Minutes_City Councl Proceedings 8 5 13CITY 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 in
the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick,
Sutton; City Manager Van Milligen
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
Neighborhood Division Specialist Jerelyn O'Connor, Housing and Community
Development Director, Alvin Nash, Economic Development Coordinator, Megan Starr,
Acting Economic Development Director Phil Wagner, and AICP and LEED A P,
Principal Scott Goldstein presented an overview of the completed and ongoing projects
in the Washington Neighborhood and there positive effects.
There being no further business upon motion the City Council adjourned at 6:04 p.m.
1t 8/14
/s /Trish L Gleason, CMC
Assistant City Clerk
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CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on August 5, 2013 in
the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members: Braig, Connors, Jones, Lynch, Resnick,
Sutton; City Manager Van Milligen, City Attorney Lindahl
Mayor Buol 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
PROCLAMATION(S)
Chamber Volunteer Appreciation Day (August 8, 2013) was accepted by Damian Waid,
Membership Manager, Dubuque Area Chamber of Commerce.
Red Cross River View Barbeque Day (August 15, 2013) was accepted by Red Cross
Board Chair: Tom Stricker, and Board Members: Mark Da!sing and Joe Blodgett.
Attendance Awareness Month (September 2013) was accepted by Shirly Horseman,
Dubuque Community Schools and Nicole Yockey, Attendance Coordinator, Dubuque's
Campaign for Third Grade Reading.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose
of as indicated. Seconded by Resnick. Motion carried 7 -0.
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. Upon motion the documents were received and filed.
Notice of Claims and Suits: Sheryl Holder for vehicle damage. Upon motion the
documents were received, filed and referred to the City Attorney.
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. Upon motion the documents were
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received, filed and concurred.
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). Upon motion the documents were received and filed.
Area Residential Care Easement Agreement Proposed Amendment: City Manager
recommending approval of the First Amendment to Easement Agreement with Area
Residential Care to outline the responsibility for pavement markings and the purchase
of benches and outside improvements. Upon motion the documents were received and
filed and Resolution No. 238 -13 approval of the First Amendment to Easement
Agreement between the City of Dubuque, Iowa and Area Residential Care, Inc. was
adopted.
Federal Transit Administration Authorizing Resolution: City Manager recommending
approval of a Resolution allowing Candace Eudaley, the new Director of Jule Transit
Operations, to submit applications and other reporting documents to the Federal Transit
Authority on behalf of the City of Dubuque. Upon motion the documents were received,
filed and Resolution 239 -13 Authorizing the Director of Jule Transit Operations file
applications with the Federal Transit Administration, an Operating Administration of the
United States Department of Transportation, for Federal Transportation Assistance
Authorized by 49 U.S.C. Chapter 53 Title 23 United States Code and other Federal
Statutes administered by the Federal Transit Administration was adopted.
Traffic Engineer Position: City Manager recommending approval to eliminate one
Engineering Technician position and create an additional Traffic Engineer position in the
Engineering Department. Upon motion the documents were received, filed and
approved.
Final Plat - English Ridge Subdivision No. 3: City Manager recommending approval of
the final plat of English Ridge Subdivision No. 3. Upon motion the documents were
received, filed and Resolution 240 -13 Authorizing approval of the Final Plat of English
Ridge Subdivision No. 3 in the City of Dubuque, Iowa was adopted.
Civil Service Commission: Civil Service Commission submitting the Certified Lists for
Mechanic, Medical Officer, Police Officer and Sanitation Driver. Upon motion the
documents were received and filed.
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). Upon
motion the documents were received, filed and approved.
Inter - creditor Agreement - James Madison, LLC Loan Priority: City Manager
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recommending approval of an Inter - creditor Agreement with Premier Bank to clarify the
relationship between mortgages for the German Bank Building. Upon motion the
documents were received, filed and Resolution 241 -13 Approving an Inter - creditor
Agreement between the City of Dubuque, Iowa and Premier Bank was adopted.
Shelter Plus Care Program Contract: City Manager recommending approval of a
contract with the U.S. Department of Housing and Urban Development for
administration of the Shelter Plus Care Program. Upon motion the documents were
received, filed and approved.
Wilbur Street Retaining Wall: City Manager transmitting information on the need to
replace a failing private retaining wall located in the City right -of -way along 610 Wilbur
Street. Upon motion the documents were received, filed and Resolution 242 -13
Authorizing emergency repairs to the retaining wall adjacent to 610 Wilbur Street and
the Wilbur Street Pavement was adopted.
