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10 7 13 City Council Proceedings Official_Regular CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on October 7, 2013 in th the Historic Federal Building, 350 W. 6 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 PROCLAMATION(S) Arts and Humanities Month (October 2013) was accepted by Arts and Cultural Affairs Advisory Commissioner Ellen Henkels; Bryant Elementary School 75th Anniversary Day (October 19, 2013) was accepted by Principal Vicki Sullivan; Diversity Month (October 2013) was accepted by Dubuque Area Chamber of Com- merce Senior Vice President Barry Gentry; Make-a-Will Month (October 2013) was accepted by Library Directory Susan Hen- ricks; Trick-or-Treat Night (October 31, 2013) was accepted by Mayor Roy D. Buol. INTRODUCTION City Manager Van Milligen introduced the City’s newly appointed Economic Devel- opment Director Maurice Jones who introduced himself to the City Council. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Connors. Motion carried 7-0. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 8/27; Cable TV Commission of 8/7; City Council proceedings of 9/16; Civil Service Commission of 8/23; Human Rights Commission of 8/12; Park and Recreation Advisory Commission of 9/11; Sister City Relationships Advisory Commission of 10/2; Proof of Publication for City Council proceedings of 9/3 and 9/16; Proof of Publication for Notice of Claims and Summary of Revenues for Month Ending 8/31. Upon motion the docu- ments were received and filed. 1 Notice of Claims and Suits: Brian McNamara for vehicle damage; Mario Owens for vehicle damage. Upon motion the documents were received, filed and referred to the City Attorney. 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: Brian McNamara for vehicle damage and Mario Owens for vehicle dam- age. Upon motion the documents were received, filed and concurred. Dubuque Regional Airport - Acquisition of 8198 Jecklin Lane: City Manager recom- mending approval of a resolution and correction deeds for the acquisition of real estate located at 8198 Jecklin Lane for the Dubuque Regional Airport Runway Safety Area Project. Upon motion the documents were received and filed and Resolution No. 294-13 Approving Correction Deeds for the acquisition of real estate located at 8198 Jecklin Lane, Dubuque, Iowa, was adopted. RESOLUTION NO. 294-13 APPROVING CORRECTION DEEDS FOR THE ACQUISITION OF REAL ESTATE LOCATED AT 8198 JECKLIN LANE, DUBUQUE, IOWA Whereas, the City of Dubuque acquired certain properties located in the area of the Dubuque Regional Airport for the Dubuque Regional Airport Terminal Relocation Pro- ject; and Whereas, a purchase agreement was finalized with the owners of the properties; and Whereas, the transaction involved the acquisition of property from Ronald and Ellen Hartman by the City as well as the sale of property to Ronald and Ellen Hartman by the City; and Whereas, a scrivener’s error was made in the legal descriptions in the deeds for the transactions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the Correction Quit Claim Deed attached hereto for the property acquired by the City of Dubuque from Ronald and Ellen Hartman legally described as: Lot 1 of the Southwest Quarter of the Southwest Quarter of Section 22, and Lot 1 of the Northwest Quarter of the Northwest Quarter of Section 27, all in Township 88 North, Range 2 East of the Fifth Principal Meridian, Dubuque County, Iowa, according to the Plats of Survey, recorded on October 30, 2012, as Instrument Number 2012-00019576 and Instrument Number 2012-00019575 in the Office of the Dubuque County Recorder. Section 2. That the City of Dubuque be and is hereby authorized to accept the Cor- rection Quit Claim Deed from the owners, conveying the owners’ interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. That the City of Dubuque hereby approves the Correction Quit Claim Deed attached hereto for the property deeded to Ronald and Ellen Hartman by the City of Dubuque to be legally described as: Lot 2 of the Southwest Quarter of the Southwest Quarter of Section 22, and Lot 2 of 2 the Northwest Quarter of the Northwest Quarter of Section 27, all in Township 88 North, Range 2 East of the Fifth Principal