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3 4 13 Clerk's Skeleton Notes and Meeting CallsCITY OF DUBUQUE, IOWA PUBLIC NOTICE OF MEETING RECEIVED 13 FEB 29 AM 8: 21 Government Body: City Council Date: March 4, 2013 Time: 5:30 PM — Work Session 6:30 PM — Regular Session Place of Meeting: Historic Federal Building, 350 W. 6th Street City Clerk's Office Dubuque, IA NOTICE IS HEREBY GIVEN that the above identified governmental body will meet at the time, date and place as set forth above. The TENTATIVE AGENDA for the meeting is as follows: 5:30 PM: Work Session Every Child / Every Promise 6:30 PM: Please See Attached Agenda This notice is given pursuant to Chapter 21, Code of Iowa, and applicable local regulations of the City of Dubuque, Iowa and /or governmental body holding the meeting. /s /Kevin S. Firnstahl, City Clerk Any visual or hearing impaired persons needing special assistance or persons with special accessibility needs should contact the city clerk's office at (563) 589 -4120 or TTY (563) 690 -6678 at least 48 hours prior to the meeting. TO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a Regular Session of the City Council to be held on Monday, March 4, 2013, at 6:30 PM in the Historic Federal Building for the purpose of conducting such business that may properly come before the City ,Council. Kevin Y Lync Mayor ro Tem Consent Items: Pages 1 -4 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on March 4, 2013 in the Historic Federal Building, 350 W. 6th Street. resent: Mayor Pro Tern Lynch; Council Members Bfaig, Co ors, Jofies, Resnick, utton; City Manager Van Milligen, City Attorney Lindahl Absent: Mayor Buol 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. PROCLAMATION(S) 1. Mason's Child Identification Day (March 9, 2013) 4%r 2. IPOST Month (March 2013) r 4/4 //OW A/S,A bi4 A 2 Yays 1441 Nays v7 V- Connors Jones Lynch V Resnick Sutton Briag CONSENT ITEMS 1. Minutes and Reports Submitted City Council Proceedings of 2/18, 2/21, 2/25, 2/26, and 2/27; Civil Service Commission of 2/13; Historic Preservation Commission of 2/20, Human Rights Commission of 1/14, Long Range Planning Advisory Commission of 2/20; Proof of Publication for City Council Proceedings of 2/4 and 2/5; Proof of Publication for List of Claims and Summary of Revenues for Month Ending 1/31/13 Suggested Disposition: Receive and File 2. Notice of Claims and Suits Bobbie Bisdorf -Jost for vehicle 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: Bobbie Bisdorf- Jost for vehicle damage. Suggested Disposition: Receive and File; Concur 4. Sustainable Dubuque Project Status Update City Manager transmitting the Sustainable Dubuque Project Status Update for January 2013. Suggested Disposition: Receive and File 3 5. 5 Points Traffic Reconstruction - Project Acceptance City Manager recommending acceptance of the construction contract for the 5 Points Traffic Signal Reconstruction Project, as completed by Portzen Construction. RESOLUTION Accepting the 5 Points Traffic Signal Reconstruction Project and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 6. Manson Road Emergency Watermain and Bridge Repair - Project Acceptance City Manager recommending acceptance of the construction contract for the Manson Road Bridge and Watermain Emergency Repair Project, as completed by Taylor Construction. RESOLUTION Accepting the Manson Road Bridge and Water Main Emergency Repair Project and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 7. US 151/61 Capacity Improvements - Project Acceptance City Manager recommending acceptance of the construction contract for the US 151 -61 Capacity Improvements Project, as completed by Tschiggfrie Excavating. RESOLUTION Accepting the US 151 -61 Capacity Improvements Project, Iowa DOT Project N . STP -A- 061 - 8(128)22 -31 and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Buol Connors Jones Lynch