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4 15 13 Clerk's Skeleton Notes and Meeting CallTO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a Regular Session of the City Council to be held on Monday, April 15, 2013, at 6:30 PM in the Historic Federal Building for the purpose of acting upon such business that may properly come before the City Council. Consent Items: Pages 1 -4 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 15, 2013 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor ol; Council Members Br`aig, Corthors, Jokes, Lyffch, R nick U i SSi te6Sn; City Manag)an Milligen, City Attorne indahl (via phone) 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. Yo PROCLAMATION(S) Yo Profess i I C mun ty Days of Caring Day (Apri Qa 2013) %/X a Laughter Day (May 5, 2013) el 7 l ng b OS »1 /efhakers iSF WU S1 396 1 CONSENT ITEMS Nays Connors Jones Lynch Resnick Sutton Braig Buol 1. Minutes and Reports Submitted Arts and Cultural Affairs Advisory Commission of 1/22, City Council proceedings of 4/8, Civil Service Commission of 4/18, Electrical, Code Board of 3/25, Historic Preservation Commission of 3/21, Historic Preservation Commission Education Task Force of 4/4, Library, Board of Trustees Update of 3/28, Long Range Planning Advisory Commission of 3/20, Park and Recreation Advisory Commission of 3/12, Zoning Board of Adjustment of 3/28, Proof of Publication for City Council proceedings of 3/18, Proof of Publication for List of Claims and Summary of Revenues for month ended 2/28 Suggested Disposition: Receive and File 2. Notice of Claims and Suits Candy Hirsch for personal injury; William Latham for property damage; Anna Mae McClain for vehicle damage; Turbin Dodge Chrysler Jeep 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: Candy Hirsch for personal injury; Lee Latham for property damage; Anna Mae McClain for vehicle damage; Robert Piel, Sr. for personal injury; Turpin Dodge Chrysler Jeep for vehicle damage Suggested Disposition: Receive and File; Concur 4. The Moving WaIlTM Certificate of Appreciation from The Moving WallTM thanking the City of Dubuque for its support during its stop in the Port of Dubuque. Suggested Disposition: Receive and File 2 5. Hazard Mitigation Property Acquisition Demolition Program City Manager recommending approval of the bid specifications for abatement of asbestos - containing materials and demolition of the flood- damaged structures at 1711 Old Mill Road and 1654 Manson Road. Suggested Disposition: Receive and File; Approve 6. Five Flags Center - Fiscal Year 2014 Detailed Operating Budget City Manager recommending approval of the Fiscal Year 2014 Five Flags Center proposed operating budget submitted by SMG. Suggested Disposition: Receive and File; Approve 7. Fiscal Year 2014 Community Development Block Grant Program City Manager recommending approval of the Request for Release of Funds for the proposed projects approved in the Fiscal Year 2014 (Program Year 2013) Annual Action Plan for Community Development Block Grant activities. RESOLUTION ,/ Authorizing request for Release of Community Development Block Grant unds for Fiscal Year 2014 (Program Year 2013) Suggested Disposition: Receive and File; Adopt Resolution(s) 8. Dubuque Golf & Country Club - Fireworks Request Correspondence from Richard Bugalski, General of the Dubuque Golf & Country Club requesting permission to display fireworks on Thursday, July 4, 2013 at about 9:30 p.m. on the DG &CC grounds with a rain date of July 5, 2013. Suggested Disposition: Receive and File; Approve Yays Nays Connors Jones Lynch Resnick Sutton Braig Buol 3 9. Emergency Fire Dispatch (EFD) and Emergency Police Dispatch (EPD) Protocols City Manager recommending approval to purchase Emergency Fire Dispatch and Emergency Police Dispatch Protocols from the Academy of Emergency Dispatch (Priority Dispatch). Suggested Disposition: Receive and File; Approve 10. Prosperity Eastern Iowa (PEI) Membership City Manager recommending approval to amend the Fiscal Year 2014 budget to increase the City's membership dues for Prosperity Eastern Iowa. Suggested Disposition: Receive and File; Approve 11. Multicultural Family Center - Future Talk Program Assistant City Manager recommending approval of the creation of a Future Talk Program Assistant position