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8 5 13 Assistant Clerk's Skeleton Notes and Meeting CallsTO: Trish L. Gleason, Assistant City Clerk You are hereby directed to call a Special Session of the City Council to be held on Monday, August 5, 2013, at 5:00 PM in the Historic Federal Building for the purpose of conducting a work session on the Washington Neighborhood Market Analysis. Consent Items: Pages N/A oy D. Buol, Mayor TO: Trish L. Gleason, Assistant City Clerk You are hereby directed to call a Regular Session of the City Council to be held on Monday, August 5, 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 -6 Roy D. Buol, Mayor CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:00 p.m. on August 5, 2013 2013 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braia, Connors, Jones, Lynch, Resnick, Sutton; City Marger Van Milligen L_.; r-No\c,.lr, y Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on the Washington Neighborhood Market Analysis. WORK SESSION Washington Neighborhood Market Analysis Leo - a ■.0k5 c6-4 ,.. - i�� .r-n There being no further business upon motion the City Council adjourned at 6:04 p.m. It 8/14 Yays Nays ,/Sutton Haig ,Buol — Connors hones L ynch ,Resnick /s/Trish L Gleason, CMC Assistant City Clerk 1 CONSENT ITEMS Yays Nays ,/Sutton tBraig vBuol vConnors l/Jones 1 - VCynch VResnick 1. Minutes and Reports Submitted Arts and Cultural Affairs Advisory Commission of 6/25; Catfish Creek Watershed Management Authority of 4/25; City Council Proceedings of 7/15 and 7/30; Civic Center Advisory Commission of 7/29; Civil Service Commission of 7/12; Historic Preservation Commission of 6/20; Housing Commission of 6/25; Human Rights Commission of 6/10; Investment Oversight Advisory Commission of 7/24; Library Board of Trustees Update of 7/25; Sister City Relationships Advisory Commission of 7/10; Zoning Board of Adjustment of 7/25; Proof of publication for City Council Proceedings of 7/1 Suggested Disposition: Receive and File 2. Notice of Claims and Suits Sheryl Holder 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: Sheryl Holder for vehicle damage. Suggested Disposition: Receive and File; Concur 4. Government Finance Officers Association - Certificate of Achievement City Manager advising that the City of Dubuque has been awarded its 25th consecutive Certificate of Achievement for Excellence in Financial Reporting from the Government Officer's Finance Association (GFOA). Suggested Disposition: Receive and File 3 Yays Nays Sutton Braig Buol Connors Jones Lynch Resnick 8. Final Plat - English Ridge Subdivision No. 3 City Manager recommending approval of the final plat of English Ridge Subdivision No. 3. RESOLUTION 240 -13 Authorizing Approval of the Final Plat of English Ridge Subdivision No. 3 in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 9. Civil Service Commission Civil Service Commission submitting the Certified Lists for Mechanic, Medical Officer, Police Officer and Sanitation Driver. Suggested Disposition: Receive and File; Make Matter of Record 10. Lansing Brothers Construction Company - Amendment to Demolition Contract Award City Manager recommending approval of an Amendment to the Demolition Contract awarded to Lansing Brothers Construction Company for demolition of the flood - damages properties at 1711 Old Mill Road and 1654 Manson Road (garage). Suggested Disposition: Receive and File; Approve 11. Intercreditor Agreement - James Madison, LLC Loan Priority City Manager recommending approval of an Intercreditor Agreement with Premier Bank to clarify the relationship between mortgages for the German Bank Building. RESOLUTION 241 -13 Approving an Intercreditor Agreement between the City of Dubuque, Iowa and Premier Bank Suggested Disposition: Receive and File; Adopt Resolution(s) 5 Yays Nays Sutton Braig Buol Connors Jones Lynch Resnick 16. Delinquent Weed, Junk and Garbage Collection Assessments City Manager recommending the levy of special assessments for the Weed /Junk/Garbage Enforcement Program RESOLUTION 245 -13 Adopting the Schedule of Assessments for 2012 and directing the City Clerk to certify the schedule of assessments to the County Treasurer and to publish notice thereof Suggested Disposition: Receive and File; Adopt Resolution(s) 17. Novelty Iron Works Development - Assignment of Agreement City Manager recommending approval of an assignment of the Warehouse Trust LLC development agreement to a new limited liability company, Novelty Iron Landlord LLC, which will be managed and partially owned by Warehouse Trust LLC as well as two amendments to the Development Agreement. RESOLUTION 246 -13A Consenting to the Assignment Of The Development Agreement between the City of Dubuque, Iowa and Warehouse Trust, LLC to Novelty Iron Landlord, LLC RESOLUTION 236 -13B Approving the