Resnick Sutton Briag 4 8. Washington Street Parking Lot - Project Acceptance City Manager recommending acceptance of the construction contract for the Washington Street Parking Lot Project, as completed by McDermott Excavating, Inc., RESOLUTION ! C.) Accepting the Washington Street Parking Lot Project and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 9. Tschiggfrie Excavating Company Claim Correspondence from O'Connor & Thomas Law Firm on behalf of Tschiggfrie Excavating Company objecting to release of retained funds for materials and labor related to the Water & Pollution Control Plant Modifications Project. Suggested Disposition: Receive and File; Refer to City Manager 10. The Jule - Consolidated Funding Authorizing Resolution City Manager recommending approval and signature on the Authorizing Resolution for The Jule's FY 2014 Consolidated Funding. Suggested Disposition: Receive and File; Approve 11. Collective Bargaining Agreement Amendment - Teamsters Local No. 120 City Manager recommending approval of an amendment to the Collective Bargaining Agreement with the Teamsters Union to provide for a work week that consists of ten hours per day and four days per week effective April 22, 2013 through September 27, 2013 for the Maintenanceworker, Airfield Maintenanceworkers and Mechanic assigned to the Airport. Suggested Disposition: Receive and File; Approve 12. Request for Proposals - Catfish Creek Watershed Management Plan City Manager recommending approval of the Request for Proposals (RFP) for consulting services to prepare the Catfish Creek Watershed Management Plan. Suggested Disposition: Receive and File; Approve Yays Nays Buol Connors Jones Lynch Resnick Sutton Briag 13. Purchase of Property - 735 Caledona Place City Manager requesting authorization to sign the Offer to Buy Real Estate and Acceptance Agreement for 735 Caledonia Place. Suggested Disposition: Receive and File; Approve 14. Consent Decree Semi - Annual Report City Manager recommending approval to certify the March 31st Semi Annual Consent Decree Report to be submitted to the U.S. Department of Justice, U.S. EPA and the Iowa Department of Natural Resources. Suggested Disposition: Receive and File; Approve 15. Certified Local Government (CLG) - 2012 Annual Report City Manager transmitting the 2012 Certified Local Government (CLG) Annual Report. Suggested Disposition: Receive and File 16. Civil Service Commission Civil Service Commission submitting the certified lists for the positions of Purchasing Coordinator and Traffic Engineer. Suggested Disposition: Receive and File; Make Matter of Record 17. Actuarial Valuation of Post - Employment Benefit Plans City Manager recommending that the SilverStone Group be selected to conduct the GASB -45 actuarial valuation for 2013. Suggested Disposition: Receive and File; Approve Yays Nays Buol Connors Jones Lynch Resnick Sutton Briag 6 18. IDOT Local Road Detour Agreement - 30 -Inch Force Main Project City Manager recommending authorization for the Mayor to execute an agreement with the Iowa Department of Transportation for the use of local roads as an authorized detour route for the Phase I - 30 -inch Force Main Relocation Project form 7th to 12th Streets. RESOLUTION r Approving the Iowa Department of Transportation Agreement For Us Of local agency roads as detours for Phase I - 30 Inch Force Main Relocation Project from 7th To 12th Streets Suggested Disposition: Receive and File; Adopt Resolution(s) 19. Healthy Homes and Lead -Based Hazard Control - Quarterly Progress Reports Correspondence from the U.S. Department of Housing and Urban Development (HUD) informing the City that its Healthy Homes Demonstration Work Plan has achieved an overall performance rating of 100 out of 100 and has received a Green Designation and that the Lead -Based Hazard Control Grant Work Plan has achieved an overall performance