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12 03 12 City Council Proceedings Official_RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL 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, Connors, Jones, Lynch, Resnick, Sut- ton; City Manager Van Milligen, City Attorney Lindahl Mayor Buol 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. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Braig. Motion carried 7 -0. Minutes and Reports Submitted: City Council proceedings of 11/19; Community De- velopment 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, and Fiscal Year 2012 Financial Report. Upon motion the documents were received and filed. Notice of Claims and Suits: Peter Apel for vehicle damage, Lawrence Vize for proper- ty damage. Upon motion the documents were received, filed and referred to the City At- torney. Disposition of Claims: City Attorney advising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: Peter Apel for vehicle damage, Lyle Christopherson for property damage, Lawrence Vize for property damage. Upon motion the documents were received, filed and concurred. Bunker Hill Golf Course Outing Fee: City Manager recommending approval for changing fees for Bunker Hill Golf Course Outings. Upon motion the documents were received, filed and approved. Certificate of Completion for McGraw Hill Companies, Inc.: City Manager recom- mending approval of a Certificate of Completion for McGraw Hill Companies, Inc. ac- knowledging that their obligations to construct Minimum Improvements (building con- struction, interior improvements, and site improvements in the Port of Dubuque) have been met. Upon motion the documents were received, filed and approved. Certificate of Completion - Bonson Block, 356 Main St.: City Manager recommending approval of a Certificate of Completion for 356 Main Street - Bonson Block. Upon mo- tion the documents were received, filed and approved. 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. Upon motion the documents were received and filed and Resolution No. 327 -12 Accepting the Iowa 32/ Hike /Bike Trail Phase 4 Project and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 327 -12 ACCEPTING THE IOWA 32 HIKE /BIKE TRAIL PHASE 4 PROJECT AND AUTHORIZ- ING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Iowa 32 Hike /Bike Trail Phase 4 Project (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Iowa 32 Hike /Bike Trail Phase 4 Project capital improvement appropriation for the con- tract amount of $46,936.70 less any retained percentage provided for therein as provid- ed in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 3rd day of December, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE IOWA 32 HIKE /BIKE TRAIL PHASE 4 PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Iowa 32 Hike /Bike Trail Phase 4 Project, and that said Project has been performed in compliance with the terms of the Public Improvement Contract, and 2 that the total cost of the completed work is $48,084.50. Dated this 29th day of November, 2012. /s /Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 29th day of November, 2012. /s /Kevin S. Firnstahl, CMC City Clerk 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. Upon motion the documents were received, filed and made a Matter of Record. Green Alley Permeable Pavers Project Acceptance (17 -18th Between Washington and Jackson Streets): City Manager recommending acceptance of the construction con- tract and the establishment of the Final Schedule of Assessments for the Green Alley Permeable Pavers Project (17th -18th between Jackson and Washington Streets). Upon motion the documents were received and filed and Resolution No. 328 -12 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; and Resolution No. 329 -12 Adopting the Final Schedule of Assessments for the Green alley Permeable Pavers (17th -18th Between Jackson & Washington Streets) Project were adopted. RESOLUTION NO. 328 -12 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 Whereas, the Public Improvement Contract for the Green Alley Permeable Pavers (17th — 18th between Jackson & Washington Streets) Project (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Green Alley Pilot Project fund, Sanitary Sewer Manhole Replacement Fund, Catch Ba- sin maintenance Fund, Storm Sewer Improvements Fund and the Water Main Re- placements Fund for the contract amount of $162,542.46 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 