Meridian, Dubuque County, Iowa, according to the Plats of Survey, recorded on October 30, 2012, as Instrument Number 2012-00019576 and Instrument Number 2012-00019575 in the Office of the Dubuque County Recorder. Section 4. That the City of Dubuque be and is hereby authorized to provide the Cor- rection Quit Claim Deed from the City, conveying the City’s interest to Ronald and Ellen Hartman for the herein described real estate. Section 5. That the City Clerk be and is hereby authorized and directed to cause said Correction Quit Claim Deeds to be recorded in the office of the Dubuque County Re- corder, together with a certified copy of the Resolution. Section 6. That the City Clerk be and is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. th Passed, adopted and approved this 7 day of October, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk Leisure Services 2013 Sidewalk Installation Project - Area 1 McAleece/Admiral Sheehy Drive Project Acceptance: City Manager recommending acceptance of the 2013 Leisure Services Sidewalk Installation Project – Area 1 McAleece/Admiral Sheehy Drive as completed by Tschiggfrie Excavating, Inc. Upon motion the documents were re- ceived and filed and Resolution No. 295-13 Accepting the 2013 Leisure Services Side- walk Installation Project Area 1 McAleece/Admiral Sheehy Drive and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 295-13 ACCEPTING THE 2013 LEISURE SERVICES SIDEWALK INSTALLATION PROJECT AREA 1 MCALEECE/ADMIRAL SHEEHY DRIVE AND AUTHORIZING THE PAY- MENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the 2013 Leisure Services Sidewalk Installation Project - Area 1 McAleece/Admiral Sheehy Drive (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 McAleece Sidewalks capital improvement appropriation for the contract amount of $52,184.43 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. th Passed, approved and adopted this 7 day of October, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC City Clerk 3 CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE 2013 LEISURE SERVICES SIDEWALK INSTALLATION PROJECT - AREA 1 MCALEECE/ADMIRAL SHEEHY DRIVE The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 2013 Leisure Services Sidewalk Installation Project - Area 1 McAleece/Admiral Sheehy Drive, and that said Project has been performed in compli- ance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $53,384.43. rd Dated this 3 day of October 2013. /s/Gus Psihoyos, City Engineer rd Filed in the office of the City Clerk on the 3 day of October, 2013. /s/Kevin S. Firnstahl, CMC City Clerk Express Scripts, Inc. Employer Participation Agreement: City Manager recommend- ing approval of the Employer Participation Agreement with Express Scripts, Inc., and authorization for the City Manager to sign the agreement. Upon motion the documents were received, filed and approved. Teamsters #120 (Bus Operators) - Amendment to Collective Bargaining Agreement: City Manager recommending approval of an amendment to the Collective Bargaining Agreement with Teamsters Local Union No. 120 (Bus Operators). Upon motion the documents were received, filed and approved. DARE Agreement for Fiscal Year 2013-2014: City Manager recommending approval of the Fiscal Year 2013 -2014 DARE Agreement between the City of Dubuque Police Department and the Dubuque Community School District. Upon motion the documents were received, filed and approved. Civil Service Commission: Civil Service Commission submitting the certified lists for the positions of Equipment Operator I, Equipment Operator II, and Recreation Program Supervisor. Upon motion the documents were received, filed and made a Matter of Record. September 11, 2013 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Equipment Operator I was administered on August 27, 2013. We hereby certify that the individuals listed below have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. Equipment Operator I 1. Nicholas Wilson 6. Jason DeMaio 2. Luke Steger 7. Matthew Cooper 3. Dave Hanson 8. Matt Herman 4. Douglas Kuehn 9. Jordan Thul 5. Randy Sertle 4 Respectfully submitted, Dan White, Chairman Civil Service Commission August 23, 2013 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Equipment Operator