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Proof_City Council Proceedings 4 1 13CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:30 p.m. on April 1, 2013 in the His- toric Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sutton; City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of con- ducting a closed ses- sion regarding pending litigation pursuant to Chapter 21.5(1)(c) of Code of Iowa. Motion by Jones to convene in closed ses- sion at 5:40 p.m. to dis- cuss pending litigation pursuant to Chapter 21.5(1)(c) of Code of Iowa. Seconded by Resnick. Motion car- ried 7 -0. Upon motion the City Council reconvened in open session at 6:32 p.m. stating that staff had been given proper direction. There being no fur- ther business, upon motion the City Council adjourned at 6:33 p.m. /s /Kevin S. Firnstahl, CMC, City Clerk It 4/10 CITY OF DUBUQUE, IOWA CITY COUNCL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:37 p.m. on April 1, 2013 in the His- toric Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sutton; City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of con- ducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE MOMENT OF SILENCE May the spirit of wis- dom keep our hearts and minds open as we endeavor to serve the common good. PE2OCLA PATIO (S) Waak of ton Street from Prairie to Dell Streets) - Award of Contract: City Man- ager recommending award of the contract for the SEP Green Alley Permeable Pavers Proj- ect between Loras Boulevard and Arling- ton Streets from Prai- rie Street to Dell Street to the low bidder, Portzen Construction, Inc. Upon motion the documents were re- ceived and filed and Resolution No. 100 -13 Awarding public im- provement contract for the SEP Green alley Permeable Pavers Proj- ect between Loras Boulevard and Arling- ton Streets from Prai- rie Street to Dell Street was adopted. Workers' Compensa- tion Settlement Agree- ment: Attorney Les Reddick, representing the City of Dubuque, recommending appro- val of an Agreement for Settlement regard- ing a Workers' Com- pensation claim that was filed against the City of Dubuque by Transit employee Wayne Strohmeyer. Upon motion the docu- ments were received, filed and approved. 2013 Art on the River Exhibition - Artwork Selection: Arts and Cul- tural Affairs Advisory Commission request- ing concurrence with the selection of art- work for the 2013 Art on the River Competi- tion. Upon motion the documents were re- ceived, filed and con- curred. Community Develop- ment Advisory Com- mission: Commissioner Adam Rathje submit- ting his resignation from the Community Development Advisory Commission. Upon mo- tion the documents were received, filed and the resignation ac- cepted. Civil Service Commis- sion: Civil Service Com- mission submitting the certified list for the po- sition of Golf Course Technician. Upon mo- tion the document was received, filed and made a Matter of Re- cord. Shelter Plus Care Five -Year Grant Close- out: City Manager rec- ommending authoriza- tion for the Mayor to execute documents to close out the Fiscal Year 2007 Shelter Plus Care Five -Year Grant. Upon mntinn tho ring, ■_ 13 Preliminary appro- val of the specifica- tions, form of contract, and estimated cost; setting date of public hearing on the specifi- cations, form of con- tract, and estimated cost; and ordering the advertisement for bids (Bunker Hill Pump Sta- tion Improvement Proj- ect) was adopted set ting a public hearing' for a meeting to com -I mence at 6:30 p.m. on April 15, 2013 in the Historic Federal Build -, ing. BOARDS/ COMMISSIONS Appointment to the following commission: Civil Service Commis- sion: 1 three -year term through April 6, 2016 (Expiring term of White). Applicant: Dan- iel White, 2919 Elm Street. Upon Council concurrence, Mayor Buol appointed Daniel White to the Civil Serv- 'ce Commission for a three -year term through April 6, 2016. PUBLIC HEARINGS Upon motion the rules were suspended allow- ing anyone present to address the City Coun -, cil. Weaver Castle, LLC - Development Agree -I ment for 324 -326 W. Locust Street: Proof of