8 19 13 City Counci AgendaROLL CALL ORDER FOR MEETING OF 8/192013
Sutton, Braig, Buol, Connors, Jones, Lynch, Resnick
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
Historic Federal Building
350 W. 6th Street
August 19, 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).
WORIt SESSION
5:00 PM
Sustainable Dubuque Quarterly Work Session
Quailed,/ Sustainable Dubuque Work Session Agenda -MW Memo Work Session Agenda July Sustainable Dubuque Report
REGULAR SESSION
6:30 PM
PLEDGE OF ALLEGIANCE
PROCLAMATION(S)
1. Irish Hooley Day (August 24, 2013)
Irish Hooley DayProdamation,
2. Welcome College Students Week (August 19 -25, 2013)
Welcome College Students P rodamation
3. 50th Anniversary of the March on Washington for Jobs and F reedom (August 28, 2013)
Mardi on Washington Prodamaion
4. Geekthe Library Month (September 2013)
Geek the Library Month Prodamation
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 itemyou would like removedfromthe Consent Agenda for separate discussion and
consideration.
1. Minutes and Reports Submitted
Cable TV Commission of 6/5; City Council proceedings of 8/5; Community Development Advisory Commission
(revised) of 7117; Park and Recreation Commission (revised) of 6/25; Zoning Advisory Commission of 8/7; Proof of
Publication for City Council Proceedings of 7115 and 7/30; Proof of Publication for List of Clairns /Summary of Revenues
for month ending 6/30/13
Suggested Disposition: Receive and File
Cable TV Commission Minutes Council Proceedings 8/5 CDAC Minutes Park and Recreation Minutes Zoning Advisory
Commission Minutes Proof - Council Proceedings 7/15 Proof - Council Proceedings 7/30 Proof - List of Claims /Summary of
Revenues,
2. Notice of Claims and Suits
Brian Arbuckle for property damage; DeLos Bohnsock for properly damage; Diane Unsen for vehicle damage
Suggested Disposition: Receive and File; Refer to City Attorney
Arbuckle Claim flnhnsnck Claiip I Irmen 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: Brian Arbuckle for property damage; Delos Bohnsock for property damage;
Diane Unsen for vehicle damage
Suggested Disposition: Receive and File; Concur
ICAP Claims,
4. Parking License Agreement with Hillcrest Family Services
City Manager recommending approval of a one -year Parking License Agreement with Hillcrest Family Services, Inc. for
30 parking spaces in the Wilbright Lane parking lot in Flora Park.
Suggested Disposition: Receive and File; Approve
Parking License Agreement with Hillcrest Family Services -MVM Memo, Staff Memo Hillcrest - Parking License Agreement
5. SEP Green Alley Project Acceptance (Jackson and Washington Streets from 16th to 17th and Between
Jackson and White Streets from 17th to 18th)
City Manager recommending acceptance of the SEP Green Alley Permeable Pavers Project — Between Jackson and
Washington Streets from 16th to 17th and between Jackson and White Streets from 17th to 18th, as completed by
Drew Cook and Sons Excavating, Inc.
RESOLUTION Accepting the SEP Green Alley Permeable Pavers Project — Between Jackson & Washington Streets
from 16th to 17th and between Jackson & White Streets from 17th to 18th and authorizing the payment of the contract
amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
Acceptance of SEP Green Alley Protect between Jackson & Washington Streets -MVM Memo, Staff Memo, Resolution, Final
Payment Form
6. SEP Green Alley Permeable Pavers Project Acceptance (Between Loras Boulevard and Arlington Streets from
Prairie Street to Dell Street)
City Manager recommending acceptance of the SEP Green Alley Permeable Pavers Project — Between Loras
Boulevard and Arlington Streets from Prairie Street to Dell Street, as completed by Porten Construction, Inc.