II was administered on August 12, 2013. We hereby certify that the individuals listed below have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. Equipment Operator II 1. Mark Meyer 6. William Gansen 2. Gary Valentine 7. Doug Kuehn 3. Jerome Ben 8. Chris Kloft 4. Nicholas Wilson 9. Richard Zeller 5. Luke Steger 10. Matt Herman Respectfully submitted, Dan White, Chairman Civil Service Commission September 11, 2013 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Recreation Program Supervisor was administered via take-home exam. We hereby certify that the individuals listed below have passed this written examination and the va- cancy for this position should be filled from this list and that this list is good for two (2) years from above date. Recreation Program Supervisor 1. Brad Barker 9. Alan Stoltz 2. Nick McDuffee 10. Tyler Daugherty 3. Jay Mominee 11. Ashley Winter 4. Katherine Bahl 12. Crista Ovsak 5. Jacob Anderson 13. Casey Breitbach 6. Chad Shelton 14. Jantz Elliott 7. Malory Smysor 15. Andrew Gillip 8. Megan Jernberg 16. Steve Osterberger Respectfully submitted, Dan White, Chairman Civil Service Commission Park and Recreation Advisory Commission: Commissioner Chuck Harris submitting his resignation to the Park and Recreation Advisory Commission. Upon motion the doc- uments were received, filed and the resignation accepted. 5 Zoning Advisory Commission: Commissioner Charles Miller submitting his resigna- tion from the Zoning Advisory Commission. Upon motion the documents were received, filed and the resignation accepted. Zoning Board of Adjustment: Communication from Zoning Board of Adjustment re- questing City Council approval to appoint Commissioner Heath Hutchinson as a repre- sentative to the Airport Zoning Board of Adjustment. Upon motion the documents were received, filed and approved. Shelter Plus Continuum of Care Fiscal Year 21011Grant: City Manager recommend- ing authorization for the Mayor to sign documents to close out the Fiscal Year 2011 Shelter Plus Care Grant. Upon motion the documents were received, filed and ap- proved. Iowa DOT InterCity Bus Assistance Program: City Manager recommending approval of the submission of a re-application to the InterCity Bus Assistance Program and au- thorizing resolution. Upon motion the documents were received, filed and approved. Westbrook Subdivision and Westbrook Subdivision No. 2 - Acceptance of Storm- water Detention Facilities: City Manager recommending acceptance of the detention fa- cilities and stormwater detention lots that the developer, Callahan Construction, Inc., has completed and is dedicating in Westbrook Subdivision and Westbrook Subdivision No. 2. Upon motion the documents were received and filed and Resolution No. 296-13 Accepting stormwater detention facilities and a deed to Lots B, C, & D in Westbrook Subdivision and Lots O & P in Westbrook Subdivision No. 2, in the City of Dubuque, Io- wa, was adopted. RESOLUTION NO. 296-13 ACCEPTING STORMWATER DETENTION FACILITIES AND A DEED TO LOTS B, C, & D IN WESTBROOK SUBDIVISION AND LOTS O & P IN WESTBROOK SUBDIVI- SION NO. 2, IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to Resolution Numbers 385-03 and 123-11, certain public im- provements including stormwater detention facilities on Lots B, C, and D of Westbrook Subdivision and Lots O and P of Westbrook Subdivision No. 2 were installed by the de- veloper of Westbrook Subdivision and Westbrook Subdivision No. 2 in the City of Dubu- que, Iowa; and Whereas, the said stormwater detention facilities have been completed and the City Manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in con- formance with City specifications, and has recommended that the improvements be ac- cepted by the City Council; and Whereas, Lots B, C, & D of the Final Plat of Westbrook Subdivision were platted for the purpose of constructing and maintaining storm water detention facilities; and Whereas, Lots O & P of the Final Plat of Westbrook Subdivision No. 2 were dedicat- ed to the public for the construction of storm water detention facilities. 