at the Multicultural Family Center. Suggested Disposition: Receive and File; Approve 12. Iowa Economic Development Authority - Rousselot Dubuque, Inc. City Manager recommending approval of an amended contract with the Iowa Economic Development Authority for financial assistance on behalf of Rousselot Dubuque, Inc. for an expansion of their facility at 2350 Kerper Boulevard. RESOLUTION Approving an Economic Development Assistance Contract by and among Rousselot Dubuque, Inc., the City of Dubuque and the Iowa Economic Development Authority Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Connors Jones Lynch Resnick Sutton Braig Buol 4 13. Civil Service Commission Civil Service Commission submitting the certified lists for Account Clerk I, Land Surveyor, and Police Lieutenant. Suggested Disposition: Receive and File; Make Matter of Record 14. Zoning Board of Adjustment Commissioner Michael Ruden submitting his resignation from the Zoning Board of Adjustment. Suggested Disposition: Receive and File; Accept Resignation 15. Request for Proposal - Port of Dubuque Marina Startup and Operation Consultant Services City Manager recommending approval of the selection of Westrec Marinas for startup and operation consultant services for the Port of Dubuque Marina. Suggested Disposition: Receive and File; Approve 16. Request for Proposal - Telecommunications Carrier Assessment City Manager recommending approval of the release of a joint Request for Proposal for Telecommunications Services for Dubuque County and the City of Dubuque for local voice, long distance, wide area network and internet services. Suggested Disposition: Receive and File; Approve 17. Mediacom Communications Company Correspondence from Lee Grassley, Senior Manager of Government Relations for Mediacom Communications Company informing the City of rate adjustments being implemented on or about May 1, 2013. Suggested Disposition: Receive and File Yays Nays Connors Jones Lynch Resnick Sutton Braig Buol 5 18. Sustainable Dubuque Monthly Project Status Report City Manager transmitting the Sustainable Dubuque Project Status Report for March 2013. Suggested Disposition: Receive and File 19. Improvement Contracts / Performance, Payment and Maintenance Bonds Classic Protective Coatings, Inc. for the Asbury Water Tank Reconditioning Project; Nauman Nursery, Inc. for Dubuque Pack Memorial Landscaping; Portzen Construction, Inc. for the SEP Green Alley Project (Loras /Arlington) Suggested Disposition: Receive and File; Approve 20. Signed Contracts Management Agreement with Kenneth Clayton for Miller- Riverview Park and Dubuque Water Sports Club. Suggested Disposition: Receive and File 21. Alcohol and Tobacco License Applications City Manager recommending approval of annual liquor, beer, wine and tobacco licenses applications as submitted. RESOLUTION l %4/ 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 /1.6- 1 Approving applications for retail cigarette /tobacco sales permits, as required by Iowa Code 453A.47A. Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Connors Jones Lynch Resnick Sutton Braig Buol 6 22. Grand River Center Management Agreement Extension City Manager recommending approval of a temporary extension of the existing agreement with Platinum Hospitality Group, LLC for management of the Grand River Center. RESOLUTION / / Approval of an amendment to the Facility Management Agreement between the City of Dubuque, Iowa, and Platinum Hospitality Group, LLC Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Connors Jones Lynch Resnick Sutton Braig Buol ITEMS TO BE SET FOR PUBLIC HEARING The Building Services Department will provide a brief presentation on the project. 