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7 1 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, July 1, 2013, at 6:30 PM in the Historic Federal Building for the purpose of conducting such business that may properly come before the City Council. Consent Items: Pages 1 -4 o re . Connors, Mayor Pro -Tem CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on July 1, 2013 in the Historic Federal Building, 350 W. 6t" Street. % Present: Mayor Pro Tem Connors; Mayor Buol (vid'phone); Council Members Braig, Jqnes, Ly .ch, Repick, St n; City Man r Van Milligen, City Attorney Lindahl Mayor Pro Tem Connors read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE MOMENT OF SILENCE May the spirit of wisdom keep our hearts and minds open as we endeavor to serve the common good. PROCLAMATION(S) Disabilities Month (e 013) was accepted by PRESENTATION(S) 1. Dubuque Recognized for Climate Protection Efforts at U.S. Conference of Mayors Meeting 2. Lead -Safe for Kids' Sake t74 &'fro boz /igir6 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 3/ Assistant City Manager Cindy Steinhauser to present the 2013 All 7 erica City Award from the National Civic League. 4. Iowa Department of Transportation 2012 Most Improved Transit System Award soft to present the 2012 Most Improved Transit System award from the Iowa Department of Transportation for the Jule Transit System. Jule SI .1- •• 0/41-(1-11 0,42A/7-/ 4a 46,00c -; //op& inee_ 1 Yays Nays 17 Resnick Sutton Braig 1/ Buol V Connors V/ Jones 1./j Lynch CONSENT ITEMS 1. Minutes and Reports Submitted Airport Commission of 5/4, Arts and Cultural Affairs Advisory Commission of 5/28, City Council proceedings of 6/17, Housing Commission of 5/28, Housing Code Appeals Board of 9/18/12, Human Rights Commission of 5/13, Park and Recreation Advisory Commission of 5/14 Suggested Disposition: Receive and File 2. Notice of Claims and Suits Claim by Stephen Collins for vehicle damage and Joan and Vernon Puls for property 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: Joan and Vernon Puls for property damage. Suggested Disposition: Receive and File; Concur 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 2 Yays Nays Resnick Sutton Braig Buol Connors Jones Lynch 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 /'9"3Awarding Public Improvement Contract for FY2013 and FY2014 Sewer Cured -In -Place Pipe (Cipp) Lining Project Suggested Disposition: Receive and File; Adopt Resolution(s) 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 7. FY 2014 Annual Action Plan Amendment 1 City Manager recommending approval of the FY2014 Annual Action Plan Amendment 1 for the Community Development Block Grant (CDBG) program. RESOLUTION / 9c- 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) 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 3 dm/724Jr Yays Nays Resnick Sutton 1/ Braig i Buol jConnors Jones Lynch z/'`aaa&e ,4fr_A- 59 /JrQ/< / k4/ P L 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 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. Sawvell. RESOLUTION ` Approving the acquisition of real estate owned by Michael J. and Victoria L. Sawvell Suggested Disposition: Receive and File; Adopt Resolution(s) 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 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 4 Yays Nays Resnick Sutton Braig Buol Connors Jones Lynch 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 4/4/ 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) 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 Miller in the City of Dubuque Approving the acquisition of real estate owned by Gene Suggested Disposition: Receive and File; Adopt Resolution(s) 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 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 5 Yays Nays Resnick Sutton Braig Buol Connors Jones Lynch 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 18. Radio Tower Capital Improvement Project City Manager recommending approval of an adjustment to the CIP 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 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. Suggested Disposition: Receive and File 20. Signed Contracts Walker Restoration Consultants contracts related to repairs in the Iowa Street and Locust Street parking ramps. Suggested Disposition: Receive and File 21. Improvement Contracts and Maintenance Bonds Tschiggfrie Excavating, Inc., for the Highway 