6 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa hereby approves the acceptance of the at- tached Quit Claim Deed to the following legally described property: Lots B, C, and D of Westbrook Subdivision, in the City of Dubuque, Iowa, accord- ing to the recorded plat thereof, subject to and together with easements and re- strictions of record; and Lots O and P of Westbrook Subdivision No. 2, the City of Dubuque, Iowa, ac- cording to the recorded plat thereof, subject to and together with easements and restrictions of record. Section 2. That the City of Dubuque be and is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Re- corder. Section 3. That the recommendation of the City Manager be approved and that said stormwater detention facilities in Westbrook Subdivision and Westbrook Subdivision No. 2 in the City of Dubuque, Iowa, be and the same is hereby accepted. Section 4. That maintenance of said improvements shall be the responsibility of the City and assessable to the property owners as outlined in Resolution Numbers 385-03 and 123-11. Section 5. That the City Clerk be and is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. th Passed, adopted and approved this 7 day of October, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk Dubuque Golf & Country Club Property Tax Appeal: City Attorney recommending ap- proval of a Stipulation of Settlement Agreement for a property tax appeal from the Dubuque Golf & Country Club. Upon motion the documents were received, filed and approved. Iowa Mississippi River Parkway Commission: Chairperson John Goodmann submit- ting the 2012-2013 Annual Report for the Iowa Mississippi River Parkway Commission. Upon motion the documents were received and filed. Iowa Economic Development Authority - Sole Source Procurement: Correspondence from the Iowa Economic Development Authority (IEDA) approving a request by the City of Dubuque to use the sole source method of procurement to select the University of Northern Iowa GeoTree GIS Team for a proposed watershed planning model. Upon mo- tion the documents were received and filed. Iowa Department of Natural Resources - Clean Water State Revolving Fund: Corre- spondence from the Iowa Department of Natural Resources confirming the update to the City of Dubuque's Clean Water State Revolving Fund application and estimated loan request for the Upper Bee Branch Creek Restoration Project. Upon motion the docu- ments were received and filed. 7 Improvement Contracts and Maintenance Bonds: Dubuque Barge & Fleeting (DBA Newt Marine Service) for the Purina Drive Barge Dock Maintenance Project. Upon mo- tion the documents were received, filed and approved. Alcohol Compliance Civil Penalty for Alcohol License Holders – 920 Main Street: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for 920 Main Street. Upon motion the documents were re- ceived, filed and approved. Alcohol Compliance Civil Penalty for Alcohol License Holders – Jumpers Sports Bar & Grill: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Jumpers Sports Bar & Grill, 2600 Dodge Street. Upon motion the documents were received, filed and approved. Alcohol Compliance Civil Penalty for Alcohol License Holders - Gin Rickey's Bar: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Gin Rickey's Bar, 1447 Central Avenue. Upon motion the documents were received, filed and approved. Business License Refund: Request from Geneva Ginter for a refund of the liquor li- cense for West Dubuque Tap in the amount of $422.50. Upon motion the documents were received, filed and approved. Alcohol and Tobacco License Applications: City Manager recommending approval of annual liquor, beer, wine and tobacco licenses applications as submitted. Upon motion the documents were received and filed and Resolution No. 297-13 Approving applica- tions for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordi- nances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits; and Resolution No. 298-13 Approving ap- plications for retail cigarette/tobacco sales permits, as required by Iowa Code 453A.47A were adopted. RESOLUTION NO. 297-13 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: 8 Section 1. The City Clerk is hereby authorized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation. Aldi Inc. #30 2160 Holliday Dr. Class C Beer, Class B Wine (Sunday) Angie's Bar 1401 Elm Class C Liquor (Sunday) Carlos O'Kelly's 1355 Associates Dr. Class C Liquor (Catering) (Sunday) Club Heat 1700 Central Ave. Class C Liquor Denny's Lux Club 3050 Asbury Rd. Class C Liquor (Outdoor) (Sunday) Europa Cafe of Dubuque 4031 Pennsylvania Ave. Special Class C Liquor Fat Tuesday's 1121 University Ave. Class C Liquor (Sunday) Fiesta Cancun 2515-1 NW Arterial Class C Liquor (Outdoor) (Sunday) Friendlylocust mart 408 West Locust St. Class C Beer (Sunday) Grand Tap The 802 Central Class C Liquor (Sunday) Happy Joe's Pizza Parlor 855 Century Dr. Class B Beer (Sunday) Happy's Place 2323 Rockdale Rd. Class C Liquor (Sunday) Hy-Vee Gas #2 Dubuque 2435 NW Arterial Class C Beer (Sunday) Manna Java World Cafe 700 Locust St. Class C Liquor (Sunday) Phillips 66/Arby's 10 South Main Class C Beer (Sunday) Red Robin 2775 NW Arterial Class C Liquor (Outdoor) (Sunday) The Copper Kettle Inc. 2987 Jackson St. Class C Liquor, Class B Native Wine (Catering) (Living) (Outdoor) (Sunday) th Passed, approved and adopted this 7 day of October, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 298-13 APPROVING APPLICATIONS FOR RETAIL CIGARETTE/TOBACCO SALES PER- MITS, AS REQUIRED BY IOWA CODE 453A.47A. Whereas, applications for Cigarette/Tobacco Sales have been submitted and filed with the City Council for approval and the same have been examined and approved; 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 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 locations for cigarette/tobacco sales permit. Wayne’s Convenience Store 1965 Central Ave Dubuque, IA. 52001 th Passed, approved and adopted this 7 day of October, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 9 BOARDS/COMMISSIONS Appointments to the following commissions were made at this meeting: Airport Commission: Two, 4-year terms through September 14, 2017 (Expiring terms of Brotherton and Santillo). Applicants: R.J. Blocker, 880 Kane St.; Douglas Brotherton, 2823 Hickory Hill; Chris Even, 120 S. Grandview; Dan Nicholson, 889 Walker St.; G. Scott Yaunches, 2670 Marywood Dr. Upon roll-call vote, Doug Brotherton (Buol, Jones, Lynch, Resnick, Sutton, Braig) and Chris Even (Buol, Connors, Jones, Sutton, Braig) were appointed to 4-year terms through September 14, 2017. Environmental Stewardship Advisory Commission: Three, 3-year terms through Oc- tober 1, 2016 (Expiring terms of Buelow, Oberdoerster, and Sinha). Applicants: Michael Buelow, 2131 Graham Cr.; Chad Oberdoerster, 420 Summit St.; Aditi Sinha, 900 S. Grandview Ave. Motion by Braig to appoint Michael Buelow, Chad Oberdoerster and Aditi Sinha to 3-year terms through October 1, 2016. Seconded by Lynch. Motion car- ried 7-0. Environmental Stewardship Advisory Commission Youth Appointment: One, 3-year Youth term through June 1, 2016 (Vacant term of Miller). Applicant: Kyle Leytem. 1235 Valentine Dr. Motion by Braig to appoint Kyle Leytem to a 3-year youth term through June 1, 2016. Seconded by Jones. Motion carried 7-0. ACTION ITEMS Citizen Correspondence - Pedestrian Crossing at NW Arterial and Pennsylvania Av- enue: Correspondence from Deborah Borley, 1809 Glenwood Court requesting to ad- dress the City Council regarding a pedestrian crossing at the intersection of NW Arterial. Motion by Connors to receive and file the documents and refer to the City Manager. Se- conded by Jones. Ms. Borley addressed the City Council about her concerns over pe- destrian safety and potential solutions at the intersection. City Manager Van Milligen provided background information related to upgrades made at the intersection and po- tential future upgrades. Motion carried 7-0. Five Flags Management Agreement Extension with SMG: City Manager recommend- ing approval of the Third Amendment to the Management Agreement with SMG for management of the Five Flags Center for the period July 1, 2014 to June 30, 2019 and the use of capital investment funds. Motion by Braig to receive and file the documents and adopt Resolution No. 299-13 Approving the Third Amendment to the Management Agreement between the City of Dubuque, Iowa, and SMG. Seconded by Jones. Leisure Services Manager Marie Ware addressed questions from the City Council regarding clarifying language in the agreement. Motion carried 7-0. RESOLUTION NO. 299-13 APPROVING THE THIRD AMENDMENT TO THE MANAGEMENT AGREEMENT