3rd day of December, 2012. Attest: Kevin S. Firnstahl, City Clerk 3 Roy D. Buol, Mayor CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE GREEN ALLEY PERMEABLE PAVERS PROJECT (17TH — 18TH BETWEEN JACKSON & WASHING- TON STREETS) PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Green Alley Permeable Pavers (17th — 18th, between Jackson & Washington Streets) Project, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $174,218.27. Dated this 29th day of November, 2012. /s /Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 29th day of November, 2012. /s /Kevin S. Firnstahl, City Clerk RESOLUTION NO. 329 -12 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE GREEN ALLEY PER- MEABLE PAVERS (17TH — 18TH, BETWEEN JACKSON & WASHINGTON STREETS) PROJECT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: After full consideration, the Final Schedule of Assessments as shown attached sheet(s), Page 1 to Page 1 inclusive, is hereby approved for the Green Alley Permeable Pavers (17th — 18th between Jackson & Washington Streets) Project. There is hereby assessed and levied as a special tax against and upon each of the benefited properties, the respective sums indicated. The amounts shown in said Final Schedule of Assessments as deficiencies are found to be proper and levied conditional- ly against the respective properties benefited by the improvements as shown in the Fi- nal Schedule of Assessments, subject to the provisions of Iowa Code § 384.63. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty -five percent of the value of same. The City Clerk be and is hereby directed to certify the Final Schedule of Assessments to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certifi- cation once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the Final Schedule of Assessments. On or before the date of the second pub- lication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the office of the City Treasurer, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after the date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid as- sessments of $100.00 or more are payable in 15 annual installments at the County Treasurer's Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual interest at nine percent (9 %) computed to December 1 next follow- ing the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. However, when the last day of September is a Saturday or Sun- day, that amount shall be delinquent from the second business day of October. Delin- quent installments will draw the same delinquent interest as ordinary taxes. Property 4 owners may elect to pay any annual installments semi - annually in advance. Passed, approved and adopted this 3rd day of December, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Schedule of Assessments Green Alley Permeable Pavers Project (17th — 18th Between Jackson & Washington Streets) Property Owner Name, Lot Description, Parcel Number, Mailing Address, Street Ad- dress, Net Assessed Valuation, Valuation With Improvement, Net Paving Improvement Cost, Net Paving Improvement Deficiency, Total Public Improvement Cost, Water Ser- vice Private Lateral Cost, Total Net Assessment Vorwald, Jean M., S 31'02" Lot 36 East Dubuque Add, 10 -24- 263 -009, 1710 Jackson St., 1710 Jackson St., $85,000.00, $85,631.10, $631.10, $0.00, $631.10, , $631.10 Vorwald, Jean M., Legal 1720 -1722, 10 -24- 263 -008, 1710 Jackson St., 1720 Jack- son St., $47,340.00, $48,262.37, $922.37, $0.00, $922.37, $0.00, $922.37 Hagensten, Joseph G., N1/2 Lot 35 East Dubuque Add, 10 -24- 263 -007, 1732 Jack- son St., 1732 Jackson St., $35,500.00, $36,017.82, $517.82, $0.00, $517.82, $0.00, $517.82 Mihalakis, Elizabeth A. & Michael M., S1/2 Lot 34 East Dubuque Add, 10- 24 -263- 006, 1756 Jackson St., 1756 Jackson St., $60,300.00, $60,817.82, $517.82, $0.00, $517.82, $0.00, $517.82 Mihalakis, Elizabeth A. & Michael M., N1 /2 Lot 34 East Dubuque Add, 10- 24 -263- 005, 1760 Jackson St., 1760 Jackson St., $47,600.00, $48,117.82, $517.82, $0.00, $517.82, $0.00, $517.82 Pluym, Ronald D., S1/2 Lot 33 East Dubuque Add, 10 -24- 263 -004, 1616 Lincoln Ave., 1768 Jackson St., $45,500.00, $46,017.82, $517.82, $0.00, $517.82, $0.00, $517.82 Wiemerslage, Annette, N1/2 Lot 33 East Dubuque Add, 10 -24- 263 -003, 1776 Jack- son St., 1776 Jackson St., $48,100.00, $48,617.82, $517.82, $0.00, $517.82, $0.00, $517.82 Nicolalde, Daisy Y., S1/2 Lot 32 East Dubuque Add, 10 -24- 263 -002, 2525 Date