4 1 13 City Council AgendaROLL CALL ORDER FOR MEETING OF 4/12013
Connors, Jones, Lynch, Resnick, Sutton, Braig, Buol
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
Historic Federal Building
April 1, 2013
Council meetings are video streamed live and archived at
www.c 'Wont ubuque.o faint edia and on Dubuque's CityChannel on the
Mediacom cable system at Channel 8 (analog) and 97.2 (digital).
REGULAR SESSION
6:30 PM
SPECIAL SESSION
CLOSED SESSION
5:30 PM: Pending Litigation - Chapter 21.5(1)(c) Code oflowa
PLEDGE OF ALLEGIANCE
MOMENT OF SILENCE
May the spirit of wisdom keep our hearts and minds open aswe endeavor to serve the common good.
PROCLAMATION(S)
1. Week of the Young Child (April 14 -20, 2013)
Week of the Young Child Prodamation
CONSENT ITEMS
The consent agenda items are considered to be routine and non - controversial and all consent itemswill be normally voted upon in a single
motion without any separate discussion on a particular item. If youwould liketo discuss one of the Consent Items, please go to the microphone
and be recognized by the Mayor and state the itemyou would like removedfromthe Consent Agenda for separate discussion and
consideration.
1. Minutes and Reports Submitted
City Council proceedings of 3118, Civil Service Commission of 3120, Community Development Advisory Commission of 3/20, Housing
Commission of 1214112 , Human Rights Commission of 2111, Proof of Publication for City Council proceedings of 3/4
Suggested Disposition: Receive and File
Cdv Cnynnii Prnreedinas 3/18 Civil Carving Mingles 312Q Qucsinutraza Housina Minutes1214112 Human Rights Minutes 9/11 Prggf-
C tv Cm incil Prnceedinas 3 /A,
2. Notice of Claims and Suits
Angela Darnell for personal injury; Jessica Fitzgibbons for properly damage; Robert Peil, Sr. for personal injury
Suggested Disposition: Receive and File; Refer to City Attorney
Darnell Claim Fitzgibbons Claim Peil Claim
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
CommunitiesAssurance Pool Angela Darnell for personal injury, Jessica Fitgibbonsfor property damage, Robert Sarazin for property
damage, Donna Schmitt for vehicle damage
Suggested Disposition: Receive and File; Concur
ICAP Claims,
4. Cirdes® Program - Training Center Think Tank, Inc Contract
City Manager recommending approval of a contract with the Circles ®Training Center Think Tank, Inc. for consulting servicesfor the
Circles® Initiative for the July 2013 -June 2014 contract.
Suggested Disposition: Receive and File; Approve
Circles Program Contract with Training Center Think Tank, Inc. -MVM Memo, Staff Memo, Contract,
5. Loras College - Department of Justice Violence Against Women Grant
City Manager recommending approval of the Memorandum of Understanding with Loras College for a grant through the Department of
Justice Office of Violence Against Women.
Suggested Disposition: Receive and File; Approve
Loras College Memorandum of Understanding -MVM Memo Staff Memo Loras MOU
6. University of Dubuque - Department of Justice Violence Against Women Grant
City Manager recommending approval of the Memorandum of Understanding with the University of Dubuque for a grant through the
Department of Justice Office of Violence Against Women.
Suggested Disposition: Receive and File; Approve
University of Dubuque Memorandum of Understanding -MVM Memo Staff Memo University MOU,
7. Helping Services for Northeast Iowa, Inc.
City Manager recommending approval of an agreement with Helping Services of Northeast Iowa to provide up to four officers on an
overtime basis to conduct patrols specifically aimed at underage parties.
Suggested Disposition: Receive and File; Approve
Homing Services Grant -MVM Memo, Staff Memo , Subcontract Agreement,
8. SEP Green Alley Permeable Pavers Project (Loras Blvd and Arlington Street from Prairie to Dell Streets) - Award of Contract
City Manager recommending award of the contract for the SEP Green Alley Permeable Pavers Project between Loras Boulevard and
Arlington Streets from Prairie Street to Dell Street to the low bidder, Portzen Construction, Inc.
RESOLUTION Awarding public improvement contract for the SEP Green alley Permeable Pavers Project between Loras Boulevard
and Arlington Streets from Prairie Street to Dell Street
Suggested Disposition: Receive and File; Adopt Resolution(s)
SEP Green Alley Permeable Pavers Proiect -MVM Memo Staff Memo, Resolution, Bid Tab, SEP Green Alley Vicinity Map,
9. Workers' Compensation Settlement Agreement
Attorney Les Reddick, representing the City of Dubuque, is recommending approval of an Agreement for Settlement regarding a
Workers' Compensation claim that was filed against the City of Dubuque by Transit Employee Wayne Strohmeyer.