RESOLUTION Accepting the SEP Green Alley Permeable Pavers Project — between Loras Boulevard and Arlington
Street from Prairie Street to Dell Street and authorizing the payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
Acceptance SEP Green Alley Project between Loras Boulevard and Arlington Streets -MVM Memo, Staff Memo, Resolution,
Final Payment Form,
7. Iowa and Locust Parking Ramps Restoration Project - Bid Rejection
City Manager recommending rejection of all bids for the Iowa and Locust Parking Ramps Repair Project and to rebid
the project under a different format at a later time.
RESOLUTION Rejecting public improvement - Iowa and Locust Street Parking Ramp Restoration Project Bid Package
#1
RESOLUTION Rejecting public improvement - Iowa and Locust Street Parking Ramp Restoration Project Bid Package
#2
Suggested Disposition: Receive and File; Adopt Resolution(s)
Iowa and Locust Repair Project -MVM Memo, Staff Memo, Resolution - Iowa and Locust Ramp Repair Project Bid Package 1
Resection, Resolution - Iowa and Locust Ramp Repair Protect Bid Package 2 Rejection ,
8. Acquisition Plat for Right -of -Way at Kerper Blvd. and 16th Street
City Manager recommending approval of the Acquisition Plat of Lot C of Bee Branch Subdivision No. 2 in the City of
Dubuque, Iowa, which provides additional right -of -way for Kerper Boulevard at the intersection of East 16th Street.
RESOLUTION Approving the Acquisition Plat of Lot C of Bee Branch Subdivision No. 2 in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
Kerper Boulevard Right -of -Way Plat -MVM Memo, Staff Memo, Resolution Right of Wav Map, Acquisition Plat Owner's
Certificate, Surveyors Certificate
9. PEG Capital Expenditure Request
City Manager recommending approval of the Cable TV Commission recommendations for funding from the Public,
Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities for Loras College to purchase
four HD cameras with which to produce programming for the shared educational access channel.
Suggested Disposition: Receive and File; Approve
PEG Capital Expenditure Request -MVM Memo, Staff Memo , Grant Application,
10. 2014 CLG Grant - Old Town Neighborhood National Register of Historic Places Nomination
City Manager recommending approval of a Certified Local Government (CLG) grant application to assist with preparing
a National Register of Historic Places nomination for the Old Town Neighborhood, located in the Washington
Neighborhood.
RESOLUTION Authorizing a CLG grant application to the State Historical Society of Iowa to prepare the Old Town
Neighborhood National Register of Historical Places nomination
Suggested Disposition: Receive and File; Adopt Resolution(s)
2014 CLG Grant -Old Town Neighborhood National Register of Historic Places -MVM Memo Staff Memo Old Town Map
Resolution, Grant Application ,
11. Request for Qualifications - Project Management for Brownfields Assessment Cooperative Agreement Project
City Manager recommending approval of the issuance of a Request for Qualifications for project management and
planning services for a Brownfields Assessment Cooperative Agreement Project.
Suggested Disposition: Receive and File; Approve
Brownfields Assessment Cooperative Agreement RFQ -MVM Memo, Staff Memo RFQ Document
12. City of Dubuque and the Dubuque County Board of Health Interagency Agreement
City Manager recommending execution of an Interagency Agreement between the City of Dubuque and the Dubuque
County Board of Health for inspection of pools and spas, tattoo parlors and tanning facilities in Dubuque County.
Suggested Disposition: Receive and File; Approve
Swimming Pool/Tanning/Tattoo Agreement -MVM Memo Staff Memo Dubuque County Agreement, Attachments A, B & C,
13. Housing Trust Fund Committee
Communication from Housing Commission Chairperson Jim Holz requesting Council approval to appoint
Commissioners Ricardo Woods and Dorothy Schwendinger as representatives on the Housing Trust Fund Committee.
Suggested Disposition: Receive and File; Approve
Housing Trust Fund Committee Appointment Request,
14. Alcohol Compliance Civil Penalty for Alcohol License Holders — Ron's Discount Smokes & Beverage Center
City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance
violation for Ron's Discount Smokes & Beverage Center at 1450 Loras Blvd.