publication on notice of public hearing to ap- prove a Development Agreement with Wea- ver Castle, LLC to rede- velop property located at 324 -326 W. Locust Street into four apart- ments and the City Manager recommend- ing approval. Motion by Braig to receive and file the documents and adopt Resolution No. 105 -13 Approving issu- ance of Urban Renewal Tax Increment Reve- nue Obligations and the execution of Devel- opment Agreement re- lating thereto with Weaver Castle, LLC. Seconded by Jones. Motion carried 7 -0. Request to Vacate University Avenue Ex- tension - MRJD Proper- ties: Proof of publica- tion on notice of public hearing to consider a request by MRJD Prop- erties to vacate a por- tion of University Ave- nue Extension adjacent to Iowa Auto Glass at 2796 University Avenue and the City Manager recommending appro- val. Motion by Lynch to receive and file the documents and adopt D■cn1,,4■,..■ M.. 1 nc 1\LtIL[ 303 of Ordinances Title 7 Po ice, Fire and Public Safety, Chapter 5 Of- fenses, Article A Gen- eral Offenses, Section 7 -5A -16 Hunting and Target Practice Permit- ted by separating the prov sions for shotgun hunting and target practice from the pro- visions for bow and ar- row hunting and target practice, adding ap- proved times for hunt- ing and target practice within the City of Du- buque, adding a refer- ence to the annual Deer Management Pro- gram for bow and ar- row hunting, and in- serting an exception for events that have been approved through a Special Events Per- mit. Seconded by Jones. Motion carried 7 -0. Code of Ordinances - STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: April 10, 2013, and for which the charge is $264.60. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, , 20 /, this i4.7,0 day of Notary Public in and for Dubuque County, Iowa. is MARY K. WES -f L: Comm'isalgn N tirl'. Minutes and Reports Amendment to Devel- gested proceedings to be suspended. Sec - Submitted: City Coun- opment Agreement to ' complete action re- onded by Connors. Mo- cil proceedings of 3/18, change the name of quired on the tion carried 7 -0. Civil Service Commis- McGraw -Hill Education, _I $3,048,000 Sewer Reve- Motion by Jones for fi- sion of 3/20, Communi- LLC to McGraw -Hill nue Capital Loan Notes nal consideration and ty Development Advi- G obal Education, LLC. from the State of Iowa passage of Ordinance sort' Commission 'of Upon motion the docu- Revolving Fund Loan No. 21 13 Amending 3/20, Housing Commis- ments were received Iowa Water Pollution City of Dubuque Code sion of 12/4/12, Human and filed and Resolu- Control Works Financ- of Ordinances Title 7 Rights Commission of tion No. 101 -13 Approv- ing Program. Motion by Police, Fire and Public 2/11, Proof of Publica- ing Second Amend- ' Connors to receive and Safety, Chapter 5 Of- tion for city Council meet of the Develop- file the documents and tenses, Article A Gen - proceedings of 3/4. ment Agreement be- adopt. Resolution No. eral Offenses, Section Upon motion the docu- tween the City of Du- . 108 -13 Approving and 7 -5A -10 Weapons, Fire - ments were received buque, Iowa and authorizing a form of arms and Fireworks by and filed. McGraw -Hill Compa- j loan and disbursement adding a prohibition on Notice of Claims and n es, Inc. was adopted. ;, agreement by and be- replica firearms repre- Suits: Angela Darnell Signed Contracts: . tween the City of Du- sented as+ real fire- for personal injury; Jes- Teska Associates, Inc. buque, Iowa and the arms, a prohibition on sica Fitzgibbons for for Washington Neigh- Iowa Finance Authori- spring loaded guns and property damage; Rob- borhood Market Analy- ty, and authorizing and air guns except in ac- ert Peil, Sr. for person- s s. Upon motion the providing for the issu- cordance with Section al injury. Upon motion document was re- ance and securing the 7- 5A -16, and incorpo- the documents were ceived and filed. payment of $3,048,000 rating a reference to received, filed and re- Alcohol License Sewer Revenue Capital the Deer Management ferred to the City Attor- Renewals: City Manag- Loan Notes, Series Program for hunting. ney. er