Suggested Disposition: Receive and File; Approve
Staff Memo Reddick Letter Compromise Settlement Agreement,
10. 2013 Art on the River Exhibition - Artwork Selection
Arts and Cultural Affairs Advisory Commission requesting concurrence with the selection of artwork for the 2013 Art on the River
Competition.
Suggested Disposition: Receive and File; Concur
Art on the River Cover Memo, 2013 Art on the River Jury Selections Finalists
11. Comm unity Development Advisory Com mission
Commissioner Adam Rathje submitting his resignation from the Community Development Advisory Commission.
Suggested Disposition: Receive and File; Accept Resignation
Rathie Resignation Letter,
12. Civil Service Commission
Civil Service Commission submitting the certified list for the position of Golf Course Technician.
Suggested Disposition: Receive and File; Make Matter of Record
Golf Course Technician List
13. Shelter Plus Care Five -Year Grant Closeout
City Manager recommending authorization for the Mayor to execute documents to close out the Fiscal Year 2007 Shelter Plus Care
Five -Year Grant.
Suggested Disposition: Receive and File; Approve
Shelter Plus Care FY2007 Five Year Grant Closeout -MVM Memo, Staff Memo, Closeout Documentation,
14. Swift Water Adventure Tours - Docking Agreement
City Manager recommending approval of a docking agreement with Swift Water Adventure Tours to embark and disembark
passengers at the Port of Dubuque Marina.
Suggested Disposition: Receive and File; Approve
Swift Water Adventure Tours Docking Agreement -MVM Memo Staff Memo Docking Agreement Swift Water Adventure Tours Example of
Tour Boat,
15. McGraw -Hill Companies - Second Amendment to Development Agreement
City Manager recommending approval of the Second Amendment to Development Agreement to change the name of McGraw -Hill
Education, LLC to McGraw -Hill Global Education, LLC.
RESOLUTION Approving Second Amendment of the Development Agreement between the City of Dubuque, Iowa and McGraw -Hill
companies, Inc.
Suggested Disposition: Receive and File; Adopt Resolution(s)
McGraw -Hill Second Amendment -MVM Memo, Staff Memo, Resolution Second Amendment to DA Certificate Of Amendment,
16. Signed Contracts
Teska Associates, Inc. for Washington Neighborhood Market Analysis
Suggested Disposition: Receive and File
Teska Contract,
17. Alcohol License Renewals
City Manager recommending approval of annual liquor, beer, and wine licenses as submitted.
RESOLUTION Approving applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4
Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits
Suggested Disposition: Receive and File; Adopt Resolution(s)
Liquor License Renewals -MVM Memo, Police Memo, Liquor Resolution,
ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date indicated.
1. Safe Routes To School - Dubuque School Safety Improvements Project
City Manager recommending initiation of the public bidding procedure for the Safe Routes to School Program - Dubuque School Safety
Improvements Project, and further recommends that a public hearing be set for April 15, 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 (Safe Routes to School Program -
Dubuque School Safety Improvements Project#SRTS- U- 2100(663)8U -31)
Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 4115/13
Safe Routes to School -MVM Memo, Safe Route to School - Council Memo, Safe Routes to School - Resolution, Safe Routes to School Notice
to Bidders
2. Bunker Hill Pump Station Improvement Project
City Manager recommending initiation of the bidding process for the Bunker Hill Pump Station Improvement Project, and further
recommends that a public hearing be set for April 15, 2013.
RESOLUTION Preliminary approval of the specifications, form of contract, and estimated cost; setting date of public hearing on the
specifications, form of contract, and estimated cost; and ordering the advertisement for bids (Bunker Hill Pump Station Improvement
Project)
Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 4/15/13
Bunker Hill Pump Station Improvement Prolect -MVM Memo, Staff Memo, Resolution, Notice to Bidders, Notice of Public Hearing,
BOARDS /COMMISSIONS
Appointment to the following commission to be made at this meeting:
Civil Service Commission (Mayoral appointment)
1 three -year term through April 6, 2016 (Expiring term of White)
Applicant: Daniel White, 2919 Elm Street
This commission is subject to the State of Iowa Gender Balance Law
Proof of publication on 30 -day notice of list of applicants
Boards Overview Sheet, Boards Latest Listings, Civil Service Application, Proof of Publication Gender Balance Law, Gender Balance Q & A
Sheet,
PUBLIC HEARINGS
Citizens are invited to address the City Council regarding the following agenda items. Please come to the podium and
state your name and address when the item you wish to speak to is being considered.