St. #602, 1786 Jackson St., $19,460.00, $20,816.50, $517.82, $0.00, $517.82, $838.68, $1,356.50 Crippes, Mary M., N1/2 Of Lot 32 East Dubuque Add, 10 -24- 263 -001, 1796 Jackson St., 1796 Jackson St., $38,100.00, $39,456.50, $517.82, $0.00, $517.82, $838.68, $1,356.50 Knockel, Frank & Rachel, Lot 87 East Dubuque Add, 10 -24- 263 -023, 1715 Washing- ton St., 1715 Washington St., $58,000.00, $59,035.65, $1,035.65, $0.00, $1,035.65, $0.00, $1,035.65 Trausch, Forrest R., Lot 1 -1 -88 East Dubuque Add, 10 -24- 263 -022, P.O. Box 4, 1725 Washington St., $33,500.00, $34,691.47, $352.79, $0.00, $352.79, $838.68, $1,191.47 Trausch, Forrest R., Lot - 2 -1 -88 East Dubuque Add, 10 -24- 263 -021, P.O. Box 4, 1731 Washington St., $32,500.00, $32,815.95, $315.95, $0.00, $315.95, $0.00, $315.95 5 Trausch, Forrest R., Lot 2 -88 East Dubuque Add, 10 -24- 263 -020, P.O. Box 4, 1737 Washington St., $32,000.00, $33,202.78, $364.10, $0.00, $364.10, $838.68, $1,202.78 Wagner, Sharon M., East Dubuque Add S. 23' 7" - S. 1/2 Lot 89, 10 -24- 263 -019, 1741 Washington St., 1741 Washington St., $38,200.00, $38,676.96, $476.96, $0.00, $476.96, $0.00, $476.96 City Of Dubuque, N 2' S1/2 Of 89 & N1/2 Of Lot 89 East Dubuque Add, 10- 24 -263- 018, 50 W. 13th Street, 1753 Washington St., $42,300.00, $42,858.28, $558.28, $0.00, $558.28, $0.00, $558.28 Clark, Keith Karlton, W1/2 Of Lot 90 & W1/2 Of Lot 91 East Dubuque Add, 10 -24- 263 -010, 206 East 18th, 260 East 18th St., $76,400.00, $78,471.30, $2,071.30, $0.00, $2,071.30, $0.00, $2,071.30 Beverly Avenue Storm Sewer Project Acceptance: City Manager recommending ac- ceptance of the public improvement for the Beverly Avenue Storm Sewer Construction Project and authorization for final payment to the contractor, Drew Cook and Sons Ex- cavating Co., Inc. Upon motion the documents were received and filed and Resolution No. 330 -12 Accepting Beverly Avenue Storm Sewer Construction Project and authoriz- ing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 330 -12 ACCEPTING BEVERLY AVENUE STORM SEWER CONSTRUCTION PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRAC- TOR Whereas, the Public Improvement Contract for the Beverly Avenue Storm Sewer Construction Project (the Project) has been completed and the City Engineer has exam- ined the work and filed a certificate stating that the Project has been completed accord- ing to the terms of the Public Improvement Contract and that the City Engineer recom- mends that the Project be accepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Beverly Avenue Storm Sewer Construction Project appropriations for the contract amount of $19,090.08 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provi- sions of Iowa Code chapter 573. Passed, approved and adopted this 3rd day of December 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE BEVERLY AV- ENUE STORM SEWER CONSTRUCTION PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the, that the Beverly Avenue Storm Sewer Construction Project has been performed in compliance with the terms of the Public Improvement Contract, and that 6 the total cost of the completed work is $20,409.08. Dated this 29th day of November, 2012. /s /Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 29th day of November, 2012. /s /Kevin S. Firnstahl, CMC, City Clerk Brick Manhole Bid Package #3 Project Acceptance: City Manager recommending ac- ceptance of the public improvements for the 2012 Brick Manhole Replacement Project, Bid Package 3, and authorization for final payment to the contractor, McDermott Exca- vating. Upon motion the documents were received and filed and Resolution No. 331 -12 Accepting the 2012 Brick Manhole Replacement Project bid Package 3 and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 331 -12 ACCEPTING THE 2012 BRICK MANHOLE REPLACEMENT PROJECT BID PACK- AGE 3 AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the 2012 Brick Manhole Replacement Project Bid Package 3 (the Project) has been completed and the City Engineer has ex- amined the work and filed a certificate stating that the Project has been completed ac- cording to the terms of the Public Improvement Contract and that the City Engineer rec- ommends that the Project be accepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the 2012 Brick Manhole Replacement Project Bid Package 3 appropriations for the contract amount of $78,749.20 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provi- sions of Iowa