recommending ap- 2013, of the City of Du- Seconded by Connors. Disposition of Claims: proval of annual liquor, buque, Iowa, under the Motion carried 7 -0. City Attorney advising beer, and wine licenses r provisions of the City "Iowa DOT - Purchase that the following ` as f submitted. Upon Code of Iowa, and pro- of Right -of -Way at Cur - claims have been re- motion the documents viding for a method of tis and Bryant Streets: ferred to Public Entity were received and filed payment of said notes. City Manager recom - Risk Services of Iowa, and `Resolution No. 102- Seconded by Resnick. mending approval of the agent for the Iowa 13 Approving applica- Motion carried 7 -0. the purchase of the ex- Communities Assur- tions for beer, liquor, Revised Purchase of cess Iowa Department ance Pool: Angela and /or wine ! permits, Services Grant Recom- of Transportation Darnell for personal' in- as required by City of mendations for Fiscal right -of -way at the jury, Jessica Fitzgib- Dubuque Code of Ordi- Year 2014: Community east end of Curtis bons for property dam- nances Title 4 Business Development Advisory Street just west of Bry- age, Robert Sarazin for and! License Regula- Commission submit- ant Street. Motion by property damage, Don- tions, Chapter 2 Liquor ting revised funding Connors to receive and na Schmitt for vehicle Control, Article B Liq recommendations for file the documents and damage. Upon motion uor, Beer and Wine Li- the Fiscal Year 2014 approve the recom - the documents were censes and Permits Purchase of Service mendation• Seconded received, filed and con- was adopted. Grant applications. Mo- by Resnick. Motion car - curred. TEMS TO BE SET FOR ? tion by Jones to receive ried 7 -0. Circles® Program - PUBLIC HEARING and fileithe documents Port of Dubuque Mari Training Center Think Motion by Lynch to and approve the rec- na Project Bid Package Tank, Inc. Contract: receive and file the ommendation. Second- No. 1 - Transient Docks City Manager recom- documents, adopt the ed by Connors. Motion & Utilities: City Manag- mending approval of a resolutions, set the carried 7 -0. er recommending ac- contract with the public hearings as indi- Smarter Sustainable ceptance of the con - Circles' Training Cen- cated, and direct the Dubuque - Proposed struction contract for ter Think Tank, Inc. for City Clerk to publish Health ! and Wellness the Port of Dubuque consulting services for notice as prescribed by Pilot and Joint Develop- Marina Project, Bid the Circles® Initiative law. Seconded by ment Agreement: City Package No. 1 - Transi- for the July 2013 -June Braig. Motion carried Manager recommend- ent Docks & Utilities 2014 contract. Upon 7 -0. ing approval of a Joint Project and authorizing motion the documents Safe Routes To School Development Agree- final payment of the were received, filed - Dubuque School Safe - ment and associated contract amount to the and approved. ty Improvements Proj- Intelligent Operations contractor, Dubuque Loras College - De- ect: City Manager rec - Center Licensing and Barge & Fleeting Serv- partment of Justice Vi- ommending ;initiation! Hosting Agreement for ice Co. d /b /a Newt Ma- olence Against Women of the public bidding the Health and Well- rine Service. Motion by Grant: City Manager procedure for the Safe ness Pilot with IBM. Connors to receive and recommending appro- Routes to School Pro- Motion by Connors to file the documents and val of the Memoran- gram - Dubuque School receive and file the adopt Resolution No. dum of Understanding Safety Improvements' documents and ap- 109-13 Accepting the with Loras College for Project, and further; prove the recommen- Port of Dubuque Mari- a grant through the De- recommends that a dation. Seconded by na Project, Bid Package partment of Justice Of- public hearing be set Resnick. Motion car- 1- Transient Docks and fice ofi Violence for April 15, 2013. Upon ried 7-0. Utilities and authoriz- Against Women. Upon motion the documents Sustainable Dubuque ing the payment of the motion the documents were received and filed Community Grants: contract amount to the were received, filed and Resolution No. 103- City Manager recom- contractor. Seconded and approved. 