1. Fifth and Bluff Streets Public Restroom Project (and Presentation) 2. Water Main Relocation Project - Hwy. 151/61 and South Grandview Avenue Overpass 3. Sale of Property - 2268 Washington Street 4. Fiscal Year 2013 Second Budget Amendment May 6, 2013 5. Greater Downtown Urban Renewal District Amendment Including Expansion 6. Lake Ridge - Urban Renewal District Amendment 7. Dubuque Brewing and Malting - Urban Renewal District Amendment 8. Industrial Center Urban Renewal District Amendment 9. Technology Park Urban Renewal District Amendment 7/21) y74 /11,/5/0/Line 3, 2013 boti/r) /7,* Woi/fL-- 0" deg o ibeiyy 1/ 1. Fifth and Bluff Streets Public Restroom Project (and Presentation) City Manager recommending initiation of the public bidding process for the 5th and Bluff Public Restroom Project, and further recommends that a public hearing be set for May 6, 2013. The Building Services Department will provide a brief presentation on the project. / 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 (5th and Bluff Public Restroom Project) Yays Nays V Connors Jones Lynch Resnick Sutton Braig Buol Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 5/6/13 2. Water Main Relocation Project - Hwy. 151/61 and South Grandview Avenue Overpass City Manager recommending initiation of the bidding process for the Highway 151/61 South Grandview Avenue Overpass Water Main Relocation Project, and further recommends that a public hearing be set for May 6, 2013. 8 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 (Hwy. 151/61 South Grandview Avenue Overpass Water Main Relocation Project) Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 5/6/13 3. Sale of Property - 2268 Washington Street City Manager recommending that a public hearing be set for May 6, 2013 on the sale of City -owned real estate at 2268 Washington Street to Kaylyn A. Mullady. RESOLUTION / Resolution of Intent to dispose of City -owned property, Lot 1 Bee Branch Sub. No. 7, in the City of Dubuque, Iowa, according to the recorded plat thereof -- 2268 Washington Street. Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 5/6/13 4. Fiscal Year 2013 Second Budget Amendment City Manager recommending that a public hearing be set for May 6, 2013 on Fiscal Year 2013 Budget Amendment No. 2. RESOLUTION A72 Setting the date for the public hearing on Amendment No. 2 to the Fiscal Year 2013 Budget for the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 5/6/13 5. Greater Downtown Urban Renewal District Amendment Including Expansion City Manager recommending approval of a Resolution of Necessity that finds that an amendment of the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District is both necessary and appropriate and would be expanded to include the area bounded by Harrison, Salina, and Camp Streets. He further recommends that a public hearing on the proposed amendment be set for June 3, 2013. RESOLUTION /420=9-- Resolution of Necessity finding that a certain area adjacent to the Greater Downtown Urban Renewal District meets the definition of a blighted area under the Urban Renewal Law, and that development of said Area is necessary in the interest of the residents of the City of Dubuque, Iowa and setting dates of hearing and consultation on a proposed amendment to the Urban renewal Plan for said District Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 6/3/13 6. Lake Ridge - Urban Renewal District Amendment City Manager recommending approval of a Resolution of Necessity that finds that an Amended and Restated Urban Renewal Plan for the Lake Ridge Economic Development District is both necessary and appropriate and further recommends that a 9 public hearing on the proposed amendment be set for June 3, 2013. RESOLUTION A-2..03 Resolution of Necessity finding that the established Lake Ridge Economic Development District meets the definition of an Economic Development Area under the Urban Renewal Law, and that development of said Area is necessary in the interest of the residents of the City of Dubuque, Iowa, and setting dates of hearing and consultation on a proposed amendment to the Urban Renewal Plan for said District Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 6/3/13 7. Dubuque Brewing and Malting - Urban Renewal District Amendment City Manager recommending adopt of a Resolution of Necessity that finds that an Amended and Restated Urban Renewal Plan for the Dubuque Brewing and Malting Urban Renewal District is both necessary and appropriate and further recommends that a public hearing on the proposed amendment be set for June 3, 2013. RESOLUTION 49' Resolution of Necessity finding that the established Brewing and Malting rban Renewal District meets the definition of a Blighted Area under the Urban Renewal Law, and that development of said Area is necessary in the interest of the residents of the City of Dubuque, Iowa, and setting dates of hearing and consultation on a proposed