Code chapter 573. Passed, approved and adopted this 3rd day of December 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE 2012 BRICK MANHOLE REPLACEMENT PROJECT BID PACKAGE 3 The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 2012 Brick Manhole Replacement Project Bid Package 3, and that said Project has been performed in compliance with the terms of the Public Improve- ment Contract, and that the total cost of the completed work is $81,899.20. Dated this 29th day of November, 2012. /s /Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 29th day of November, 2012. /s /Kevin S. Firnstahl, CMC, City Clerk 7 Eagle Point Park Washout Project Acceptance: City Manager recommending ac- ceptance of the construction contract for the Eagle Point Park Washout Repair Project, as completed by Connolly Construction, Inc. Upon motion the documents were received and filed and Resolution No. 332 -12 Accepting the Eagle Point Park Washout Repair Project and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 332 -12 ACCEPTING THE EAGLE POINT PARK WASHOUT REPAIR PROJECT AND AU- THORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Eagle Point Park Washout Repair Project (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the FEMA 2012 Funding allocation and the Eagle Point Park Storm Sewer Repair capital improvement appropriation for the contract amount of $48,258.07 less any retained per- centage provided for therein as provided in Iowa Code chapter 573, and to pay such re- tainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 3rd day of December, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE EAGLE POINT PARK WASHOUT REPAIR PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Eagle Point Park Washout Repair Project, and that said Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $48,258.07. Dated this 29th day of November, 2012. /s /Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 29th day of November, 2012. /s /Kevin S. Firnstahl, CMC City Clerk North End Trail Lighting Project Acceptance: City Manager recommending ac- ceptance of the North End Trail Lighting Project, as completed by A & G Electric. Upon motion the documents were received and filed and Resolution No. 333 -12 Accepting the North End Trail Lighting Project and authorizing the payment of the contract amount to the contractor was adopted. 8 RESOLUTION NO. 333 -12 ACCEPTING THE NORTH END TRAIL LIGHTING PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the North End Trail Lighting Project (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Pro- ject be accepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the North End Trail Lighting Project appropriation for the contract amount of $63,203 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 3rd day of December, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Consent Decree Sewershed 12 Corrective Action Plan: City Manager recommending approval of the Corrective Action Plan for Sewershed 12, and submittal to the US De- partment of Justice, US EPA and the Iowa Department of Natural Resources. Upon mo- tion the documents were received, filed and approved. Veterans' Memorial Ball Field 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. Upon motion the documents were received and filed and Resolution No. 334 -12 Approving a First Amendment to the Usage Agreement with Clarke University for Veterans' Memorial Park, Field 2 was adopted. RESOLUTION NO. 334 -12 APPROVING A FIRST AMENDMENT TO THE USAGE AGREEMENT WITH CLARKE UNIVERSITY FOR VETERANS' MEMORIAL PARK, FIELD 2 Whereas, the City of Dubuque, Iowa (City) is the owner of Veterans' Memorial Park, Field 2, all in the City of Dubuque, Dubuque County, Iowa; and Whereas, Clarke University desires to extend the terms of the Usage Agreement to use the property exclusively for college softball games and practices and the City agrees to this term extension; and Whereas, the City Council finds that it is in the best interest of the City to approve the First Amendment of the Usage Agreement. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa approves the First Amend- 9 ment of the Usage Agreement with Clarke University for Veterans' Memorial Park, Field 2. Section 2. The Mayor is hereby authorized and directed to sign this resolution and the Usage Agreement. Passed, approved and adopted this 3rd day of December, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 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 initi- ate. Upon motion the documents were received, filed and approved. 