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7 1 13 City Council AgendaROLL CALL ORDER FOR MEETING OF 7/1/2013 Resnick, Sutton, Braig, Buol, Connors, Jones, Lynch CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING Historic Federal Building 350 W. 6th Street July 1, 2013 Council meetings are video streamed live and archived at www.citvofdubuaue.ora /media and on Dubuque's CityChannel on the Mediacom cable system at Channel8 (analog) and 85.2 (digital). REGULAR SESSION 6:30 PM PLEDGE OF ALLEGIANCE MOMENT OF SILENCE May the spirit of wisdom keep our hearts and nlnds open as we endeavor to serve the common good. PROCLAMATION(S) 1. Disabilities Month (June 2013) Disabilities Month Proclamation PRE SE NTATION(S) 1. Dubuque Recognized for Climate Protection Efforts at U.S. Conference of Mayors Meeting 2. Dubuque awarded $50,000 at U.S. Conference of Mayors meeting through the DuPont "Lead -Safe for Kids' Sake" grant competition 3. National Civic League - 2013 All America City Award Assisant City Manager Cindy Steinhauserto present the 2013 All America City Award from the National Civic League. 4. Iowa Department of Transportation 2012 Most Improved Transit System Award Interim Transit ManagerJodi Johnson to present the 2012 Most Improved Transit System award from the Iowa Department of Transportation for the Jule Transit System. Jule - I DOT Award CONSENT ITEMS The consent agenda items are considered to be routine and non - controversial and all consent items will 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 ilemyou would like removedfromthe Consent Agenda for separate discussion and consideration. 1. Minutes and Reports Submitted Airport Commission of 514, Arts and Cultural AffairsAdvisory Commission of 5128, City Council proceedings of 6117, Housing Commission of 5/28, Housing Code Appeals Board of 9118112, Human Rights Commission of 5113, Park and Recreation Advisory Commission of 5114 Suggested Disposition: Receive and File {Vrport Minutes 5/k Arts Commission 508 Council Proceedings 6/17 Snmmunitv Devalnnment Advisory Commission MinutesR- 19 -11 Housing Minutes508 J-lousina Code Appeal Board Minutes 9M8119 Human Rinhts51111 Minutes auk. and Recreation Minutes 5/14 2. Notice of Claims and Suits Claim by Stephen Collins for vehicle damage and Joan and Vernon Puls for properly damage. Suggested Disposition: Receive and File; Refer to City Attorney Changed Collins Claims, Puls 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 Communities Assurance Pool: Joan and Vernon Puls for property damage. Suggested Disposition: Receive and File; Concur ICAP Claims, 4. Purchase of Services Agreement - Project Concern Information and Referral (CDBG) City Manager recommending approval of a Purchase of Service Agreement for Fiscal Year 2014 with Project Concern, Inc. to help provide financial counseling and medical services information and referral services to low- and moderate - income residents of the City of Dubuque. Suggested Disposition: Receive and File; Approve FY14 Protect Concern Purchase of Services Agreement IR &R City Manager Memo Staff Memo Agreement, 5. Sewer Cured -in -Place Pipe (CIPP) Lining Project Award City Manager recommending the award of the contract to the low bidder, Visu- Sewer, Inc, RESOLUTION Awarding Public Improvement Contract for FY2013 and FY2014 Sewer Cured -In -Place Pipe (Cipp) Lining Project Suggested Disposition: Receive and File; Adopt Resolution(s) FY2013 & FY2014 Sewer Cured -in -Place Pipe (CIPP) Lining Prolect -MVM Memo, Sewer Cured -in -Place Pipe (CIPP) Lining Proiect- Award Memo Sewer Cured -in -Place Pipe (CIPP) Lining Proiect - Resolution CIPP Lining Proiect - Bid Tab, 6. Purchase of Services Agreement Opening Doors (CDBG) City Manager recommending approval of a Purchase of Service Agreement for Fiscal Year 2014 with Opening Doors for operational costs for Teresa Shelter and Maria House, a transitional facility. Suggested Disposition: Receive and File; Approve FY14 Purchase of Services CDBG Opening Doors agreement City Manager Memo, Staff Memo, Agreement 7. FY 2014 Annual Action Plan Amendment 1 City Manager recommending approval of the FY2014 Annual Acton Plan Amendment 1 for the Community Development Block Grant (CDBG) program. RESOLUTION Approving Fiscal Year 2014 (Program Year 2013) Annual Action Plan Amendment 1 for Community Development Block Grant (CDBG) Funds. Suggested Disposition: Receive and File; Adopt Resolution(s) FY2014 Community Development Block Grant Annual Action Plan Amendment 1 -MVM