13 Preliminary appro -i mending approval of by Resnick. Motion car - University of Dubuque val of plans, specifica- the Sustainable Dubu- ried 7 -0. - Department of Justice tions, form of contract, que Community Grant Port of Dubuque Mari - Violence Against Worn- and estimated cost; Program. Motion by na Project Bid Package en Grant: City Manager setting date of public Jones to receive and No. 2 - Amenities Build - recommending appro- hearing on plans, spec- file the documents and ing & Site Work: City val of the Memoran- fications, form of con- approve the recom- Manager recommend - dum of Understanding tract, and estimated mendation. Seconded ing acceptance of the with the University of cost; and ordering the by Connors. Motion construction contract Dubuque for a grant advertisement for bids carried 7 -0. for the Port of Dubuque through the Depart- (Safe Routes to School? Code of Ordinances - Marina Project, Bid ment of Justice Office Program - Dubuque Motor Truck Route Vio- Package No. 2 - of Violence Against School Safety Improve- r lations City Manager Amenities Building & Women. Upon motion ments Project #SRTS- recommending appro- Site Work and author - the documents were U- 2100(663)80 -31) was! val of a change to City izing final payment of received, filed and ap- adopted setting a pub - of Dubuque Code of Or- the contract amount to proved. l c hearing for a meet- dinances 9 -16- 321.901, the contractor, Portzen Helping Services for ing to commence at which deals with Motor Construction, Inc. Mo Northeast' Iowa, Inc.: 6:30 p.m. on? April 15, Truck Route violations tion by Connors to re City Manager recom- 2013 in the Historic within the City of Du- ceive and file the docu,' mending approval' of Federal Building. buque. Motion' by ments and adopt Reso -' an agreement with Bunker Hill Pump Sta..- Jones to receive and lution No. 110 -13 Ac' Helping Services of t on Improvement Proj- file the documents and cepting the Port of Du Northeast Iowa to pro- ect: City Manager rec- that the requirement buque Marina Project, . vide up to four officers ommending initiation that a proposed orri- Bid Package No. 2 - on an overtime basis to of the bidding process nance be considered Amenities Building &' conduct patrols specif- for the Bunker Hill and voted on for pas - Site Work and author - ically aimed at under- Pump Station improve sage at two Council izing the payment of age parties. Upon mo- merit Project, and fur- meetings prior to the the contract amount to tion the documents ther recommends that meeting at which it is the contractor. Sec - were received, filed a public hearing be set to be passed be sus- onded by Jones. Motion and approved. for April 15, 2013. Upon pended. Seconded by carried 7 -0. SEP Green Alley Per- motion the documents Resnick. Motion . car- Port of Dubuque Mari - meable Pavers Project were received and filed ried 7 -0. na Project - Facility (Loras Blvd and Arling- and Resolution No. 104- Motion by Jones for f Management Propos- ton Street from Prairie 13 Preliminary appro -! nal consideration and als: City Manager rec CITY OF DUBUQUE, to Dell Streets) - Award val of the specifica passage of Ordinance ommending rejection IOWA of Contract: City Man- tions, form of contract, No. 19 -13 Amending of the Port of Dubuque Crry COUNCIL ager recommending and estimated cost; City of Dubuque Code Marina facility man - PROCEEDINGS award of the contract setting date : of public of Ordinances Title 9 agement proposals and SPECIALSESSION for the SEP Green Alley hearing on the specifi Motor Vehicles and issuance of a new Re- The Dubuque City Permeable Pavers Proj- cations, form of con- Traffic, Chapter 16 Mis- quest for Proposal. Mo- Council met in special ect between Loras tract, and estimated cellaneous City Provi- tion by Lynch to re- session at 5:30 p.m. on Boulevard and Arling- cost; and ordering the sion, Division 2 Trucks ceive and file the docu - April 1, 2013 in the His- ton Streets from Prai- advertisement for bids and /or +Machinery, Sec- ments and approve the toric Federal Building, rie Street to Dell Street (Bunker Hill Pump Sta- tions 9 -16- 321.901 Mo- recommendation. Sec - 350 W 6th Street. to the low bidder, tion Improvement Proj for Truck Routes and 9- onded by Connors. Mo- Present: Mayor Buol; Portzen Construction, ect) Was adopted set- 16- 321.902 Motor Truck tion carried 4 -3 with OF Council Members 'lnc. Upon motion the ting a public hearing Routes Prohibited on Braig, Lynch, and Sut- docurnents were re- fora meeting to com- Designated Streets by ton voting nay. Council 1JE COUNTY Braig, Connors, u Jones, ceived and filed and mence at 6 :30 p.m. on combining both sec_ discussion include City Manager Sutton; Resolution No. 100 -13 April 15, 2013 in the tions to correct: a dis concerns over rejecting City Manager Van Awarding public im- Historic Federal Build - crepancy regarding the proposal from a local LLiindahl ' City Attorney prevenient contract for ing. applicable fine and bidder, the pros /cons Mayor Buol read the the SEP Green alley BOARDS/ clarify! that all' truck of issuing another RFP, call and stated this is a 'Permeable Pavers Proj- COMMISSIONS route violations are city management of CERTIFICATION OF PUBLICATION special session of the ect between Loras Appointment to the scheduled violations. project components, City Council called for Boulevard and Arling- following commission: Seconded by Resnick. and project and grant the purpose of con- ton Streets from Prai- Civil Service Commis - Motion carried 7-0. timelines. ducting a closed ses- rie Street to Dell Street sion: 1 three -year term Code of Ordinances - COUNCIL MEMBER sion regarding pending was adopted. through April 6, 2016 "Hunting and Target REPORTS litigation pursuant to Workers' Compensa- (Expiring term of Practice: City Manager Council Member Chapter 21.5(1)(c) of !tion Settlement Agree- White), Applicant: Dan - recommending appro- Lynch requested Coun- ce ' a Billing Clerk for Woodward Communications, Inc., an Iowa Code of Iowa. ment: Attorney Les iel White, 2919 Elm vai of an amendment cil concurrence on the — Motion by Jones to Reddick, representing Street. Upon Council to the Hunting/Target possibility of the City iublisher of the Telegraph Herald,a newspaper of general circulation convene in closed ses - the City of Dubuque, concurrence, Mayor Practice Ordinance operating the control sion at 5:40 p.m. to dis- recommending appro- Buol appointed Daniel which (remedies differ- tower at the Dubuque he City of Dubuque, County of Dubuque and State of Iowa; hereby cuss pending litigation val of an Agreement White to the Civil Serv- ences between the or- Regional Airport. City pursuant to Chapter for Settlement regard- ice Commission for a dinance and the Deer Manager Van Milligen attached notice was published in said newspaper on the following 21,5(1)(c) of Code of ing a Workers' Com- three -year term Management Program will refer the subject to Iowa seconded by pensation claim that through April 6, 2016. and also separates staff for a future agen- 0, 2013, and for which the charge is $264.60. Resnick. Motion car- was filed against the PUBLIC HEARINGS shotgun hunting and da. ried 7 -0. City of 'Dubuque by Upon motion the rules target practice from Mayor Buol reported Upon motion the City Transit employee were suspended allow- bow and arrow hunt- on the recent kickoff of Council reconvened in ,'Wayne - Strohmeyer. ing anyone present to ing. Motion by Connors the Mississippi - River open session at 6:32 ''Upon motion the docu- address the City Coun- to receive and file the Cities and Towns Initia- p.m. stating that staff ?ments were received, cil. documents and that tive in Washington had been given proper filed and approved.' Weaver Castle, LLC the requirement, that a D.C., an alliance of direction. 