Suggested Disposition: Receive and File; Approve
Alcohol Compliance Agreement - Ron's Discount Smokes & Beverages Center -MVM Memo, Police Memo, Agreement,
15. Tobacco Compliance — Civil Penalty for Tobacco License Holders — Ron's Discount Smokes & Beverage
Center
City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance
violation for Ron's Discount Smokes and Beverage Center at 1450 Loras Blvd.
Suggested Disposition: Receive and File; Approve
Tobacco Compliance Agreement - Ron's Discount Smokes & Beverages Center -MVM Memo, Police Memo, Agreement,
16. Health Innovation Grant Program Round 2 - Live Well, Dubuque Proposal
City Manager recommending that the City submit a Live Well, Dubuque Federal grant application.
Suggested Disposition: Receive and File; Approve
Live Well, Dubuque Grant Proposal -MVM Memo Staff Memo Submission Letter Narrative Document Grant Proposal,
Executive Overview Part I, Executive Overview Part II, Executive Overview Part III,
17. Signed Contracts
R &W Restoration Change Order No. 001 for the City Hall Masonry Rehabilitation (Tuck Pointing) Project
Suggested Disposition: Receive and File
Changed
R &W Restoration Change Order No. 001,
18. Improvement Contracts and Maintenance Bonds
Ted Stackis Construction for deconstruction of 20 W. 18th Street property.
Suggested Disposition: Receive and File; Approve
Stackis Construction Contract,
19. Alcohol License Applications
City Manager recommending approval of annual liquor, beer, and wine 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
Suggested Disposition: Receive and File; Adopt Resolution(s)
Liquor License Renewals -MVM Memo, Police Memo Resolution,
ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date indicated.
1. Fiscal Year 2014 Budget Amendment No 1.
City Manager recommending that a public hearing be set for September 3, 2013 for Fiscal Year 2014 Budget
Amendment No. 1.
RESOLUTION Setting the date for the public hearing on Amendment No. 1 to the Fiscal Year 2014 Budget for the City
of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 9/3/13
Fiscal Year 2014 First Budget Amendment -MVM Memo, Staff memo, Resolution, Budget Amendment Detail, Public Notice,
Amendment Public Hearing Notice
2. Water & Resource Recovery Center Catfish Station Electrical Repairs FEMA
City Manager recommending initiation of the bidding process for the Catfish Station Electrical Repairs FEMA Project,
and further recommends that a public hearing be set for September 16, 2013.
RESOLUTION (1) 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
(2) rescinding Resolution No. 234 -13
Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 9116113
Catfish Station Electrical Repairs FEMA -MVM Memo, Staff Memo, Resolution and Recinding, Notice of Public Hearing, Notice
to Bidders
BOARDS /COMMISSIONS
Appointments to the following commissions to be made at this meeting:
Housing Trust Fund Advisory Committee
One — 3 year term through September 8, 2016 (Expiring term of Walsh)
Applicant:
John Walsh, 3116 Spring Valley Rd.
Transit Advisory Board
One— 3 year term through July 30, 2016 (Expiring term of Knight)
Applicant:
Rhonda Knight, 250 West 6th St.
Zoning Board of Adjustment
One- 5 year term through March 25, 2016 (At -Will term of Klauer)
Applicant:
Jonathan McCoy, 263 Main St
This commission is subject to the State of Iowa Gender Balance Law, and the vacany has been posted for the required
90 days.
5 Commissioners total; currently 4 male/0 female
Boards Overview Sheet, Latest Listings, Vacancies List, Housing Trust Fund Advisory Committee Applicant, Transit Advisory
Added Late
Board Application, Zoning Board of Adjustment Application, 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. Code of Ordinances Title 16 Unified Development Code Amendment - Home -Base Businesses
Proof of publication on notice of public hearing to consider a request by Beverly Knockel to amend Section 7 -1.3 of the
City of Dubuque's Unified Development Code to add firearm sales to the list of prohibited home -based businesses and
the Zoning Advisory Commission recommending approval.