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. Upon motion the documents were received and filed and Resolution No. 335 -12 Authorizing the Assignment of the German Bank Building, LLLP (342 Main Street) Development Agreement and Downtown Rehabilita- tion Loan Agreement to James Madison, Inc., was adopted. RESOLUTION NO. 335 -12 AUTHORIZING THE ASSIGNMENT OF THE GERMAN BANK BUILDING, LLLP (342 MAIN STREET) DEVELOPMENT AGREEMENT AND DOWNTOWN REHABILITA- TION LOAN AGREEMENT TO JAMES MADISON, INC. Whereas, the City of Dubuque, Iowa, has created a Downtown Rehabilitation Loan /Grant Program for the purpose of stimulating reinvestment in the Greater Down- town Urban Renewal District; and Whereas, the City of Dubuque, Iowa is encouraging the use of this loan /grant pro- gram to finance code compliance activities and to spur job creation activities; and Whereas, the Development Agreement with German Bank Building, LLLP approved by resolution 298 -07 committed to a $300,000 Downtown Rehabilitation Loan for the renovation of the German Bank Building located at 342 Main Street; and Whereas, German Bank Building, LLLP desires to transfer the building to James Madison, Inc. with the intent of reopening a restaurant on the first floor of the build- ing; and Whereas, German Bank Building, LLLP further desires to assign the Development Agreement and Downtown Rehabilitation Loan Agreement to James Madison, Inc.; and Whereas, the City Council finds that it is the best interests of the City of Dubuque to approve the assignment, subject to the conditions set forth herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council approves the assignment of the German Bank Build- ing, LLLP Development Agreement and Downtown Rehabilitation Loan Agreement to James Madison, Inc., subject to approval of the terms and conditions of the assignment 10 by the City Manager, including the assumption by James Madison, Inc. of all obligations and responsibilities of German Bank Building, LLLP under the Development Agreement and Downtown Rehabilitation Loan Agreement. Section 2. That the City Manager is hereby authorized to execute, on behalf of the City of Dubuque, Iowa, all necessary documents to complete such assignment. Passed, approved and adopted this 3rd day of December, 2012. Roy D. Buol Mayor, Attest: Kevin Firnstahl, City Clerk Traffic Engineer Position: City Manager recommending approval to eliminate the va- cant Traffic Engineering Assistant position and create a Traffic Engineer position in the Engineering Department. Upon motion the documents were received, filed and ap- proved. 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. Upon motion the documents were received, filed and approved. GRO1000 Gardens & Green Spaces Grant Awards Program: City Manager recom- mending approval of a GRO1000 Gardens & Green Spaces $25,000 grant application submitted to the US Conference of Mayors in partnership with the Dubuque Rescue Mission. Upon motion the documents were received, filed and approved. 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. Upon motion the docu- ments were received and filed and Resolution No. 336 -12 Consenting to the Assign- ment of the Development Agreement between the City of Dubuque, Iowa, and McGraw - Hill Companies to McGraw -Hill Education, LLC was adopted. RESOLUTION NO. 336 -12 CONSENTING TO THE ASSIGNMENT OF THE DEVELOPMENT AGREEMENT BE- TWEEN THE CITY OF DUBUQUE, IOWA AND MCGRAW -HILL COMPANIES, INC. TO MCGRAW -HILL EDUCATION, LLC Whereas, the City of Dubuque entered into a Development Agreement with McGraw Hill Companies, Inc. dated June 19, 2006; and Whereas, the Development Agreement required, among other things, that McGraw Hill Companies, Inc. construct and operate a facility in the city of Dubuque on Part of Lot 1 of Riverwalk Sixth Addition in the City of Dubuque, Iowa, according to the recorded plat thereof; and Whereas, McGraw -Hill Companies, Inc. has constructed the facility and operates the facility in the city of Dubuque; and Whereas, McGraw -Hill Companies, Inc. now desires to assign its rights and respon- sibilities under the Development Agreement to a wholly -owned subsidiary, McGraw -Hill Education, LLC, to which it intends to transfer its facility and operations in the city of 11 Dubuque; and Whereas, Section 13.6 of the Development Agreement requires the consent of