Hartig Timber -Hyrst Place No. 2 Acceptance of Storm Sewer Easement: City Manager
recommending acceptance of a storm sewer easement from Robert A. and Beth M.
Hartig for a recently constructed storm sewer across Lot 1 Timber Hyrst Place No. 2 in
the City of Dubuque. Upon motion the documents were received, filed and Resolution
243 -13 Accepting the grant of an Easement for storm sewer through, over and across a
part of Lot 1 of Timber -Hyrst Place No. 2 in the City of Dubuque, Iowa was adopted.
Timber Hyrst Estates No. 2 and Timber Hyrst Place No. 2 - Acceptance of Storm Sewer
Improvements: City Manager recommending acceptance of the storm sewer
improvements in Timber Hyrst Estates No. 2 and Timber Hyrst Place No. 2, which the
owners, Robert and Beth Hartig, have recently completed. Upon motion the documents
were received, filed and Resolution No. 244 -13 Accepting storm sewer improvements in
Timber Hyrst Estates No. 2 and Timber Hyrst Place No. 2 was adopted.
Delinquent Weed, Junk and Garbage Collection Assessments: City Manager
recommending the levy of special assessments for the Weed /Junk /Garbage
Enforcement Program. Upon motion the documents were received, filed and 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 was adopted.
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. Upon motion the documents were received, filed and
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; and Resolution 236 -13B Approving the first amendment to the
Development Agreement between the City of Dubuque, Iowa and Novelty Iron Landlord
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were adopted.
Quarterly Investment Report: City Manager transmitting the Quarterly Investment
Report for June 30, 2013. Upon motion the documents were received and filed.
City Development Board - Annexation of 13034 Seippel Road: Correspondence from
the City Development Board advising the City that it will consider the proposal to annex
13034 Seippel Road (Hillcrest Family Services) at the August 14, 2013 meeting of the
City Development Board. Upon motion the documents were received and filed.
City Assessor's Office: Correspondence from City Assessor Rick Engelken providing a
list of property tax appeals that have been filed with the Iowa Property Assessment
Appeal Board for the 2013 assessment. Upon motion the documents were received and
filed.
Growing Sustainable Communities Conference Contract with Sustainable City Network:
City Manager recommending approval of an agreement with Sustainable City Network,
Inc. and Woodward Communications for co- management of the 6th Annual Growing
Sustainable Communities Conference to be held September 24 and 25, 2013. Upon
motion the documents were received, filed and approved.
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. Upon motion the
documents were received, filed and Resolution No.247 -13 Authorizing execution of a
Community Development Block Grant Agreement with the U.S. Department of Housing
and Urban Development was adopted.
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. Upon
motion the documents were received, filed and approved.
City Manager Employment Agreement - 22nd Amendment: Submittal of the 21st
Amendment to the City Manager's Employment Agreement for approval. Upon motion
the documents were received, filed and approved.
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
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151/61 Water Main Relocation Project; Visu -Sewer for the FY 13 -14 Sewer Cured -in-
Place Lining Project (CIPP). Upon motion the documents were received, filed and
approved.
Signed Contracts: IIW Engineers for design services related to the E.B. Lyons
Interpretive Center Addition; MEP Engineers, LLC for the Fire Station #4 Mechanical
and Restroom Upgrade Capital Improvement Project; Mercy Medical Center Security
Services Agreement. Upon motion the documents were received and filed.
Alcohol License Applications: City Manager recommending approval of annual liquor,
beer, and wine licenses as submitted. Upon motion the documents were received, filed
and Resolution 248 -13 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 was adopted.
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Jones to receive and file the documents, adopt the resolutions, set the public
hearings as indicated, and direct the City Clerk to publish notice as prescribed by law.
Seconded by Braig. Motion carried 7 -0.
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. Upon motion the documents were received,
filed and Resolution No. 249 -13 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 was adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on August 19, 2013 in the Historic Federal Building.
BOARDS /COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on
the following Boards /Commissions.
Housing Trust Fund Advisory Committee: One - 3 year term through September 8, 2016
(Expiring term of Walsh) Applicant: John Walsh, 2116 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.