BE- TWEEN THE CITY OF DUBUQUE, IOWA AND SMG Whereas, the City of Dubuque (City) and SMG entered into a Management Agree- ment dated for reference purposes June 21, 2004, with a five-year term expiring on 10 June 30, 2009; and Whereas, pursuant to the Second Amendment to the Agreement, the term of the Agreement was extended from July 1, 2009 through June 30, 2014; and Whereas, the parties now desire to amend the Agreement by establishing the Fixed Fee to be paid by City to SMG and by extending the term of the Agreement from July 1, 2014 through June 30, 2019, with an option on the part of SMG to renew the Agreement for an additional five-year term; and Whereas, the City Council of the City of Dubuque finds that the Third Amendment to the Agreement is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The Third Amendment to the Management Agreement attached hereto is hereby approved. Section 2. The Mayor is hereby authorized and directed to sign the Third Amendment on behalf of the City of Dubuque. th Passed, approved and adopted this 7 day of October, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk School Resource Officer (SRO) Agreement: City Manager recommending approval of the School Resource Office (SRO) agreement with the Dubuque Community School District for school year 2013-2014. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Connors. Motion carried 7-0. Nightrider/College Partnership ICAAP Funding Grant Application: City Manager rec- ommending approval of a Clean Air Attainment Program Grant to continue the Nightrid- er/College Partnership project for a third year. Motion by Jones to receive and file the documents and adopt Resolution No. 300-13 Endorsing the submission of an Iowa Clean air Attainment Program (ICAAP) Grant Application to the Iowa Department of Transportation to fund the Nightrider Route. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 300-13 ENDORSING THE SUBMISSION OF AN IOWA CLEAN AIR ATTAINMENT PRO- GRAM (ICAAP) GRANT APPLICATION TO THE IOWA DEPARTMENT OF TRANS- PORTATION TO FUND THE NIGHTRIDER ROUTE Whereas, the Iowa Clean Air Attainment Program (ICAAP) provides funding for re- ducing congestion, reducing travel or single-occupant vehicle usage, and improving air quality; and Whereas, the ICAAP program is an 80/20 match, 80% federal funds, 20% local match funds; and Whereas, the City Council finds that the Nightrider route and associated college part- nership would promote clean air standards in Dubuque and provide a new form of public transit service for the citizens of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA: Section 1. That the City Council of the City of Dubuque, Iowa hereby endorses the at- 11 tached application to the Iowa Clean Air Attainment Program with match provided by the local colleges and universities. Section 2. The City also agrees to be responsible for adequately maintaining and op- erating the routes through maintenance level budgeting. Section 3. That the City Manager is authorized to sign, on behalf of the City Council, the application for the ICAAP. th Passed, approved and adopted this 7 day of October, 2013. Roy D Buol, Mayor Attest: Kevin S Firnstahl, City Clerk COUNCIL MEMBER REPORTS Mayor Buol thanked the staff and representatives who were involved with the plan- ning of the Growing Sustainable Communities Conference and the Iowa League of Cit- ies Conference held in Dubuque on September 24-27. PUBLIC INPUT Jacob Long, 4604 Cardinal Drive, addressed the City Council regarding his concerns about road safety and alternative traffic control solutions that were part of past automat- ed traffic control discussions. Doug Brehm, 896 Berkley Street, addressed the City Council regarding his concerns about health insurance issues related to part-time city bus drivers. CLOSED SESSION Motion by Jones to convene in closed session regarding pending litigation and prop- erty acquisition pursuant to Chapter 21.5(1)(c)(j) Code of Iowa and Collective Bargain- ing Strategy pursuant to Chapter 20.17(3) Code of Iowa. Seconded by Resnick. Motion carried 7-0. Upon motion, the City Council reconvened in open session at 8:19 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 8:20 p.m. /s/Kevin S. Firnstahl, CMC City Clerk 12