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
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Reconvene in open session •
Adjournment
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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
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Resnick
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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
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Jones
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Resnick
Sutton
Braig
Buol
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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
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Braig
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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
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Braig
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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
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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
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Buol
Public Hearing #1
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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)
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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
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Buol
REINSTATE THE RULES
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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
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Jones
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Buol
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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
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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
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Connors
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Resnick
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Buol
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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_
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Jones
V
Lynch
V
Resnick
Sutton
Braig
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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
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Connors
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Braig
Buol
Final Reading and Adopt
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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
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Nays
Connors
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Jones
Lynch
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Resnick
IV
Sutton
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Buol
Final Reading and Adopt
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Nays
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Lynch
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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
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Lynch
VResnick
Resnick
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Sutton
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Braig
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Buol
Final Reading and Adopt
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Nays
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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
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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
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Lynch
Resnick
Sutton
Braig
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Buol
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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
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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
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I. COUNCIL MEMBER REPORTS
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