rating of 100 out of 100. Suggested Disposition: Receive and File 20. Sisters of St. Francis Correspondence from the Sister of St. Francis thanking the City of Dubuque for its support of Mayors for Peace and nuclear weapons abolition by 2020. Suggested Disposition: Receive and File 21. Alcohol Compliance Civil Penalty for Alcohol License Holders - Clark Gas Station City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Clark Gas Station, 700 Rhomberg Avenue. Suggested Disposition: Receive and File; Approve Yays Nays Buol Connors Jones Lynch Resnick Sutton Briag 7 22. Tobacco Compliance - Civil Penalty for Tobacco License Holders - Clark Petroleum City Manager recommending approval of the Acknowledgement /Settlement Agreement for a tobacco compliance violation for Clark Petroleum, 700 Rhomberg Avenue. Suggested Disposition: Receive and File; Approve 23. Alcohol Compliance Civil Penalty for Alcohol License Holders - Dubuque Quick Stop Mart City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Dubuque Quick Stop Mart, 1401 Central Avenue. Suggested Disposition: Receive and File; Approve 24. Tobacco Compliance - Civil Penalty for Tobacco License Holders - Dubuque Quick Stop Mart City Manager recommending approval of the Acknowledgement /Settlement Agreement for a tobacco compliance violation for Dubuque Quick Stop Mart, 1401 Central Avenue. Suggested Disposition: Receive and File; Approve 25. Alcohol Compliance Civil Penalty for Alcohol License Holders - Eagles Club City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for the Eagles Club, 1175 Century Drive. Suggested Disposition: Receive and File; Approve Yays Nays Buol Connors Jones Lynch Resnick Sutton Briag 8 26. Alcohol and Tobacco License Applications City Manager recommending approval of annual liquor, beer, wine and tobacco 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 RESOLUTION Approving applications for retail cigarette /tobacco sales permits, as require by Iowa Code 453A.47A. Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Buol Connors Jones Lynch Resnick Sutton Briag 9 ITEMS TO BE SET FOR PUBLIC HEARING Yays Nays V- Connors 1/ Jones V Lynch Resnick Sutton V Briag 1. Petition to Vacate - Portion of University Avenue Extension City Manager recommending that a public hearing be set for March 18, 2013 to consider a request from Douglas Dolter, Dubuque Mattress, Inc., to vacate a portion of University Avenue Extension adjacent to Iowa Auto Glass at 2796 University Avenue. RESOLUTION Resolution of Intent to vacate and dispose of City interest in Lot 2A University Avenue Extension Place in the City of Dubuque, Iowa RESOLUTION Approving a Plat of the proposed vacating of a portion of University Avenue Extension Right -of -Way Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 3/18/13 2. Petition to Vacate - Sanitary Sewer Easement at University Extension Place City Manager recommending that a public hearing be set for March 18, 2013 to consider a request by Douglas Dolter of Dubuque Mattress, Inc. to consider the vacation of a sanitary sewer easement in Lot 2 University Extension Place. RESOLUTION d'P' Resolution of Intent to dispose of city interest and vacate a Sanitary Sewer Easement over Lot 2 University Extension Place in the City of Dubuque, Dubuque County, Iowa RESOLUTION Dis os ng of Ci. Interest in a Sanitary Sewer Easement in Lot 2 University(Exf nsion Place in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 3/18/13 3. SEP Green Alley Permeable Pavers Project - Loras Boulevard and Arlington Streets from Prairie Street to Dell Street City Manager recommending initiation of the public bidding procedure for the SEP Green Alley Permeable Pavers Project between Loras Boulevard and Arlington Streets from Prairie Street to Dell Street, and further recommends that a public hearing be set for March 18, 2013. 