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