SUSPEND THE RULES
1. Weaver Castle, LLC - Development Agreement for 324 -326 W. Locust Street
Proof of publication on notice of public hearing to approve a Development Agreement with Weaver Castle, LLC to redevelop property
located at 324 -326 W. Locust Street into four apartments and the City Manager recommending approval.
RESOLUTION Approving issuance of Urban Renewal Tax Increment Revenue Obligations and the execution of Development
Agreement relating thereto with Weaver Castle, LLC
Suggested Disposition: Receive and File; Adopt Resolution(s)
Weaver Castle Development Agreement -MVM Memo, Staff Memo, Resolution, Development Agreement, Proof of Publication,
2. Request to Vacate University Avenue Extension - MRJD Properties
Proof of publication on notice of public hearing to consider a request by MRJD Properties to vacate a portion of University Avenue
Extension adjacent to Iowa Auto Glass at 2796 University Avenue and the City Manager recommending approval.
RESOLUTION Disposing of City Interest Lot 2A University Extension Place in the City of Dubuque, Iowa
RESOLUTION Vacating a portion of University Avenue Extension in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
University Avenue Extension Vacating Petition -MVM Memo, Staff Memo, Resolution - Disposing of City Interest, Resolution - Vacating, Plat of
Survey Vicinity Map Vacating University Ave Extension - 3 -18-13 Council Docs Proof of Publication
REINSTATE THE RULES
This action limits discussion to the City Council.
ACTION ITEMS
These are items where discussion is held by the City Council - public comments are not allowed except as authorized by
the Mayor.
1. Sewer Revenue Capital Loan Notes - Series 2013 State Revolving Fund Loan
City Manager recommending approval of the suggested proceedings to complete action required on the $3,048,000 Sewer Revenue
Capital Loan Notes from the State of Iowa Revolving Fund Loan Iowa Water Pollution Control Works Financing Program.
RESOLUTION Approving and authorizing a form of loan and disbursement agreement by and between the City of Dubuque, Iowa and
the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of $3,048,000 Sewer Revenue
Capital Loan Notes, Series 2013, of the City of Dubuque, Iowa, under the provisions of the City Code of Iowa, and providing for a
method of payment of said notes
Suggested Disposition: Receive and File; Adopt Resolution(s)
Sewer Revenue Capital Loan Notes $3,048,000 -MVM Memo, Staff Memo , March 22, 2013 Letter from Ahlers & Cooney. P.C., Authorizing
Resolution
2. Revised Purchase of Services Grant Recommendations for Fiscal Year 2014
Community Development Advisory Commission submitting revised funding recommendations for the Fiscal Year 2014 Purchase of
Service Grant applications.
Suggested Disposition: Receive and File; Approve
CDAC Revised Final POSG Recommendation
3. Smarter Sustainable Dubuque - Proposed Health and Wellness Pilot and Joint Development Agreement
City Manager recommending approval of a Joint Development Agreement and associated Intelligent Operations Center Licensing and
Hosting Agreement for the Health and Wellness Pilot with IBM.
Suggested Disposition: Receive and File; Approve
Smarter Sustainable Dubuque- Proposed Health and Wellness Pilot -MVM Memo JDC / IOC Staff Memo Smarter Sustainable Dubuque JDA
W1259985, Element Blue Hosting and Licensing Statement of Work,
4. Sustainable Dubuque Community Grants
City Manager recommending approval of the Sustainable Dubuque Community Grant Program.