the City to any such assignment; and Whereas, the City Council of the City of Dubuque finds that the City of Dubuque should consent to the assignment, a copy of which Assignment Agreement is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque hereby consents to the Assignment Agreement, a copy of which is attached hereto. Passed, approved and adopted this 3rd day of December, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 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. Upon motion the documents were received and filed and Resolu- tion No. 337 -12 Adopting Supplement No. 11 to the Code of Ordinances of the City of Dubuque, Iowa, was adopted. RESOLUTION NO.337 -12 ADOPTING SUPPLEMENT NO. 11 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance No. 43 -09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entire- ty; and Whereas, since August 17, 2009 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances; and Whereas, Section 380.8 of the Code of Iowa provides that supplements, by resolu- tion, become part of the Code of Ordinances. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 11 of the Code of Ordinances of the City of Dubu- que, Iowa, covering Ordinances 45 -12 through 56 -12 passed by Council and enacted through September 17, 2012, prepared by the Sterling Codifiers, Inc., and filed in the Office of the City Clerk of the City of Dubuque, Iowa is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. Passed, approved and adopted this 3rd day of December, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC City Clerk Hostess Brands WARN Notification: Correspondence from Hostess Brands, Inc., re- ceived November 20, 2012 advising the City of the company's bankruptcy proceedings, 12 employee separations, and liquidation pursuant to the Worker Adjustment and Retrain- ing Notification Act. Upon motion the documents were received and filed. State Urban Renewal (TIF) Report for Fiscal Year 2012: City Manager recommend- ing approval of the Fiscal Year 2012 State Urban Renewal Annual Report. Upon motion the documents were received and filed and Resolution No. 338 -12 Approving the Fiscal Year 2012 Urban Renewal Report for the City of Dubuque was adopted. RESOLUTION NO. 338 -12 APPROVING THE FISCAL YEAR 2012 URBAN RENEWAL REPORT FOR THE CITY OF DUBUQUE. Whereas, the Iowa Legislature approved HF 2460 in the 2012 Legislative Session, amending the current law pertaining to urban renewal districts; and Whereas, HF 2460, otherwise known as the Urban Renewal Reporting Act of 2012, aims to increase transparency in the utilization of tax increment financing; and Whereas, HF 2460 requires an annual urban renewal report be approved by the ma- jority of a local governing body that had an active urban renewal plan anytime during the most recently ended fiscal year; and Whereas, City staff have fulfilled the requirements outlined in the Act through a web - based reporting tool hosted by the Iowa Department of Management. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Fiscal Year 2012 Urban Renewal Report for the City of Dubuque, be approved. Section 2. That the Budget Director of the City of Dubuque, Iowa is hereby authorized and directed to submit the Report, with a record of this approval, to the Iowa Depart- ment of Management. Passed, approved and adopted this 3rd day of December, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2013 State Legislative Priorities: City Manager submitting the State of Iowa Legisla- tive 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. Upon motion the documents and additional handouts were received, filed and approved. 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. Upon motion the documents were received, filed and approved. 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. Upon motion the doc- uments were received and filed. 