10 RESOLUTION r Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids SEP Green Alley Permeable Paver Project (Between Loras Boulevard and Arlington Streets from Prairie Street to Dell Street.) Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 3/18/13 4. 30 -Inch Force Main Project Phase I (7th - 12th Streets) City Manager recommending initiation of the bidding process for Phase I of the 30 -Inch Force Main Relocation Project from 7th Street to 12th Street, and the water main on Elm Street from 9th to 11th, and further recommends that a public hearing be set for March 18, 2013. RESOLUTION Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids (Phase I of the 30 Inch Force Main Relocation Project From 7th Street to 12th Street) Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 3/18/13 5. Wilmac Property Company - Linseed Oil Paintworks Building City Manager recommending that a public hearing be set a for March 18, 2013 to consider entering into a Development Agreement for the property located at 151 East 9th Street (Corner of 9th and Jackson). RESOLUTION °" Fixing the date for a public hearing of the City Council of the City of Dubuque, owa on the proposed issuance of Urban Renewal Tax Increment Revenue Obligations and the execution of a Development Agreement relating thereto with Wilmac Property Company, and providing for the publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 3/18/13 11 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. (No new applications have been submitted at this time.) Appointments to be made at this meeting: 1. Mechanical Code Board Two 3 -Year terms through March 16, 2016 (Expiring terms of Billmeyer and Papin) Applicants: Ronald Billmeyer, 2375 Theda Dr. Paul Papin, 2955 Jackson St. Yays i� Connors Nays Jones Lynch Resnick Sutton Briag 12 PUBLIC HEARINGS SUSPEND THE RULES Yays Nays WO t'/ Connors ' Jones E/ Lynch �� Resnick Sutton Y Briag Yays Nays 7/ Connors Jones Lynch Resnick Sutton Briag 1. Petition to Vacate - Portion of Old Highway Road Proof of publication on notice of public hearing to consider disposal of a portion of Old Highway Road at the intersection of Radford Road for the National Guard Readiness Center and the City Manager recommending approval. RESOLUTION 71) Disposing Of City Interest In Lot 2 -1 -A Of The SE 1/4 - SW % Section 29, T89N, R2E, 5th P.M. in the City of Dubuque, Dubuque County, Iowa RESOLUTION V Vacating a portion of Old Highway Road near Radford Road in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) REINSTATE THE RULES Yays Nays t'/ Connors Jones 1/ Lynch V Resnick Sutton 4. Briag 13 ACTION ITEMS 1. Greater Dubuque Development Corporation - Quarterly Update President and CEO Rick Dickinson to present the quarterly update on the activities of the Greater Dubuque Development Corporation. Suggested Disposition: Receive and File Yays Nays V Connors Jones Lynch Resnick Sutton Briag ,P74 ‘411 e//1 *4,7,7 A-if /3113 '//V JM/14* mki/e925 /%r ,ofr(-4c' ,-41-0%) 10,17 j-dp0 Ziwg/7/7 t/-7e //449 loale 1////p-iee///9441 14 Park & Recreation Commission - Pets in Parks Recommendation Park & Recreation Commission submitting its recommendations regarding pets in city parks and on trails. ORDINANCE Amending City of Dubuque Code of Ordinances Title 10 Public Ways and perty, Chapter 5 Parks and Recreation By Adding Definitions Relating to Animals; Restricting Horsedrawn Vehicles; Permitting Dogs, Cats, and Domesticated Animals in Certain Parks, Open Spaces, and Trails Subject to Conditions; Establishing Leash and Waste Clean -Up Requirements; Prohibiting Animals Running At -Large Within Parks, Open Spaces, or Trails; Permitting the Exercising of Dogs off Leash in Certain Areas; and Revising Park, Open Spaces and Trail Descriptions Suggested Disposition: Receive and File; Motion B; Motion A Spend the Readings Yays Nays Via Connors j/ / Jones L Lynch Resnick Sutton rt,.70.._ Braig Final Reading and Adopt Yays Nays Wil Connors Jones Lynch Resnick Sutton Braig omf/.;-11 kwz)rolz/le /14f, '-.7/"Ize*di? lrig4(/*//5- ? 