2013 Art on the River Development Agree- proposed ordinance be mayors working ? to There being no fur- Exhibition - Artwork ment for 324 -326 W. considered and voted bring conservation and ther business, upon Selection: Arts and Cul- Locust Street: Proof of on for passage at two economic issues af- motion the City Council 'tural Affairs Advisory publication on notice Council meetings prior fecting the Mississippi adjourned at 6:33 p.m. Commission request- of public hearing to ap- to the meeting at River to the attention /s /Kevin 5. Firnstahl, ing concurrence with prove a Development which it is to be passed of Federal Government. CMC, City Clerk the selection of art- Agreement with Wea- be suspended. Second- There being no fur - it 4/10 work for the 2013 Art ver Castle, LLC to rede- ed by Braig. Motion they business, upon CITY OF DUBUQUE, on the River Competi- velop property located carried 7 -0. motion the City Council IOWA tion. Upon motion the at 324 -326 W. Locust Motion by Connors for adjourned at 7:54 p.m. CITY COUNCIL documents were re- Street into four apart- final consideration and /s /Kevin Si. Firnstahl, PROCEEDINGS curred, filed and con- Manager recommend- City passage o sa20 -13f Amending 1t 4/10 CMC City Clerk before me, a Notary Public in and for Dubuque County, Iowa, REGULAR SESSION Community Develop- ing approval. Motion City of Dubuque Code Council met Dubuque egular ment Advisory Com- by Braig to receive and of Ordinances Title 7 ti1TS / day of �� 20 /3 session at 6:37 p.m. on ;mission: Commissioner file the documents and Police, Fire and Public April 1, 2013 in the His - Adam Rathje submit- adopt Resolution No. Safety, Chapter 5 Of - toric Federal Building, ting his resignation 105 -13 Approving issu- fenses, Article A Gen - 350 W. 6th Street. from the Community ance of Urban Renewal eral Offenses, Section Present: Mayor Buol• Development Advisory Tax Increment Reve- 7 -5A -16 Hunting and :r:�r:nn unnnnn_ m,a Ahlina }innc anti Tarnaf. DrartIrPOPYmIt- {SS: son et 7:4u p.m. t0 MS - cuss pending litigation pursuant to Chapter 21.5(1)(c) of Code of Iowa. Seconded by Resnick. Motion car- ried 7 -0. Upon motion the City Council reconvened in open session at 6:32 p.m. stating that staff had been given proper direction. There being no fur- ther business, upon motion the City Council adjourned at 6:33 p.m. /s /Kevin 5. Firnstahl, CMC, City Clerk 1t 4/10 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:37 p.m. on April 1, 2013 in the His- toric Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sutton; City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of con- ducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE MOMENT OF SILENCE May the spirit of wis- dom keep our hearts and minds open as we endeavor to serve the common good. PROCLAMATION(S) Week of the Young Child (April 14 -20, 2013) was accepted by Louise Ottavi, Chair, Advocacy /Public Awareness Committee for Dubuque County Early Childhood; and Pat Emerson, Child Care Director, Dubuque Community Y, and member of Dubuque Association for the Ed- ucation of Young Chil- dren. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Jones. Motion carried 7 -0. val of an Agreement for Settlement regard- ing a Workers' Com- pensation claim that was filed against the City of Dubuque by Transit employee Wayne Strohmeyer. Upon motion the docu- ments were received, filed and approved. 2013 Art on the River Exhibition - Artwork Selection: Arts and Cul- tural Affairs Advisory Commission request- ing concurrence with the selection of art- work for the 2013 Art on the River Competi- tion. Upon motion the documents were re- ceived, filed and con- curred. Community Develop- ment Advisory Com- mission: Commissioner Adam Rathje submit- ting his resignation from the Community Development Advisory Commission. Upon mo- tion the documents were received, filed and the resignation ac- cepted. Civil Service Commis- sion: Civil Service Com- mission submitting the certified list for the po- sition of Golf Course Technician. Upon mo- tion the document was received, filed and made a Matter of Re- cord. Shelter Plus Care Five -Year Grant Close- out: City Manager rec- ommending authoriza- tion for the Mayor to execute documents to close out the Fiscal Year 2007 Shelter Plus Care Five -Year Grant. Upon motion the docu- ments were received, filed and approved. Swift