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
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Sutton
Braig
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Buol
/
Connors
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Lynch
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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
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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
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Lynch
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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/,
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Yays
Nays
`/
Resnick
V
Sutton
Braig
V
Buol
Connors
Jones
Lynch
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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
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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
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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