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4 1 13 Clerk's Skeleton Notes and Meeting CallsTO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a Special Session of the City Council to be held on Monday, April 1, 2013, at 5:30 PM in the Historic Federal Building for the purpose of concuting a closed session regarding pending litigation pursuant to Chapter 21.5(1)(c) of the Code of Iowa.. Consent Items: Pages n/a oy D. Buol, Mayor CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5 p.m. on April 1, 2013 in the Historic Federal Building, 350 W. 6t" Street. Present: Mayor ol; Council Members prig, C rs, n, City Manager an Milligen, City Att orne indahl Abp Ly�r zI , Resnick, Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a closed session regarding pending litigation pursuant to Chapter 21.5(1)(c) of Code of Iowa. Convene in closed session Yays Nays t/ Connors V Jones 1/ Lynch V Resnick ✓ Sutton V Braig Buol Reconvene in open session • Adjournment Yays Nays 1/ Connors V/ Jones 1/ Lynch V Resnick ✓ Sutton Braig Buol 1 TO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a Regular Session of the City Council to be held on Monday, April 1, 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.. Consent Items: Pages 1 -3 y D. Buol, Mayor CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on April 1, 2013 in the Historic Federal Building, 350 W. 6th Street. ;resent: Mayor 6 I; Council Members laig, Co►yr(ors, )4fton; City Mana9 Van Milligen, City Attor y Lindahl A 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. Week of the Young Child (April 14 -20, 2013) 1 CONSENT ITEMS 1. Minutes and Reports Submitted City Council proceedings of 3/18, Civil Service Commission of 3/20, Community Development Advisory Commission of 3/20, Housing Commission of 12/4/12 , an Rights Commission of 2/11, Proof of Publication for City Council proceedings Suggested Disposition: Receive and File 2. Notice of Claims and Suits Angela Darnell for personal injury; Jessica Fitzgibbons for property damage; Robert Peil, Sr. for personal injury 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: Angela Darnell for personal injury, Jessica Fitzgibbons for property damage, Robert Sarazin for property damage, Donna Schmitt for vehicle damage Suggested Disposition: Receive and File; Concur 4. Circles® Program - Training Center Think Tank, Inc. Contract City Manager recommending approval of a contract with the Circles® Training Center Think Tank, Inc. for consulting services for the Circles® Initiative for the July 2013 -June 2014 contract. Suggested Disposition: Receive and File; Approve 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 Yays, Nays Connors Jones Lynch Resnick Sutton Braig Buol 2 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 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 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 ,/ '' {3Awarding 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) 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 Yays Nays Connors Jones Lynch Resnick Sutton Braig Buol 3 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 11. Community Development Advisory Commission Commissioner Adam Rathje submitting his resignation from the Community Development Advisory Commission. Suggested Disposition: Receive and File; Accept Resignation 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 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 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 Yays Nays Connors Jones Lynch Resnick Sutton Braig Buol 4 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 /C/ 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) 16. Signed Contracts Teska Associates, Inc. for Washington Neighborhood Market Analysis Suggested Disposition: Receive and File 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) Yays Nays Connors Jones Lynch Resnick Sutton Braig Buol 5 I ITEMS TO BE SET FOR PUBLIC HEARING 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 P-., 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 4/15/13 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 /6 £ Preliminary approval of the specifications, form of contract, and estimated cost; s -tting 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 Yays Nays VConnors Y Jones 1/j Lynch i/ Resnick i/ Sutton >j6 Braig Buol 6 BOARDS /COMMISSIONS Appointment to the following commission to be made at this meeting: 1. 