Amendment to the Urban Renewal Plan for said District Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 6/3/13 8. Industrial Center Urban Renewal District Amendment City Manager recommending approval of a Resolution of Necessity that finds that an amendment of the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District is both necessary and appropriate and further recommends that a public hearing on the proposed amendment be set for June 3, 2013. RESOLUTION 49 Resolution of Necessity finding that the established Dubuque Industrial Center Economic Development District meets the definition of an Economic Development Area under the Urban Renewal Law, and that development of said Area is necessary in the interest of the residents of the City of Dubuque, Iowa, and setting dates of hearing and consultation on a proposed amendment to the Urban Renewal Plan for said District Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 6/3/13 9. Technology Park Urban Renewal District Amendment City Manager recommending approval of a Resolution of Necessity that finds that an Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center / South Economic Development District is both necessary and appropriate; determines that the District shall henceforth be referred to as the Dubuque Technology Park Economic 10 Development District and further recommends that a public hearing on the proposed amendment be set for June 3, 2013. RESOLUTION Resolution of Necessity finding that the established Dubuque Industrial enter / South Economic Development District meets the definition of an Economic Development Area under the Urban Renewal Law, determining that the name and all subsequent references to the district shall change to the Dubuque Technology Park Economic Development District, that development of said Area is necessary in the interest of the residents of the City of Dubuque, Iowa, and setting dates of hearing and consultation on a proposed amendment to the Urban Renewal Plan for said District Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 6/3/13 11 BOARDS /COMMISSIONS Review of applications to the following boards /commission: 1. Zoning Board of Adjustment Two 5 -Year terms: One term through March 25, 2015 (Vacant term of Ruden); and One term through March 25, 2018 (Expiring term of Cremer) Applicants: Eugene Bird, 3357 Arrowwood Ln. �^ Jeff Cremer, 919 % Bluff St. This commission is subject to the State of Iowa Gender Balance Law. 2. Building Code Board of Appeals One 3 -Year term through August 1, 2014 (Vacantt term of Anglese). 6��j Applicant: Mary Gotz, 1844 Bennett St.. - /9e-/d4 - 12 Suspend the Rules Yays Nays Connors Jones 1% Lynch Resnick V Sutton V Braig IV Buol PUBLIC HEARINGS SUSPEND THE RULES Public Hearing No. 1 )(ay, Nays Connors Jones 1% Lynch Resnick Sutton (/ Braig t/ Buol 1. Safe Routes To School - Dubuque School Safety Improvements Project Proof of publication on notice of public hearing to consider the approval of plans, specifications, form of contract and estimated cost for the Safe Routes to School Program - Dubuque School Safety Improvements Project and the City Manager recommending approval. 427 RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for Safe Routes to School Program — Dubuque School Safety Improvements Project #SRTS -U- 2100(663)- -8U -31 Suggested Disposition: Receive and File; Adopt Resolution(s) /rf�m -/7ten,b "rze 13 2. Bunker Hill Pump Station Improvement Project Proof of Publication on notice of public hearing to consider the approval of plans, specifications, form of contract and estimated cost for the Bunker Hill Pump Station Improvement Project and the City Manager recommending approval. RESOLUTION 1 Approval of specifications, form of contract, and estimated cost for the Bunker Hill Pump Station Improvement Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays ,/ Connors f/ Jones i- Lynch .�/ Resnick ✓ Sutton 1 Braig - Buol REINSTATE THE RULES Yays Nays 12 Connors Jones i- Lynch Resnick ✓ Sutton 1 Braig Buol AN- /Nix") de*) Alb Woo /b,z • /17401/ a//9I 4/4,0/06/ ///79, 14 ACTION ITEMS 1. Park & Recreation Commission - Pets in Parks Recommendation (Second Reading) Park & Recreation Commission submitting revised recommendations regarding allowing pets in City parks. City Manager submitting informational memos. Materials from the March 4 and March 18, 2013 Council Meetings. ORDINANCE Amending City of Dubuque Code of Ordinances Title 10 Public Ways an Property, 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 Fin = I Reading and Adopt s7 Yays Nays Nays Connors Connors J--- 1/ f Jones Lynch Lynch t/ esni Resnick j - . on Sutton 1/.. 