first amendment to the Development Agreement between the City of Dubuque, Iowa and Novelty Iron Landlord Suggested Disposition: Receive and File; Adopt Resolution(s) 18. Quarterly Investment Report City Manager transmitting the Quarterly Investment Report for June 30, 2013. Suggested Disposition: Receive and File 7 Yays Nays Sutton Braig Buol Connors Jones Lynch Resnick 22. Community Development Block Grant Agreement City Manager recommending authorization for the Mayor to execute the Community Development Block Grant Agreement with the U.S. Department of Housing and Urban Development for the program year beginning July 1, 2013 and ending June 30, 2014. RESOLUTION 247 -13 Authorizing execution of a Community Development Block Grant Agreement with the U.S. Department of Housing and Urban Development Suggested Disposition: Receive and File; Adopt Resolution(s) 23. Collective Bargaining Agreement Amendment - Operating Engineers Local 234 City Manager recommending approval of an Amendment to the Collective Bargaining Agreement with the International Union of Operating Engineers, Local #234, to provide for a work week that consists of ten hours per day and four days per week for full -time Public Safety Dispatchers effective October 1, 2013 through September 30, 2014. Suggested Disposition: Receive and File; Approve 24. City Manager Employment Agreement - 22nd Amendment Submittal of the 21st Amendment to the City Manager's Employment Agreement for approval. Suggested Disposition: Receive and File; Approve 25. Improvement Contracts / Performance, Payment and Maintenance Bonds Portzen Construction, Inc. for the 30 -Inch Sanitary Sewer Force Main Relocation Project Phase 1 (9th St. to 11th St.); Portzen Construction, Inc. for the 5th and Bluff Street Public Restroom Project; Skyline Construction for the Sidewalk Installation Area 2 McAlleece /Admiral Sheehy Dr.; Tschiggfrie Excavating, Inc. for the Sidewalk Installation Area 1 McAleece /Admiral Sheehy Dr.; Tschiggfrie Excavating, Inc. for the Highway 151/61 Water Main Relocation Project; Visu -Sewer for the FY 13 -14 Sewer Cured -in- Place Lining Project (CIPP) Suggested Disposition: Receive and File; Approve 9 ITEMS TO BE SET FOR PUBLIC HEARING 1. Sale of Property at 2318 Washington Street City Manager recommending setting a public hearing for August 19, 2013 to dispose of City -owned real property located at 2318 Washington Street to Brian J. Nilles. RESOLUTION NO. 249 -13 Resolution of Intention to dispose of City -owned property, Lot 1, Bee Branch Sub. No. 5 in the City of Dubuque, Iowa, According to the recorded Plat there of - 2318 Washington Street Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 8/19/13 Yays Nays ✓S-utton ,,Kraig , -Buol — Connors 1 hones -nch esnick 11 Appointments to the following commissions to be made at this meeting: 4. Building Code Board of Appeals One- 3 year term through August 1, 2016 (Expiring term of Kolf) Applicant: James Kolf, 114 Princeton PI. Yays Nays ✓Hutton ✓Braig ■11uol „?. Connors ,4ones lynch esnick 5. Civic Center Commission Two - 3 year terms one through June 29, 2015 and one through June 29, 2016 (Vacant terms of Kurt and Fuller) Applicants: Tyler Daugherty, 418 Emmett St. Adrienne Scott, 471 1/2 Locust St. Ms. Scott has also applied for Human Rights Commission and the Safe Community Advisory Committee Yays Nays - Sutton —Kraig vBuol I -'Connors ✓Jbnes vLvnch ,.,Resnick 13 8. Safe Community Advisory Committee One — 1 year term through December 31, 2013 (Vacant term of Callahan) Applicant: Adrienne Scott, 471 1/2 Locust St. Ms. Scott has also applied for Human Rights Commission and the Civic Center Commission Yays Nays vutton -raig uol a_ ,vConnors ✓Jones L L, ch Resnick 2. Ninth and Eleventh Streets One -Way to Two -Way Conversion Project Proof of publication on notice of public hearing to consider approval of plans, specifications, form of contract, and the estimated cost for the 9th Street and 11th Street One- Way to Two -Way Conversion Project and the City Manager recommending approval. RESOLUTION 251 -13 Approval of plans, specifications, form of contract, and estimated cost for the 9th Street and 11th Street One -Way to Two -Way Conversion Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays ✓Sutton /raig -'Buol VEonnors hones s-4..ynch Resnick 17 4. Gavilon Grain, LLC Lease Agreement - Dove Harbor Site Proof of publication on notice of public hearing to consider disposal of an interest in City -owned real property by lease agreement with Gavilon Grain, LLC for 7.87 acres of industrial riverfront property at Dove Harbor RESOLUTION 253 -13 Approving disposal of an interest in real property owned by the City of Dubuque in the Dove Harbor area by lease agreement with Gavilon Grain, LLC Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays mutton 1 /13-raig c/Buol —Connors -nes VLynch 2 snick 19 6. Sale of City Owned Property at 2234 Washington Street Proof of publication on notice of public hearing to consider disposal of City -owned property located at 2234 Washington Street to Abram and Leah Miller and the City Manager recommending approval. RESOLUTION 255 -13 Approving the sale of real estate specifically 2234 Washington Street Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays ■Sutton aig L/E1uol 2 •nnors ✓Jones u/Cynch ufit‘nick 21 8. Iowa and Locust Street Parking Ramps Repair Project Proof of publication on notice of public hearing to consider approval of the plans, specifications, form of contract, and estimated cost for the Iowa and Locust Street Parking Ramps Repair Project and the City Manager recommending approval. RESOLUTION 258 -13 Approval of plans, specifications, form of contract, and estimated cost for Iowa and Locust Street Parking Ramp Repair Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yays -4utton �- l raig Nays t/Buol ,,,C-onnors ✓Jones I ✓>Cynch ,Resnick REINSTATE THE RULES Yays Nays -'Sutton - '1raig .�uol ,Connors ,Jones ,L-ynch fiesnick 23 2. Dubuque Main Street - Getting Results Report Dubuque Main Street Executive Director Dan LoBianco to provide a report on Getting Results, the Economic Impact of Main Street Iowa, 1986 -2012. Suggested Disposition: Receive and File Yays Nays tton Craig of ,.,Connors 4ones ,./Lynch - Resnick 25 II. Dubuque County Wellness Coalition Correspondence from the Dubuque County Wellness Coalition requesting that the City Council make healthy living and well -being a focus and priority for Dubuque and requesting to address the City Council on the topic. Suggested Disposition: Receive and File Yays Nays 4utton .g. -43raig Luol / Connors ✓Jones yCynch Resnick 27 11 5S6 L o r L NPo ("°r °c.1 S.0=-4(3 6. Code of Ordinances Title 10 Amendment - Animals, Definitions and Descriptions City Manager recommending an ordinance amendment permitting leashed dogs and cats on certain trails, adding definitions, restricting horse drawn vehicles, establishing clean -up requirements, and revising park, open space and trail descriptions. ORDINANCE 42 -13 Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 5 Parks and Recreation by adding definitions relating to animals; restricting horse drawn 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; and revising park, open spaces and trail descriptions Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays. 1/Sutton -aig uoi vConnors ) ,/Jones h 7 nc esnick V CL' Final Reading and Adopt Yays Nays ✓Sutton Araig ✓�uol .Connors ■.tones �-L nc h 7 esnick 29 %1G1 r"; r�c� 8. Fiscal Year 2014 Dubuque County REAP Plan Update City Manager recommending approval of the City's update to the Fiscal Year 2014 Dubuque County REAP Plan and REAP grant application for Phase 4 of the Iowa 32 (Northwest Arterial) Bike /Hike Trail. RESOLUTION 259 -13 Authorizing REAP Grant Application to Iowa Department of Natural Resources for Phase 4 of the Iowa 32 Bike /Hike Trail Suggested Disposition: Receive and File; Adopt Resolution(s), Council Representative r\OrS iS Rip Yays Nays ,S-utton Lraig -uol ✓Aonnors ✓.tones ✓Cynch snick 31 10. Dubuque Industrial Center South PCC Paving and Utilities 2013 Project - Award of Contract City Manager recommending award of the contract to the low bidder, Horsfield Construction, for the Dubuque Industrial Center South PCC Paving and Utilities Project. RESOLUTION 260 -13 Awarding public improvement contract for the Dubuque Industrial Center South Paving and Utilities - 2013 Project. Suggested Disposition: Receive and File; Adopt Resolution(s) Yays ✓Sutton i4raig ,�uol Nays ./Connors ✓Jones -L ch ?- ✓Resnick 33 12. Southwest Arterial Project - Right -of -Way Property Acquisition Establishing Fair Market Value City Manager recommending adoption of a resolution establishing and setting the Just Compensation Valuation (Fair Market Value) for two parcels of property owned by Jon Luckstead to be acquired for the Southwest Arterial Project based on the certified Acquisition Appraisal and Review Appraisal reports. RESOLUTION 262 -13 Establishing the fair market value of real property for the Southwest Arterial Project, directing good faith negotiations for the acquisition of property and authorizing the commencement of Eminent Domain proceedings, if necessary, to acquire property. Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays ✓Sutton —Braig L1 o l 'Eonnors hones ,,Lynch ,esnick 35 COUNCIL MEMBER REPORTS PUBLIC INPUT CLOSED SESSION @ B 39 Pending Litigation and Property Acquisition - Chapter 21.5(1)(c)(j) Code of Iowa Yays '-Sutton Haig .UOI Nays ,Aonnors f -"Jones -�L nch ,Resnick RECONVENED IN OPEN SESSION @ ' co ADJOURNMENT @ Yays ✓S� tton Nays �Braig uol Connors ones it ynch /Resnick 37