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 ,&, b")*Alita--- PUBLIC HEARINGS SUSPEND THE RULES Suspend the Rules Yays Nays i/ Connors i/e Jones ✓/ Lynch fr-- Resnick r/ Sutton v cX Braig L. - Buol Public Hearing #1 Yays Nays Connors i/e Jones t/ Lynch Resnick Sutton �. Braig i� Buol 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) #11/irr 11��i�vo 8 2. Request to Vacate University Avenue Extension - MRJD Properties Proof of publication o 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 City of Dubuque, Iowa Vacating a portion of University Avenue Extension in the Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays v/ Connors V Jones v/" Lynch ,/ Resnick 1/ Sutton Va, Braig I/ Buol REINSTATE THE RULES Yays Nays ,// Connors Jones v/ Lynch I/ Resnick 1/ Sutton Braig I/ Buol 9 --mo#,,fra„ ACTION ITEMS 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 fl/1 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) Yays Nays / / Connors Jones I/ Lynch Resnick o/ Sutton Braig Buol 10 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 Yays Nays j/9 Connors v Jones Lynch l/ Resnick ,/ Sutton V Braig 1/ Buol 11 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 Ya �j Nays I/ Connors I/ Jones Lynch Resnick J/ Sutton Braig Buol "07 /91////// -is ��Alhu,'� 1Pe 7 dby 12 4. Sustainable Dubuque Community Grants City Manager recommending approval of the Sustainable Dubuque Community Grant Program. Suggested Disposition: Receive and File; Approve Yays Nays Vol_ Connors i% / Jones V Lynch V Resnick Sutton Braig L/ Buol 13 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 ,/9./.3 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 Suspend the Readings Yays Nays 1/ Connors Jones j/ Lynch Resnick z' Sutton 1/ Braig Buol Final Reading and Adopt Yays Nays 1/ Connors Jones Lynch Resnick z' Sutton 1/ Braig Buol 14 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 ('7) 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 Suspend the Readings Yays Nays Connors I/ Jones Lynch j/ Resnick IV Sutton Braig 1/ Buol Final Reading and Adopt Yays Nays Connors Jones Lynch Resnick Sutton Braig l — Buol 15 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 (2/ 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 Suspend the Readings Yays Nays 1/ a Connors Jones ,2 Lynch VResnick Resnick V Sutton 1/ Braig !/ Buol Final Reading and Adopt Yays Nays 1/ a Connors Jones t/ Lynch z/ Resnick V Sutton 1/ Braig !/ Buol ivm o-A rthel7h,-, iiz,/*/-7 7/w-90 - - /A/ -Chi 21( /7-ie fo //tei,o• Gil P,p-i-A04e ')//?/oh/tz_ /2k/,///i? 16 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 Yays Nays Connors ir.,/ Jones i/ Lynch Resnick Sutton Braig Buol 17 /041 9. Port of Dubuque Marina Project Bid Package No. 1 Floatiryf Docks & Utilities City Manager recommending acceptance of the construct n 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) Yays Nays 2-. Connors Jones ;/' Lynch Resnick Sutton Braig 1 Buol 18 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, Portzen Construction, Inc. RESOLUTION 4/0 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) Yays Nays 1// Connors v' Jones V Lynch V Resnick Sutton Braig I Buol ROI 19 11. Port of Dubuque Marina - Facility Management Proposals City Manager recommending rejection of the Port of Dubuque Marina facility management proposals and issuancegia new Request for Proposal. Suggested Disposition: Receive and File; Approve Yays Nays Connors 1/ Jones / Lynch t/ Resnick Sutton Braig Buol 4,m zel*/&* g-/wdedd2-2?,/,/,71//-,7 4i7/1 di)?5,471eg 5/41e/- "M/Ahd;i, /0 /2# ee/# .e7J) ai-1) (+//4.49_ /3/ dade 4//99 Yoga Arai (le, -54/7,4,f/84_ a r s r r/oh � /1/e{�i /ifae,, *,& 126f7 Goi,fijai/yee *Imeefry �/ %�///!72'�srq�i G�u ,�' G// OA- 40z/#4 ifixv/w774-/ii4' 4.40e/e_ I. COUNCIL MEMBER REPORTS J. P wia/ 1X /7(4.0 .5vA/46. 4/Je/ OArth)- 4-;,e1j/ i0.1/4S7M 4W.I/Ogi/ 4)7,/111/74 ,04/11,474 (@ILL461/,/ .11( PUBLIC INPUT ?/33 � /�fi /�S �/lJL�/' (y�/y�j-j��_ N )&e/ - 1,Z913 //05 Rve I7.a (A */4 Ob, -44 / i/fA "os -e,rae4p 20,79/&.//ii7z 407,-* fd e//,/ /42/8z, L. ADJOURNMENT T r� Yays Nays V Connors Jones Lynch IV Resnick Sutton Braig v' Buol 9ef//i71- /47/Air- m �o /1f/6*h/