Suggested Disposition: Receive and File; Approve
Sustainable Dubuque Community Grant Application -MVM Memo, Staff Memo, Grant Application, Sample Application,
5. Code of Ordinances - Motor Truck Route Violations
City Manager recommending approval of a change to City of Dubuque Code of Ordinances 9 -16- 321.901, which deals with Motor
Truck Route violations within the City of Dubuque.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 16 Miscellaneous City
Provisions, Division 2 Trucks and /or Machinery, Sections 9 -16- 321.901 Motor Truck Routes and 9 -16- 321.902 Motor Truck Routes
Prohibited on Designated Streets by Combining Both Sections to Correct a Discrepancy Regarding the Applicable Fine and Clarify that
all Truck Route Violations are Scheduled Violations
Suggested Disposition: Receive and File; Motion B; Motion A
Truck Route Ordinance Change -MVM Memo, Staff Memo , Ordinance Effect of Amendment, Suggested Motion
6. Code of Ordinances - Hunting and Target Practice
City Manager recommending approval of an amendment to the Hunting/Target Practice Ordinance which remedies differences
between the ordinance and the Deer Management Program and also separates shotgun hunting and target practice from bow and
arrow hunting.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 7 Police, Fire and Public Safety, Chapter 5 Offenses, Article A
General Offenses, Section 7 -5A -16 Hunting and Target Practice Permitted by separating the provisions for shotgun hunting and target
practice from the provisions for bow and arrow hunting and target practice, adding approved times for hunting and target practice
within the City of Dubuque, adding a reference to the annual Deer Management Program for bow and arrow hunting, and inserting an
exception for events that have been approved through a Special Events Permit
Suggested Disposition: Receive and File; Motion B; Motion A
Hunting and Target Practice -MVM Memo Staff Memo Ordinance Suggested Motion
7. Code of Ordinances - Weapons, Firearms and Fireworks
City Manager recommending approval of an amendment to City Code Ordinances 7- 5A -10: Weapons, Firearms and Fireworks to
include, among other changes, the wording to prohibit the firing and carrying of spring loaded and replica guns.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 7 Police, Fire and Public Safety, Chapter 5 Offenses, Article A
General Offenses, Section 7 -5A -10 Weapons, Firearms And Fireworks by adding a prohibition on replica firearms represented as real
firearms, a prohibition on spring loaded guns and air guns except in accordance with Section 7- 5A -16, and incorporating a reference to
the Deer Management Program for hunting
Suggested Disposition: Receive and File; Motion B; Motion A
Weapons, Firearms and Fireworks -MVM Memo, Staff Memo Ordinance Examples of Guns Suggested Motion
8. Iowa DOT - Purchase of Right -of -Way at Curtis and Bryant Streets
City Manager recommending approval of the purchase of the excess Iowa Department of Transportation right -of -way at the east end of
Curtis Street just west of Bryant Street.
Suggested Disposition: Receive and File; Approve
Purchase of IDOT Lots at Curtis Street and Bryant Street -MVM Memo, Staff Memo, IDOT Offer to Buy, Vicinity Map,
9. Port of Dubuque Marina Project Bid Package No. 1 - Floating Docks & Utilities
City Manager recommending acceptance of the construction contract for the Port of Dubuque Marina Project, Bid Package No. 1 -
Transient Docks & Utilities Project and authorizing final payment of the contract amount to the contractor, Dubuque Barge & Fleeting
Service Co. d /b /a Newt Marine Service.
RESOLUTION Accepting the Port of Dubuque Marina Project, Bid Package 1 - Transient Docks and Utilities and authorizing the
payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
Port of Dubuque Bid Pkq No 1- Transient Docks and Utilities -MVM Memo, Staff Memo Resolution, Final Payment Forms
10. Port of Dubuque Marina Project Bid Package No. 2 - Amenities Building & Site Work
City Manager recommending acceptance of the construction contract for the Port of Dubuque Marina Project, Bid Package No. 2 -
Amenities Building & Site Work and authorizing final payment of the contract amount to the contractor, Porten Construction, Inc.
RESOLUTION Accepting the Port of Dubuque Marina Project, Bid Package - Amenities Building & Site Work and authorizing the
payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
Port of Dubuque Bid Pkq 2- Amenities Building & Site Work -MVM, Staff Memo, Resolution, Final Payment Form,
11. Port of Dubuque Marina - Facility Management Proposals
City Manager recommending rejection of the Port of Dubuque Marina facility management proposals and issuance pf a new Request
for Proposal.
Suggested Disposition: Receive and File; Approve
Marina Facility - Reject Management Proposal -MVM Memo, Staff Memo Marina Mgmt Proposal from Roberts River Rides Marina
Management - Initiate RFP Process Memo Marina Management - Request for Proposals,
COUNCIL MEMBER REPORTS
PUBLIC INPUT
At this time, anyone in the Council Chambers may address the Council on matters which are of concern to that person and which are not an
agenda item. Please take your place at the microphone and state your name and address clearly. Proceed with your comments; however, no
formal action may be taken at this time on your comments because of the notice requirements of the Iowa Open Meetings Law.
ADJOURNMENT