13 Business License Refund: Request by Sarah Gates for a refund of the liquor license for The District Bar in the amount of $211.25. Upon motion the documents were re- ceived, filed and approved. Alcohol License Applications: City Manager recommending approval of annual liquor, beer, and wine licenses as submitted. Upon motion the documents were received and filed and Resolution No. 339 -12 Approving applications for beer, liquor, and /or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and Li- cense Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 339 -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 LIQ- UOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City Council for approval and the same have been examined and ap- proved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the following named applicants and permit types. Holiday Inn Dubuque Five Flags 450 Main St. Class B Liquor (Sunday) (Hotel /Motel) Hy -Vee #2 2395 NW Arterial Class E Liquor, Class B Wine, Class C Beer (Carryout Beer & Wine) (Sunday) Hy -Vee C -Store #1 3270 Dodge St. Class C Beer, Class B Wine (Car- ryout Wine) (Sunday) Plaza 20 BP /Amoco 2600 Dodge St. Class C Beer, Class B Native Wine (Sunday) Sam's Club #4973 4400 Asbury Rd. Class E Liquor, Class B Wine, Class C Beer (Carryout Beer & Wine) (Sunday) The Moracco 1413 Rockdale Rd Class C Liquor (Sunday) Cookin' Something Up 1640 J.F.K. Rd. Special Class C Liquor, Class B Wine (Beer/Wine) (Carryout Wine) (Sunday) Pepper Sprout, Inc. 378 Main St. Class C Liquor Double Shot 2093 Washington Class C Liquor (Sunday) Passed, approved and adopted this 3" day of December, 2012. 14 Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk BOARDS /COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards /Commissions. Community Development Advisory Commission: One 3 -Year term through February 15, 2014 (Vacant term of Smith). Applicant: Janice Craddieth, 1455 Washington; Housing Code Board of Appeals: One 3 -Year term through January 11, 2015 (Expir- ing 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. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. Code of Ordinances - Residential Parking Permit District Amendment: Proof of publi- cation 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. Motion by Connors to re- ceive 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. Seconded by Resnick. Karen Leubka, 1660 Marjorie Circle, spoke in support of the ordinance citing concerns over limited access for EMS, mail and refuse, and safety issues with traffic speed and congestion. Cynthia Sanders, 1482 Lucy Drive, was informed by the City Manager that the current residen- tial parking permits would be honored. Motion carried 7 -0. Motion by Connors for final consideration and passage of Ordinance No. 62 -12. 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 Penn- sylvania Avenue and Amy Court and adjusting the days of the parking restrictions to cover school days only. Seconded by Resnick. Motion carried 7 -0. OFFICIAL PUBLICATION ORDINANCE NO. 62 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHI- CLES AND TRAFFIC, CHAPTER 14 PARKING, DIVISION 7 RESIDENTIAL PARKING PERMIT PROGRAM, SECTION 9 -14- 321.736 RESIDENTIAL PARKING PERMIT DIS- TRICT D BY ADDING MARJORIE CIRCLE BETWEEN PENNSYLVANIA AVENUE AND AMY COURT AND ADJUSTING THE DAYS OF THE PARKING RESTRICTIONS TO COVER SCHOOL DAYS ONLY 15 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 9 -14- 321.736 of the City of Dubuque Code of Ordinances is amended to read as follows: 9 -14- 321.736: RESIDENTIAL PARKING PERMIT DISTRICT D: A. The following described area constitutes a residential parking permit district desig- nated as residential parking permit district D: Amy Court, from Marjorie Circle to the northerly end. Lucy Drive, from Pennsylvania Avenue to Welu Drive. Marjorie Circle, between Pennsylvania Avenue and Amy Court. B. No vehicles shall park curbside in residential parking permit district D during the hours of seven o'clock (7:00) A.M. and three o'clock (3:00) P.M. on school days, without displaying a valid parking permit issued by the city. Section 2. This Ordinance takes effect upon publication. Passed, approved, and adopted the 3rd day of December, 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 7th day of December, 2012. /s /Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Safe Community Advisory Committee: Chairperson Doug Stillings presented 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. Motion by Lynch to receive and file the documents and set the work session as recommended. Mr. Stillings provided a report on the accomplishments and progress of the Committee and recommended continuation of the Safe Community Advisory Committee. Motion carried 7 -0. Community Development Advisory Commission Purchase of Service Grant Applica- tions: 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. Motion by Connors to receive and file the documents and refer to the City Manager for the December 17, 2012 meeting. Seconded by Jones. City Council discussion included allowing time for the City Manag- er to review the impact of budgeting for Purchase of Service Agencies that have a 28E Agreement with the City versus non - essential agencies and organizations. Community Development Specialist Aggie Tauke provided information on the Commission's review process and funding recommendations. Motion carried 7 -0. 