/12 Meeting,
REINSTATE THE RULES
This action limits discussion to the City Council.
ACTION ITEMS
These are items where discussion is held by the City Council - public comments are not allowed except as authorized by
the Mayor.
1. Safe Community Advisory Committee
Chairperson Doug Stilling to present a report on the implementation status of Safe Community Task Force recommendations, request
from Safe Community Advisory Committee to continue, and a request from the City Manager to schedule a work session for February
18, 2013 at 5:15 p.m.
Suggested Disposition: Receive and File; Council
Report from Safe Community Advisory Committee -MVM Memo, Staff Memo , Attachment A SCAC Chair and Summary Chart, Attachment B
Summary of prior Council Memos, Attachment C Human Rights Director, Attachment D Housing Director, Attachment E Leisure Services
Manager, Attachment E -1 Attachment F Chief of Police, Attachment F -1 Attachment G Engineering,
2. Community Development Advisory Commission Purchase of Service Grant Applications
City Manager and the Community Development Advisory Commission submitting recommendations for the Fiscal Year 2014 Purchase
of Service Grant funding to be made through the Fiscal Year 2014 Budget process.
Suggested Disposition: Receive and File; Council
FY2014 Purchase of Services Grant Applications -MVM Memo, Commission Letter, Purchase of Services Grants Ranking Summary,
3. Fifth and Bluff Streets Restroom Project Design Recommendation
City Manager recommending approval to hire Ament Design to prepare a design solution for the 5th and Bluff Public Restroom Project.
Suggested Disposition: Receive and File; Approve
5th & Bluff Restroom Project -MVM Memo Staff Memo Ament Design RFP Response Terms and Conditions,
4. ARC Transfer Center Phase I Project Award
City Manager recommending award of the contract for the ARC Transfer Center Phase 1 Project to the low bidder, Murphy
Construction.
RESOLUTION Awarding public improvement contract for the ARC Transfer Center Phase I Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
ARC Transfer Center Phase 1 Proiect -MVM Memo, Staff Memo Bid Tabulation Form, Resolution
5. Brunskill Road Bridge Reconstruction Project Award
City Manager recommending approval of the award of the contract to the low bidder, Taylor Construction, Inc., subject to the
concurrence and approval of the Iowa Department of Transportation.
RESOLUTION Awarding public improvement contract for the Brunskill Road Bridge Reconstruction Project Iowa DOT Project No.
BROS -2100 (659)- -8J -31
Suggested Disposition: Receive and File; Adopt Resolution(s)
Brunskill Road Bridge Proiect-MVM Memo, Staff Memo, Resolution,
6. Dubuque County Smart Plan - Request for Work Session
City Manager recommending that the City Council schedule a work session for January 7, 2013, on the Dubuque County Regional
Smart Plan.
Suggested Disposition: Receive and File; Council
Request for Work Session on Dubuque County Smart Plan -MVM Memo Staff Memo
COUNCIL MEMBER REPORTS
PUBLIC INPUT
At this time, anyone in the Council Chambers may address the Council on matters which are of concern to that person and which are not an
agenda item. Please take your place at the microphone and state your name and address clearly. Proceed with your comments; however, no
formal action may be taken at this time on your comments because of the notice requirements of the Iowa Open Meetings Law.
CLOSED SESSION
Pending Litigation and Property Acquisition - Chapter 21.5(1)(c)(j) Code of Iowa