1 5 -41,//)2/ 9V-Me/V/*Zi 3. Code of Ordinances - Pawn /Secondhand Dealers & Junk/Salvage Operators Amendment City Manager recommending adoption of the revised ordinance regarding Pawn /Secondhand Dealers and Junk/Salvage Operators. Police Chief Mark Dalsing and Assistant City Attorney Crenna Brumwell to provide a brief presentation. ORDINANCE ° Amending City of Dubuque Code of Ordinances Title 4 Business and License Regulations by repealing Chapter 6 Junk and Secondhand Dealers and adopting a new Chapter 6 Pawnbrokers and Secondhand Dealers; Junk and Autosalvage Dealers in lieu thereof Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays r/�l (�f Connors Jones Lynch /a Resnick Sutton Braig Final Reading and Adopt Yays Nays Connors Jones Lynch Resnick Sutton Braig /I7lr�i 6ua oaf �, �i tarsi 4 /rr�'yo x, �9I srtirr�aG�rs,3 .6/(3 r4,71/ arifdA7*-40e, /90,7 - 805 '',e/-% serifv,¢',bijf 16 4. Parking Lot Request -156 Main Street City Manager recommending approval of a request from Platinum Supplemental Insurance, Inc. to construct a new surface off - street parking lot at 156 Main Street in the Old Main Historic District. Suggested Disposition: Receive and File; Approve Yays Nays Connors Jones Lynch Resnick Sutton Briag v /�i r�f99,nvmaiirs�7i/d�r1 D/n.5- 17 5. Code of Ordinances - Electric Transmission Line Company Licensing City Manager recommending approval of an Electric Transmission Line Company Licensing Ordinance. ORDINANCE / 7/3 Establishing the procedure for licensing electric transmission line companies Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays Connors Jones Lynch Resnick Sutton Braig Final Reading and Adopt Yays Nays WI Connors / Jones Lynch Resnick Sutton Braig 18 ra 6. Code or Ordinances - Solicitor's License City Manager recommending adoption of a new Title 4, Chapter 5, Solicitor's License, that combines the existing Title 4, Chapter 5, Door to Door Sales and Title 4, Chapter 9, Peddlers and Transient Merchants. ORDINANCE /C Amending City of Dubuque Code of Ordinances Title 4 Business and License Regulations by repealing Chapter 5 Door to Door Sales and Chapter 9 Peddlers and Transient Merchants and adopting a new Chapter 5 Solicitor's License in lieu thereof Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays Connors ✓ Jones ✓, Lynch 1/ Resnick Sutton Braig Final Reading and Adopt Yays dc' r Nays Connors Jones Lynch Resnick Sutton Braig 5~i" lifr74A7s 402 - MP /x/i/Zi ‘,/) 9:A/ 62k‘_5 19 I. COUNCIL MEMBER REPORTS J. PUBLIC INPUT 91 VSO K. ADJOURNMENT 1,ye,m gib.6 iii,VA,/1///164ry VO / /401A9 /*iie& .0//r2/4 �va�ri��r"'� 2Agi/s. 0,1/1 I1O 076 5/-4e,fs� otthk 9� G� /a orry Gu,ri 16ri27 d-4,1416t4 idoidtex __///,‘,014A)/7,"/Z7e4,/,;,/' / N/i5,k�'s b*-07/%// e' - adothiz, ~75 t4 41 irip7v.7,/,,z_, "D/ �_- Wd,�e' 11P/ AZZ' -/t71 ~.1 ,,J)f TO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a Special Session of the City Council to be held on Monday, March 4, 2013, at 5:30 PM in the Historic Federal Building for the purpose of conducting a work session on Every Child / Every Promise. Kevin J Lynch ayor Pro Tem Consent Items: Pages n/a CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:30 p.m on March 4, 2013 in the Historic Federal Building, 350 W. tn Street. resent: Mayor Pro Tem L ch; Council Members Brig, Con{irs, J es, Remick, IA:utton; City Manag an Milligen, City Attorney Lindahh Absent: Mayor Buol Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on the Every Child / Every Promise. WORK SESSION Every Child / Every Promise Eric Dregne, Vice President of Programs for the Community Foundation of Greater Dubuque, provided a presentation on the activities of Every Child / Every Promise. Adjournment Yays Nays 2172/ Connors Jones Lynch Resnick Sutton Briag cfri? 7*,