ORDINANCE Amending City of Dubuque Code of Ordinances, Title 16 Unified Development Code, Chapter 7
Supplemental Use Regulations Section 7 -1.3 Prohibited Home -Based Business Uses to add firearm sales as a
prohibited home -based business
Suggested Disposition: Receive and File; Motion B; Motion A
ZAC letter to Council , Applicant materials, Staff materials, Ordinance, Proof of Publication, Suggested Motion,
2. Weaver Castle, LLC Development Agreement for 346 -348 W. Locust Street
Proof of publication on notice of public hearing to consider approval of a development agreement with Weaver Castle,
LLC to redevelop the property located at 346 -348 W. Locust Street and the City Manager recommending approval.
RESOLUTION Approving the 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, LLC for 346-348 West Locust -MVM Memo Staff memo Resolution,
Development Agreement, Proof of Publication,
3. Sale of Property at 2318 Washington Street
Proof of publication on notice of public hearing to consider the disposal of City -owned real property located at 2318
Washington Street to Brian J. Nilles and the City Manager recommending approval.
RESOLUTION Approving the sale of real estate located at 2318 Washington Street, in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution(s)
Sale of Property at 2318 Washington Street -MVM Memo, Staff Memo, Resolution, Proof of Publication,
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. "Together we are one Dubuque" Public Art Proposal Presentation
Project Directors Geri Shafer and Gene Tully to present a public /private partnership public art proposal, "Together we
are one Dubuque, and we are a ripple."
Suggested Disposition: Receive and File; Council
Proposal, Ripple Presentation,
2. Addition of Sustainable Dubuque Community Health & Safety Principle
City Manager recommending approval of the addition of Community Health & Safety as the 12th principle in the
Sustainable Dubuque model.
Suggested Disposition: Receive and File; Approve
Addition of Health & Safety as 12th Sustainable Dubuque Principle -MVM memo, Staff Memo, Appendix A. Key Themes,
3. Sustainable Dubuque Community Grant Applications
City Manager recommending approval of Round 2 of the Sustainable Dubuque Community grant applications.
Suggested Disposition: Receive and File; Approve
Sustainable Dubuque Community Grant Recommendations -MVM Memo, Grant Recommendation Memo,
4. Purina Drive Barge Docking Facility Repair Project Award
City Manager recommending award of the contract for the Purina Drive Barge Docking Facility Repair Project to the
low bidder, Newt Marine and further recommends that the City Council recognize that there was an irregularity in the
original bid submittal from Newt Marine, waive its original unit pricing bid, and accept its clarified unit pricing.
City Attorney submitting information related to the project award.
Correspondence from Krista L. Taylor, President of Taylor Construction, Inc., requesting to address the City Council
regarding the project award.
Correspondence from Krista L. Taylor, President of Taylor Construction, Inc., expressing her concerns about how the
bid opening was handled.
RESOLUTION Awarding the public improvement contract for the Purina Drive Barge Docking Facility Repair Project
CIP #6802479
Suggested Disposition: Receive and File; Adopt Resolution(s)
Purina Drive Barge Docking Facility Repair Project -MVM Memo, Staff Memo , IIW Award Recommendation Resolution Bid
Tab, City Attorney Memo, Taylor Construction Request to Speak, Taylor Construction Letter of Concern, 8/5/13 Council
Documents
5. Ninth and Eleventh Streets One -Way to Two -Way Conversion Project Award
City Manager recommending award of the contract for the Ninth and Eleventh Streets One -Way to Two -Way
Conversion Project to the low bidder, Portzen Construction, Inc.
RESOLUTION Awarding public improvement contract for the 9th Street and 11th Street One -Way to Two -Way
Conversion Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
Award 9th and 11th St. One -way to Two -Way Conversion Project -MVM Memo, Staff Memo, Resolution, Bid Tab,
6. Request for Work Session - New Airport Terminal Building
City Manager recommending a work session be set for October 21, 2013 at 4:30 p.m. to tour the new Airport Terminal
Building.
Suggested Disposition: Receive and File; Council
Airport New Terminal Building Work Session -MVM Memo, Staff Memo ,
COUNCIL MEMBER REPORTS
PUBLIC INPUT
Changed
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