Appointments to the following boards and commissions:
Building Code Board of Appeals: One— 3 year term through August 1, 2016 (Expiring
term of Kolf) Applicant: James Kolf, 114 Princeton PI. Motion by Braig to reappoint
James Kolf to the Building Code Board of Appeals for a 3 -year term through August 1,
2016. Seconded by Connors. Motion carried 7 -0.
Civic Center Commission: Two — 3 year terms, one through June 29, 2015 and one
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through June 29, 2016 (Vacant terms of Kurt and Fuller) Applicants: Tyler Daugherty,
418 Emmett St. Adrienne Scott, 471 1/2 Locust St. Motion by Connors to appoint Tyler
Daugherty to a 3 -year term through July 1, 2015 and Adrienne Scott to a 3 -year term
through July 1, 2016 on the Civic Center Commission. Seconded by Jones. Motion
carried 7 -0.
Housing Commission: Three — 3 year terms through August 17, 2016 (Expiring terms of
Root and Schwendinger. Vacant term of McAllister) Applicants: Judie Root, 2312
Washington St., Dorothy Schwendinger, 3525 Windsor Ave., Ricardo Woods, 1535 Bluff
St. #2. Motion by Jones to reappoint Judie Root, and Ricardo Woods and to appoint
Dorothy Schwendinger, each to a 3 -year term through August 17, 2016. Seconded by
Resnick. Motion carried 7 -0.
Human Rights Commission: One — 3 year term through January 1, 2016 (Vacant term of
Root) Applicants: Tom LoGuidice, 786 Stone Ridge PI. Christopher Ostwinkle, 3678
Pennsylvania Ave. Apt 0 -183 (Additional Applicant) Adrienne Scott, 471 1/2 Locust St.
Upon roll call vote of 4 -3 (Jones, Lynch and Resnick voting for Ostwinkle), Tom
LoGuidice was appointed to the Human Rights Commission for a 3 year term through
January 1, 2016
Safe Community Advisory Committee: One — 1 year term through December 31, 2013
(Vacant term of Callahan) Applicant: Adrienne Scott, 471 1/2 Locust St. Motion by Jones
to appoint Adrienne Scott to the Safe Community Advisory Committee for a 1 -year term
through December 31, 2013 Seconded by Connors. Motion carried 7 -0.
PUBLIC HEARINGS
SUSPEND THE RULES
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Purina Drive Barge Docking Facility Repair Project: Proof of publication on notice of
public hearing to consider the approval of plans, specifications, form of contact and
estimated cost for the Purina Drive Barge Docking Facility Repair Project and the City
Manager recommending approval. Motion by Braig to receive and file the documents
and adopt Resolution No. 250 -13 Approval of plans, specifications, form of contract, and
estimated cost of the Purina Drive Barge docking Facility Repair Project. Seconded by
Connors. Motion carried 7 -0.
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 11 th Street One- Way to Two -
Way Conversion Project and the City Manager recommending approval. Motion by
Jones to receive and file the documents and adopt Resolution No. 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 Seconded by Connors. Motion carried
6 -1 with Resnick voting Nay.
Elm Street Reconstruction Project 9th to 12th Streets Proof of publication on notice of
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public hearing to consider approval of the plans, specifications, form of contract and
estimated cost for the Elm Street Reconstruction Project (9th to 12th Streets) and the
City Manager recommending approval. Motion by Connors to receive and file the
documents and adopt Resolution No. 252 -13 Approval of plans, specifications, form of
contract, and estimated cost for Elm Street Reconstruction Project (9th to 12th), Iowa
DOT Project No. TCSP -- 052 - 2(129)-- 95-31. Seconded by Braig. Motion carried 7 -0.
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. Motion by Braig to receive and file the documents and adopt Resolution
No. 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.
Seconded by Resnick. Motion carried 7 -0.
Gavilon Grain, LLC Lease Agreement - City Salt Site: Proof of publication on notice of
public hearing to consider the disposal of City -owned property by lease agreement to
Gavilon Grain, LLC of approximately 9.66 acres in total, 6.02 usable acreage) located in
the area known as the Salt Site and the City Manager recommending approval. Motion
by Connors to receive and file the documents and adopt Resolution No. 254 -13
Approving the disposal of in interest in real property owned by the City of Dubuque at
the Salt Site by lease agreement with Gavilon Grain, LLC. Seconded by Braig. Motion
carried 7 -0.
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. Motion by Lynch to receive and file the documents and adopt Resolution No.
255 -13 Approving the sale of real estate specifically 2234 Washington Street. Seconded
by Connors. Motion carried 7 -0.
