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12 3 12 Clerk's Skeleton Notes and Meeting CallTO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a Regular Session of the City Council to be held on Monday, December 3, 2012, at 6:30 PM in the Historic Federal Building for the purpose of conducting such business that may properly come before the City Council. Consent Items: Pages 1 -5 Roy D. Buol, Mayor CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on December 3, 2012 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor 'Buol; Council Members Braig, uonnors, Jtfnes, Lich, 'Resnick, >tton; City Manager Vpr Milligen, City Attornrp,indahl Absent: Mayor Pro Tem Lynch read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE 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. CONSENT ITEMS Yays Nays Resnick • Sutton Braig Buol Connors Jones Lynch 1. Minutes and Reports Submitted City Council proceedings of 11/19; Community Development Advisory Commission of 11/14; Housing Commission of 10/23; Library Board of Trustees Update and Survey Results of 11/15; Park and Recreation Commission of 9/18; Sister City Relationships Advisory Commission of 11/14; 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 2. Notice of Claims and Suits Peter Apel for vehicle damage, Lawrence Vize for property damage Suggested Disposition: Receive and File; Refer to City Attorney 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 Communities Assurance Pool: Peter Apel for vehicle damage, Lyle Christopherson for property damage, Lawrence Vize for property damage Suggested Disposition: Receive and File; Concur 4. Bunker Hill Golf Course Outing Fee City Manager recommending approval for changing fees for Bunker Hill Golf Course Outings. Suggested Disposition: Receive and File; Approve 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 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 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 IA-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) 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 Yays Nays Resnick Sutton Braig Buol Connors Jones Lynch 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) 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 MO 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) 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) Yays Nays Resnick Sutton Braig Buol Connors Jones Lynch 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) 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 'Y ., 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) 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 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 with Clarke University Approving a First Amendment to the Usage Agreement or Veterans' Memorial Park, Field 2 Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Resnick Sutton Braig Buol Connors Jones Lynch 1 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 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) 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 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 Yays Nays Resnick Sutton Braig Buol Connors Jones Lynch 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 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) 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 the City of Dubuque, Iowa Adopting Supplement No. 11 to the Code of Ordinances of Suggested Disposition: Receive and File; Adopt Resolution(s) 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 Yays Nays Resnick Sutton Braig Buol Connors Jones Lynch 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 `,‘,43„ Approving the Fiscal Year 2012 Urban Renewal Report for the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s) 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 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 27. Signed Contracts Nancy J. Richardson for General Consulting Services for surface transportation development; Professional Services Agreement with WHKS & Co., for design of the utilities extension to the Dubuque Regional Airport. Suggested Disposition: Receive and File Yays Nays Resnick Sutton Braig Buol Connors Jones Lynch 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 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 Yays Nays Resnick Sutton Braig Buol Connors Jones Lynch 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. 1. Community Development Advisory Commission One 3 -Year term through February 15, 2014 (Vacant term of Smith) Applicant: Janice Craddieth, 1455 Washington 2 Housing Code Board of Appeals One 3 -Year term through January 11, 2015 (Expiring term of Schaub) Applicant: Robert Schaub, 1745 Embassy West #2 3. 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 PUBLIC HEARINGS SUSPEND THE RULES Yays Nays l✓ Resnick Sutton Braig Buol Connors Jones Lynch 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 Suspend the Readings Yays Nays i Resnick Resnick Sutton Sutton Braig Buol !/ Connors Buol Jones / Connors Lynch Final Reading and Adopt Yays Nays Resnick Sutton Braig !/ Buol / Connors Jones Lynch eruzyi 0,-Afc -i9my ,LI�ZN%GS f/alS � inG4 /20 "igat/i/b 7a-d, MAIL Joefic/ cW&_, REINSTATE THE RULES This action limits discussion to the City Council. Yays Nays I/ Resnick Sutton Braig 1/2 Buol Connors Jones Lynch ACTION ITEMS 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; -ilFJ - Yays Nays Resnick Sutton Braig Buol Connors Jones t// Lynch gd/ ASA04,, .4/e420/40040crizio_ 24)?)0' ci( ,*zeit‘40,priatar -tige,Jfir 4'm N! 40- �19.17i/40 / 2 ��s 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 Yays Nays Resnick Sutton V Braig Buol Connors Jones ,`' Lynch eei!.7,*7 *124 /OM az)/-//add-/110/eilJ /111W‘441/ may/kzv /44 -1/)&11?72., 0/711/# 4/7-6 Ole/di V;y1iii) 4f474 �r�- L84ro/,4 , ill'd7* tidifii/,%/a/ e,"4 filt,42X /) 14":% �L �1°iry/^✓v/v4 Alp N1tio /2"/),/," 990A- 4A1/W A024-, 644,z hi7/5/:Ag( &-03rg-: ��s�� ze- hie,* er4--(724.44/7"..8 7 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; Appiz5VT 48/, " Yays Nays `/ Resnick V Sutton Braig V Buol Connors Jones Lynch ib& 6//mxia- 9 *Agdo- /71ae./%, /47,-4 4. ARC Transfer Center Phase 1 Project Award City Manager recommending award of the contract for the ARC Transfer Center Phase I Project to the low bidder, Murphy Construction. RESOLUTION 3D Awarding public improvement contract for the ARC Transfer Center Phase I Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays t! Resnick I/ Sutton 1/ Braig V Buol 1/1 Connors V/ Jones Lynch 17M7 id,d/g/w-4/1°A5 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 7 "7 ( 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) Yays Nays t/ Resnick fj Sutton V Braig Buol y/ Connors Jones Lynch 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 Yays Nays V Resnick t/ Sutton Braig p/ Buol 1/ Connors Jones 1/ Lynch COUNCIL MEMBER REPORTS PUBLIC INPUT /)r) 414/0/Agifir 7)1$ ,z4Aa, CLOSED SESSION Pending Litigation and Property Acquisition - Chapter 21.5(1)(c)(j) Code of Iowa Y- s Nays Resnick tton Bra! Buol Connors Jones Lynch ADJOURNMENT Yayss, Nays Resnick Sutton Braig Buol J/ Connors ►/ Jones V Lynch