14Q Braig Buol Buol 1i Fin = I Reading and Adopt Ya s Nays Connors Jone Lynch esni . on Braig Buol /kw ,lam- 1W Atm" keida7 /ifimok ,2(//4 4f/lae. 6/4/4/4 &xi/Zia ,134/11/PiL. MaVilter'7-/(io /741e' thr-ae di/ b0i2e,illee,1 ktai PIS/id 4 a id() re it r/L n4e,yied aw 46e �rrvis� 15 a� 2. Sewer Revenue Capital Loan Note Series 2010E City Manager recommending approval of the proceedings to approve the revised loan documents concerning the increase in the principle amount of the Sewer Revenue Capital Loan Note, Series 2010E in order to provide funding for the Bee Branch Watershed Green Infrastructure Project. RESOLUTION / . Amending the Series Resolution (Resolution No. 302 -10) approved on Augus 10, 2010, said Resolution Approving and Authorizing a Loan and Disbursement Agreement by and Between the City of Dubuque and the Iowa Finance Authority and Authorizing and Providing for the Issuance of the $64,885,000 Sewer Revenue Capital Loan Note, Series 2010E, in order to provide for the funding of the Bee Branch Watershed Green Infrastructure Project under the terms of a new Series 2010E Note in the principal amount of $74,285,000 Suggested Disposition: Receive and File; Adopt Resolution(s) Yay Nays Connors Jones Lynch Resnick Sutton Braig Buol OW' OVffM 16 3. Code of Ordinances - Motorcycles and Motorized Bicycles City Manager recommending approval of an amendment to the Motorcycles and Motorized Bicycles Ordinance that requires that a person operating a motorcycle or motorized bicycle keep at least one hand on the handlebars at all times during operation. ORDINANCE �/5 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 7 Operation, Division 3 Operation of Motorcycles and Motorized Bicycles, Section 9 -7- 321.275 Motorcycles and Motorized Bicycles by requiring a person operating a motorcycle to keep at least one (1) hand on the handlebars at all times Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays V Connors � Jones )/'/ Lynch Resnick I. Sutton 7/ Braig q/ Buol Final Reading and Adopt Yays Nays Connors � Jones )/'/ Lynch Resnick I. Sutton Braig I/ Buol 007v i-5>M01/07-*//,,zelakt(,/- fr//?ii 17 4. Food Scrap Collection Alternative City Manager recommending approval of a proposed food scrap and yard debris composting contract with Full Circle Organics, LLC. Suggested Disposition: Receive and File; Approve Yays Nays Connors Jones Lynch Resnick Sutton Braig Buol 001) 1y� ,r te akt/1/14-- dil(/ P/- //& h7/9 1, - ,WA)/ *71 e &141/// enydf SANJa. Id,f<i 9/f/Ai leo kk,f2 18 5. Request for Work Session - Port of Dubuque Marina Tour City Manager requesting that the City Council schedule a work session for May 20, 2013, at 5:00 p.m. to tour the Port of Dubuque Marina prior to the June 1, 2013 dedication. Suggested Disposition: Receive and File; Council ,✓ Yays Nays p/. Connors U Jones V Lynch Resnick Sutton Braig Buol 6. Request to Schedule Work Session - Historic Millwork District City Manager requesting that the City Council schedule a work session on Monday, June 17, at 5:15 p.m. on a comprehensive update of the Historic Millwork District. Suggested Disposition: Receive and File; Council Yays Nays Connors Jones Lynch Resnick Sutton Braig Buol 19 COUNCIL MEMBER REPORTS 0/o/ 5b/m/44(y-,- ucceor, fii,y/ ye/9/7- R./ ea/A t/ /fir /fti*4'k ✓r2i�- PUBLIC INPUT td3 ,W//7 --://VOcog,0)sl k4/6 *-111/ CLOS S SSION Pending Litigation and Property Acquisiti n Chapter 21.5(1)(c)(j) Code of Iowa Yays Nays Connors Jones Lynch Resnick Sutton Braig Buol r K. ADJOURNMENT V Nays Connors Jones Lynch Resnick Sutton Braig Buol 20 //6// 4,/,--%)//i)P-A% 44- mij//ii,z6 /10,We,%> Myt/Y A5/4/1/ i2V/P /97-) /1,2/ 71/4/4/710 thiga7 fri,e3 Abi ir4/71 07- stk/ -- Paid 141/7/it Alyd/k /‘p9z 6M;)77 //7 / 0./ — ONAL /A e, )47g/-150e1i/ py,e /2/1.6 ;frYa do#P7 06r,/2 - ieff,4 /012- /(./ "roze mzeti7) 7 g4, .1"A4;?1 A4y- idixi/ Ago2m7//741,- kk--",/, 1 7 7 zrb dil /9449fjp*/#0,72 awae feli6 "12-eit - I A) 041,19 YO, 2/11 vfr klia% ildiz