Memo, Staff Memo, Resolution, 8. Chaplain Schmitt Island Master Plan Consultant Selection City Manager recommending approval to retain the Cunningham Group as the consultant for the Chaplain Schmitt Island Master Plan and authorize City staff to negotiate a contract for services. Suggested Disposition: Receive and File; Approve Consultant Selection for Chaplain Schmitt Island Master Plan -MVM Memo Staff memo Request for Proposal Vendor Proposal , 9. Citizen Correspondence - Maus Park Correspondence from Connie Kintzle, President of the Dubuque County Conservation Society, regarding a restoration of Maus Park be included in the South Port Project. Suggested Disposition: Receive and File Conservation Society Letter, 10. Acquisition of Property - 20 W. 18th Street City Manager recommending approval to purchase property at 20 West 18th Street owned by Michael J. and Victoria L. Sawve I I. RESOLUTION Approving the acquisition of real estate owned by Michael J. and Victoria L. Sawvell Suggested Disposition: Receive and File; Adopt Resolution(s) Acquisition of Property at 20 West 18th Street -MVM Memo, Staff Memo, Resolution, Purchase Agreement, 11. Federal Emergency Management Agency (FEMA) - North Catfish Creek City Manager transmitting information regarding correspondence from the Federal Emergency Management Agency (FEMA) advising that the modifications to the flood plain for a portion of the North Fork of the Catfish Creek, the Federal Insurance Rate Map (FIRM), and the Federal Insurance Study Report (FISR) now are in effect. Suggested Disposition: Receive and File FEMA Correspondence re North Catfish Creek LOMR -MVM Memo, Staff memo, FEMA correspondence Map, 12. 2013 Justice Assistance Grant (JAG) Application City Manager recommending approval of the 2013 Justice Assistance Grant (JAG) application from the Edward Byrne Memorial Assistance Grant program. Suggested Disposition: Receive and File; Approve 2013 JAG Grant Application -MVM Memo, Staff Memo, 13. State Recreational Trail Grant - MRT Side Trip Grant Application City Manager recommending approval of the application for State Recreational Trail grant funds for the Hales Mill Loop and the resolution authorizing the Mayor to sign and submit the application for State Recreational Trail grant funds for the Hales Mill Loop. RESOLUTION Authorizing State Recreational Trails Grant Application to Iowa Department of Transportation for development of Iowa 32 Trail portion of Hales Mill Loop Suggested Disposition: Receive and File; Adopt Resolution(s) Application for State Recreation Trails Grant -MVM Memo, Staff Memo, Resolution, � Grant Application, Tri -State Trail Vision Letter of Support, Asbury support letter, Hales Mill Extension Support Letter 14. Property Acquisition - 2424 Washington Street City Manager recommending approval of the Resolution approving the Offer to Buy Real Estate and Acceptance for property located at 2424 Washington Street owned by Gene Miller. RESOLUTION Approving the acquisition of real estate owned by Gene Miller in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s) Purchase of 2424 Washington Street, Dubuque, Iowa -MVM Memo, Staff Memo, Offer To Buy Real Estate, Acknowledgment Of Voluntary Negotiation Resolution Approving Acquisition 15. Dubuque County Early Childhood Board Correspondence from Chairperson Julie Woodyard inviting a member of the City Council to serve on the Dubuque County Early Childhood Board. Suggested Disposition: Receive and File DCEC Letter Brochure, Membership Application, Job Description, Executive Summary 16. Environmental Protection Agency (EPA) Correspondence from U.S. EPA Region 7 Public Affairs Specialist Debra King submitting a public meeting notice announcing a proposed plan and public comment periods for the Peoples Natural Gas Superfund site in the City of Dubuque. Suggested Disposition: Receive and File EPA Public Hearing Notice, 17. Immanuel Congregational United Church of Christ Correspondence from Emmanuel Congregational United Church of Christ thanking the City for the permeable paver alley from 17th to 18th Streets between Jackson and White Streets and inviting the Council to a Rally in the Alley celebration on July 7, 2013. Suggested Disposition: Receive and File Emmanuel CUCC Letter, 18. Radio Tower Capital Improvement Project City Manager recommending approval of an adjustment to the CI P project for the radio tower that will allow the money to be used to upgrade the current tower instead of moving to a new tower. Suggested Disposition: Receive