16 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. Motion by Connors to receive and file the documents and table to the December 17, 2012 meeting. Seconded by Jones. Resnick requested more information for comparing the firms involved. Motion carried 7 -0. ARC Transfer Center Phase I Project Award: City Manager recommending award of the contract for the ARC Transfer Center Phase I Project to the low bidder, Murphy Construction. Motion by Jones to receive and file the documents and adopt Resolution No. 340 -12 Awarding public improvement contract for the ARC Transfer Center Phase I Project. Seconded by Connors. Responding to questions from City Council, Economic Development Director Dave Heiar stated that the City has a lease with ARC for the property so landscaping is not included in the project. RESOLUTION NO. 340 -12 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE ARC TRANSFER CENTER PHASE I PROJECT Whereas, sealed proposals have been submitted by contractors for the ARC Transfer Center Phase I Project (the Project) pursuant to Resolution No. And Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 16th day of October, 2012, and Whereas, said sealed proposals were opened and read on the 20th day of November, 2012 and it has been determined that Murphy Construction Group, LLC of Dubuque, Iowa with a bid proposal in the amount of $235,601.00, is the responsive, responsible bidder for the Project, and Whereas, it has been determined that it is in the best interest of the City of Dubuque to enter into an improvement contract with Murphy Construction Group, LLC for said Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Murphy Construction Group, LLC and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 3rd day of December, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk 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. Motion by Lynch to receive and file the documents and adopt Resolution No. 341 -12 Awarding public improvement contract for the Brunskill Road Bridge Reconstruction Project Iowa DOT Project No. BROS -2100 (659)-- 8J -31. Seconded by Jones. Motion carried 7 -0. 17 RESOLUTION NO. 341 -12 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE BRUNSKILL ROAD BRIDGE RECONSTRUCTION PROJECT IOWA DOT PROJECT NO. BROS -2100 (659)- -8J -31 Whereas, the Iowa Department of Transportation received competitive bid proposals for the Brunskill Road Bridge Reconstruction Project (Project) pursuant to Resolution No.298 -12 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 9th day of November, 2012, and Whereas, said competitive bid proposals were opened and read by the Iowa Depart- ment of Transportation on the 20th day of November, 2012 and it has been determined that Taylor Construction, Inc. of New Vienna, Iowa, with a bid proposal in the amount of $791,970.65, is the lowest responsive, responsible bidder for the Project, and Whereas, it has been determined that it is in the best interest of the City of Dubuque to enter into an improvement contract with Taylor Construction, Inc. for said Project, subject to the concurrence and approval of the Iowa Department of Transportation. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Taylor Con- struction, Inc. and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project, subject to the concurrence and approval of the Iowa Department of Transportation. Passed, approved and adopted this 3rd day of December, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk Dubuque County Smart Plan - Request for Work Session: City Manager recommend- ing that the City Council schedule a work session for January 7, 2013, on the Dubuque County Regional Smart Plan. Motion by Braig to receive and file the documents and set the work session as recommended. Seconded by Jones. Motion carried 7 -0. COUNCIL MEMBER REPORTS Mayor Buol and Council Members Connors and Sutton reported on the National League of Cities Congress of Cities that they recently attended in Boston. There being no further business, upon motion the City Council adjourned at 7:21 p.m. /s /Kevin S. Firnstahl, CMC City Clerk 18