151/61 Water Main Relocation Project Suggested Disposition: Receive and File; Approve 6 Yays Nays Resnick Sutton Braig Buol Connors Jones Lynch 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) 7 ITEMS TO BE SET FOR PUBLIC HEARING 1. Dubuque Industrial Center South PCC Paving and Utilities Project, 7/15/13 2. Dove Harbor Development and Lease, 8/5/13 3. City Salt Site Development and Lease, 8/5/13 Yays. Nays Resnick ixa Sutton Braig Buol Connors Jones Lynch 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 d 9( 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 7/15/13 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 p ocedures 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 8/15/13 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. 8 RESOLUTION O3 (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 9 BOARDS /COMMISSIONS 1. Investment Oversight Advisory Commission One — 3 year terms through July 1, 2016 (expiring term of Ruden) Applicant: Gary Ruden, 325 W 1st Street s Nays Resnick tton Brai Buol Connors Jones Lynch Appointments to the following commissions to be made at this meeting: 2. Community Development Advisory Commission One — 3 year term through February 15, 2016 (vacant term of Koshakji) Applicant: Mary Bridget Corken, 2353 Martin Dr. Yays Nays V Resnick o/ Sutton 112 Braig Buol V Connors Jones 4Z2 Lynch 3. 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 Yays Nays ✓p . Resnick 2' Sutton t/ Braig — Buol j/ Connors ti Jones Lynch 4. 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 Yays Nays ✓p . Resnick 1/ Sutton t/ Braig Buol Connors Jones Lynch 11 Yays Nays Resnick Sutton Braig Buol Connors -Jones Lynch PUBLIC HEARINGS SUSPEND THE RULES 6,4 1. Weaver Castle, LLC — Development Agreement for 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 CJ 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) REINSTATE THE RULES This action limits iscpssion to the City Council. Yays Nays Resnick V Sutton V Braig Buol Y' ✓a Connors,/ Jones y/ Lynch v frvhi 12 ACTION ITEMS 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 4:2-- 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) Yayss Nays 2/ Resnick Sutton Braig V Buol Connors 1/? Jones i/- Lynch Aw7 nom %�� , igia)/0-", m,/,/w5 � s i .47// *(A0/ 13 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 ZI 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 Suspend the Readings Yays; Nays V Resnick i/ Sutton /b2, Braig V Buol V Connors Jones 2/ Lynch ,0W/P Final Reading and Adopt Yays Nays V Resnick i/ Sutton . Braig Buol 1/ Connors Jones Lynch 14 3. Code of Ordinances - Southwest Arterial Corridor and EastNVest 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 East/West Corridor Study Areas. ORDINANCE 3-r 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 2-1 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 4' Amending City of Dubuque Code of Ordinances Title 16 Unified Developmen Code, Chapter 11 Land Subdivision, Section 16 -11 -2 Applicability by Extending the Moratorium ORDINANCE L7 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 Suspend the Readings Yays Nays i/c7/- Resnick I/ Sutton f/j2- Braig 1/ Buol I/ Connors Jones )/�' Lynch Final Reading and Adopt Yays Nays Resnick I/ Sutton f/j2- Braig 1/ Buol I/ Connors Jones )/�' Lynch 15 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. SuggesJgd Disposition: Receive and File; Council 9447/2-# Yays Nays / Resnick Sutton j/ Braig V Buol V Connors Jones Lynch 45 16 7/./ 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 Yays Nays Resnick I Sutton Braig 2 Buol t/ Connors Jones Lynch 9yrm - /n y e'% )47/izei/— -/b/Ww-te beiyo( 21)0,-- kdidid % 097A )7# ‘t, /&e_ *fr-/` -0077- lw?Lee M,A fb "7,7ieg7" 1/14/ e 727/A0 A M 17 COUNCIL MEMBER REPORTS PUBLIC INPUT CLOSED SESSION �i 6 Pending Litigation and Property Acquisition - Chapter 21.5(1)(c)(j) Code of Iowa Yays Nays v Resnick Sutton Braig Buol i/' Connors fr / Jones 1/ Lynch ADJOURNMENT d �. yay Nays Resnick Sutton Braig Buol Connors Jones Lynch 18 Ifikk 60# la) lad 007-7 1/4/ ,ede Aid-WY 014z g AiiAg A/6/ &'027-e ,d454/1/( ze*-e, */frise/z/Ai-lai7 d,d6 dt, d e-A kiA hiz/44 "1/ Rib -.4/ e- -97k, ,41/ ,4y/x/ h661.A.sz /2ke, ///3-/)-7 4/i2/2/ii'e, /4/5/1 AO/ .610-7. -//m//400,/e/i,aid 74t7t -, ~id/7 /H „/film —,ci 0P ,04/7i-10/4&/7 Siifr e*fre,d-ae**&,7 4,w43 72(?)9frAi, 1.497//)4 f14 /1,/,e2EA-d'ovl e/›7 4 ,/,,/,6ary 0/ d>7 5/- /-d/ *,172 AWM7 9/i~ RbA