and File; Approve Radio Tower GIP -MVM Memo, Staff memo, Racom Proposal, Racom Bid to Remove Police Equipment, 19. City Assessor's Office City Assessor Rick Engelken transmitting Notices of Appeal and Petition for property tax appeals filed with the Property Assessment Appeal Board. Petition 1, Petition 2, 20. Signed Contracts Walker Restoration Consultants contracts related to repairs in the Iowa Street and Locust Street parking ramps. Suggested Disposition: Receive and File Walker Restoration Contract 21. Improvement Contracts and Maintenance Bonds Tschiggfrie Excavating, Inc., for the Highway 151/61 Water Main Relocation Project Suggested Disposition: Receive and File; Approve Tschiggfrie Contract and Bond, 22. Alcohol and Tobacco License Applications City Manager recommending approval of annual liquor, beer, wine and tobacco 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 RESOLUTION Approving applications for retail cigarette /tobacco sales permits, as required by Iowa Code 453A.47A Suggested Disposition: Receive and File; Adopt Resolution(s) Liquor License Renewals -MVM Memo, Police Memo, Liquor Resolution, Tobacco Resolution, ITEMS TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. 1. Dubuque Industrial Center South PCC Paving and Utilities City Manager recommending initiation of the bidding process for the Dubuque Industrial Center South PCC Paving and Utilities — 2013 Project, and further recommend that a public hearing be set for July 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 Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 7115113 Dubuque Industrial Center South PCC Paving and Utilities -MVM Memo, Staff Memo Resolution, Notice to Bidders, Rise Cost Estimate, 2. Dove Harbor City Manager recommending authorization of a 30 -day public notice on the competitive disposition of approximately 7.87 acre site Dove Harbor. RESOLUTION (1) Approving the minimum requirements, competitive criteria, and offering procedures for the development and the lease of certain real property and improvements in the Greater Downtown Urban Renewal District; (2) Determining that the lease submitted by Gavilon Grain, LLC satisfies the offering requirements with respect to the real property and improvements and declaring the intent of the City Council to approve the lease with Gavilon Grain, LLC in the event that no competing proposals are submitted; and (3) soliciting competing proposals. Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 8 -5 -13 Dove Harbor site MVM Memo, Staff Memo, Resolution Lease Agreement Dove Harbor Site Lease Map., 3. City Salt Site City Manager recommending authorization of a 30 -day public notice on the competitive disposition of approximately 6.02 acre Salt Site located adjacent to the Peosta Channel. RESOLUTION (1) Approving the minimum requirements, competitive criteria, and offering procedures for the development and the lease of certain real property and improvements in the Greater Downtown Urban Renewal District; (2) Determining that the lease submitted by Gavilon Grain, LLC. satisfies the offering requirements with respect Added Late Added Late to the real property and improvements and declaring the intent of the City Council to approve the lease with Gavilon Grain, LLC. in the event that no competing proposals are submitted; and (3) Soliciting competing proposals. Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 8 -5 -13 City Salt Site MVM Memo. Staff Memo Resolution, Lease Agreement, City Salt Site Lease Map BOARDS /COMMISSIONS Review of applications to the following Boards /Commissions: Applicants are invited to address the City Council regarding their desire to serve on the following Boards/Commissions. Investment Oversight Advisory Commission One — 3 year terms through July 1, 2016 (expiring term of Ruden) Applicant: Gary Ruden, 325 W 1st Street Appointments to the following commissions to be made at this meeting: Community Development Advisory Commission One — 3 year term through February 15, 2016 (vacant term of Koshakji) Applicant: Mary Bridget Corken, 2353 Martin Dr. Historic Preservation Commission (Reconsideration) (Code of Ordinance requires appointment of a historic district resident over an interim commissioner) One — 3 year terms through July 1, 2016 (expiring terms of McDonell; Jackson Park District) Applicant: Benjamin Beard, Churchill St (application removed) Robert M. McDonell, 135 West 17th St. This commission is subject to the State of Iowa Gender Balance Law Zoning Advisory Commission