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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