Water Adven- ture Tours - Docking Agreement: City Man- ager recommending approval of a docking agreement with Swift Water Adventure Tours to embark and disem- bark passengers at the Port of Dubuque Mari- na. Upon motion the documents were re- ceived, filed and ap- proved. McGraw -Hill Compa- nies - Second Amend- ment to Development Agreement: City Man- ager recommending approval of the Second White torthe Civil Serv- ice Commission for a three -year term through April 6, 2016. PUBLIC HEARINGS Upon motion the rules were suspended allow- ing anyone present to address the City Coun- cil. Weaver Castle, LLC - Development Agree- ment for 324 -326 W. Locust Street: Proof of publication on notice of public hearing to ap- prove a Development Agreement with Wea- ver Castle, LLC to rede- velop property located at 324 -326 W. Locust Street into four apart- ments and the City Manager recommend- ing approval. Motion by Braig to receive and file the documents and adopt Resolution No. 105 -13 Approving issu- ance of Urban Renewal Tax Increment Reve- nue Obligations and the execution of Devel- opment Agreement re- lating thereto with Weaver Castle, LLC. Seconded by Jones. Motion carried 7 -0. Request to Vacate University Avenue Ex- tension - MRJD Proper- ties: Proof of publica- tion on notice of public hearing to consider a request by MRJD Prop- erties to vacate a por- tion of University Ave- nue Extension adjacent to Iowa Auto Glass at 2796 University Avenue and the City Manager recommending appro- val. Motion by Lynch to receive and file the documents and adopt Resolution No. 106 -13 Disposing of City Inter- est Lot 2A University Extension Place in the City of Dubuque, Iowa; and Resolution No. 107- 13 Vacating a portion of University Avenue Extension in the City of Dubuque, Iowa. Sec- onded by Braig. Motion carried 7 -0. Upon motion the rules were reinstated limit- ing discussion to the City Council. ACTION ITEMS Sewer Revenue Capi- tal Loan Notes - Series 2013 State Revolving Fund Loan: City Man- ager recommending approval of the sug- ences between the or- dinance and the Deer Management Program and also separates shotgun hunting and target practice from bow and arrow hunt- ing. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Second- ed by Braig. Motion carried 7 -0. Motion by Connors for final consideration and passage of Ordinance No. 20 -13 Amending City of Dubuque Code of Ordinances Title 7 Police, Fire and Public Safety, Chapter 5 Of- fenses, Article A Gen- eral Offenses, Section 7 -5A -16 Hunting and Target Practice Permit- ted by separating the provisions for shotgun hunting and target practice from the pro- visions for bow and ar- row hunting and target practice, adding ap- proved times for hunt- ing and target practice within the City of Du- buque, adding a refer- ence to the annual Deer Management Pro- gram for bow and ar- row hunting, and in- serting an exception for events that have been approved through a Special Events Per- mit. Seconded by Jones. Motion carried 7 -0. Code of Ordinances - Weapons, Firearms and Fireworks: City Manager recommend- ing approval of an amendment to City Code Ordinances 7 -5A- 10: Weapons, Firearms and Fireworks to 'in- clude, among other changes, the wording to prohibit the firing and carrying of spring loaded and replica guns. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed Regional Airport. City Manager Van Milligen attached notice was published in said newspaper on the following will refer the subject to staff fora future agen- 0, 2013, and for which the charge is $264.60. da. Mayor Buol reported on the recent kickoff of the Mississippi River Cities and Towns Initia- tive in Washington D.C., an alliance of mayors working to bring conservation and economic issues af- fecting the Mississippi River to the attention of Federal Government. There being no fur- ther business, upon motion the City Council adjourned at 7:54 p.m. /s /Kevin 5. Firnstahl, CMC, City Clerk It 4/10 tnis�, before me, a Notary Public in and for Dubuque County, Iowa, day of , 20 / . Notary Public in and for Dubuque County, Iowa.