One — 3 year term through July 1, 2016 (expiring term of Norton) Applicant: Patrick Norton, 920 Valentine Dr. This commission is subject to the State of Iowa Gender Balance Law Boards Overview Sheet Latest Listings Investment Oversight Advisory Commission Application Community Development Advisory Commission Application, Historic Preservation Commission Application, Zoning Advisory Commission Application, Gender Balance 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 - 346 -348 W. Locust Street Proof of publication on notice of public hearing to consider a Development Agreement with Weaver Castle, LLC to redevelop the property located at 346 -348 West Locust Street and the City Manager recommending approval. RESOLUTION Approval disposal of an interest in real property owned by the City of Dubuque by sale through a Development Agreement with Weaver Castle, LLC Suggested Disposition: Receive and File; Adopt Resolution(s) Development Agreement with Weaver Castle for 346 -348 West Locust Street -MVM Memo, Staff Memo, Resolution, Signed Development Agreement, 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. 30 -Inch Force Main Replacement Project Phase I Award City Manager recommending award of the contract for the 30 -Inch Force Main Relocation Project from 7th Street to 12th Street around the former Public Works Garage Site and the Alliant Energy site to the low bidder, Portzen Construction. RESOLUTION Awarding public improvement contract for the 30 -Inch force Main Relocation Project Phase I from 9th Street to 11th Street Suggested Disposition: Receive and File; Adopt Resolution(s) Phase I of 30 Inch Force Main Project -MVM Memo, Staff Memo, Resolution Bid Tabulation, 2. Code of Ordinances - Title 8 Human Rights Amendment City Manager recommending approval of an amendment to Dubuque Ordinance Section 8 -3A -2, which deals with defenses, exemptions and exclusions to the disability protections. ORDINANCE Amending City of Dubuque Code of Ordinances Title 8 Human Rights, Chapter 3 Unfair and Discriminatory Practices, Article A Disability Discrimination, Section 8 -3A -2 Defenses, Exemptions and Exclusions by moving transvestism, transexualism and gender identity from Criminal Behavior to General Exclusion Suggested Disposition: Receive and File; Motion B; Motion A Proposed Ordinance Amendment -MVM Memo, Staff Memo , Ordinance Amendment, Effect of Amendment 3. Code of Ordinances - Southwest Arterial Corridor and East/West Corridor Moratorium Amendments City Manager recommending adoption of four ordinances, which extend the moratoriums for construction, rezoning, subdivision review, and site plan approval in the Southwest Arterial Corridor and the EastNVest Corridor Study Areas. ORDINANCE Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 2 Building Construction, Demolition and Moving, Section 14 -2 -4 Moratorium for Construction or Other Work on Certain Streets, Areas or Facilities by Extending The Moratorium ORDINANCE Amending City of Dubuque Code of Ordinances Title 16 Unified Development Code, Chapter 9 Zoning Advisory Commission Applications and Procedures, Section 16 -9 -5 -3 City Council Action by Extending Moratorium ORDINANCE Amending City of Dubuque Code of Ordinances Title 16 Unified Development Code, Chapter 11 Land Subdivision, Section 16 -11 -2 Applicability by Extending the Moratorium ORDINANCE Amending the City of Dubuque Code of Ordinances Title 16 Unified Development Code, Chapter 13 Site Design Standards, Section 16 -13 -2 Applicability by Extending the Moratorium Suggested Disposition: Receive and File; Motion B; Motion A Southwest Arterial Corridor and EastNVest Corridor Moratoriums -MVM Memo Staff memo Ordinance 1, Ordinance 2, Ordinance 3, Ordinance 4 Maps, 4. Convention and Visitors Bureau Advisory Committee Correspondence from President and CEO Keith Rahe requesting two City Council appointments to the Dubuque Convention and Visitors Bureau Advisory Committee in addition to the representative already serving on the Board of Directors. Suggested Disposition: Receive and File; Council CVB Letter, 5. Purchase and Installation of Security Cameras City Manager recommending approval of purchase and installation of additional security cameras. Suggested Disposition: Receive and File; Approve Purchase and Installation of Security Cameras -MVM Memo Attachment I, Attachment II, 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. CLOSED SESSION Pending Litigation and Property Acquisition - Chapter 21.5(1)(c)(j) Code of Iowa ADJOURNMENT