Eagle Point Water Plant, Lot 339 - Grant of Easement for Private Utilities: Proof of
publication on notice of public hearing to consider the granting of an easement across a
portion of the Eagle Point Water Plant property to accommodate proposed water and
sewer service lines to Charles R. and Colleen R. Sroka for their property at 2561 Front
Street and the City Manager recommending approval. Motion by Lynch to receive and
file the documents and adopt Resolution No. 256 -13 Granting easement for private
utility to Charles R. and Colleen S. Sroka for an underlying portion of Lot 339 of Eagle
Point (AKA Ham's Addition) and Resolution No. 257 -13 Disposing of City interest by
Grant of Easement for private utility to Charles R. and Colleen S. Sroka for an
underlying portion of Lot 339 of Eagle Point (AKA Ham's Addition). Seconded by
Resnick. Motion carried 7 -0.
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
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City Manager recommending approval. Motion by Lynch to receive and file the
documents and adopt Resolution No. 258 -13 Approval of plans, specifications, form of
contract, and estimated cost for Iowa and Locust Street Parking Ramp Repair Project.
Seconded by Braig. Motion carried 7 -0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Grand River Center Annual Report: Mitzi Yordy, Manager of the Grand River Center,
made a presentation on the 2012 -2013 Annual Report. Motion by Lynch to receive and
file the documents and listen to the presentation. Seconded by Resnick. Motion carried
7 -0.
Dubuque Main Street - Getting Results Report: Dubuque Main Street Executive Director
Dan LoBianco provided a report on Getting Results, the Economic Impact of Main
Street Iowa, 1986 -2012. Motion by Connors to receive and file the documents and listen
to the presentation. Seconded by Braig. Motion carried 7 -0.
Dubuque Rescue Mission - Conditional Use Permit Request: Correspondence from
Dubuque Rescue Mission Executive Director Rick Mihm requesting that poultry be
allowed at the community gardens located behind the 4th Street Parking Ramp. Motion
by Braig to receive and file the documents and allow up to twelve chickens and no
roosters at the community gardens. Seconded by Connors. Motion carried 7 -0. City
Attorney Lindahl advised Council that this item is not a conditional use permit rather
granting permission under the current lease. Restated Motion by Braig to receive and
file the documents and allow up to twelve chickens and no roosters at the community
gardens under their current lease agreement. Seconded by Connors. Motion carried 7-
0.
Dubuque County Wellness Coalition: Michelle Malone and Jean Daoud from the
Dubuque County Wellness Coalition spoke regarding a request that the City Council
make healthy living and well -being a focus and priority for Dubuque. Motion by Connors
to receive and file the documents. Seconded by Braig. Motion carried 7 -0.
Roshek Building Status Update: Bill Callahan of Dubuque Initiatives and Heather Vetter
of Honkamp Krueger spoke regarding the status of the Roshek Building. Motion by
Connors to receive and file the documents. Seconded by Braig. Motion carried 7 -0.
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.
Motion by Jones to receive and file the documents and that the requirement that a
proposed ordinance be considered and voted on for passage at two Council meetings
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prior to the meeting at which it is to be passed be suspended. Seconded by Resnick.
Motion carried 7 -0.
Motion by Jones for final consideration and passage of Amended Ordinance No. 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. Seconded by Resnick. Motion
carried 7 -0.
Code of Ordinances Title 9 Amendment - Roadways Laned for Traffic: City Manager
recommending approval of changes in City Ordinances 9- 7- 321.306 Roadways Laned
for Traffic. Motion by Connors to receive and file the documents and that the
requirement that a proposed ordinance be considered and voted on for passage at two
Council meetings prior to the meeting at which it is to be passed be suspended.
Seconded by Jones. Motion carried 7 -0.
Motion by Connors for final consideration and passage of Ordinance No. 43 -13
Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic,
Chapter 7 Operation, Division 6 Driving on Right Side of Roadway; Overtaking and
Passing, Section 9- 7- 321.306 Roadways Laned For Traffic By Removing The reference
to Three Lanes of Travel, adding references to the Designated Pavement Markings
and /or official traffic control devices and amending the provision which allows for driving
in the center lane of travel in preparation for making a left turn when nearest the
driveway or intersection where a driver intends to turn, and removing the Slow Moving
Vehicle Section Seconded by Braig. Motion carried 7 -0.
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.
Motion by Braig to receive and file the documents and adopt Resolution No. 259 -13
Authorizing REAP Grant Application to Iowa Department of Natural Resources for
Phase 4 of the Iowa 32 Bike /Hike Trail and appoint Council person Connors to the
REAP committee. Seconded by Resnick. Motion carried 7 -0.
Code of Ordinances - U.S. Hwy 20 Development Moratorium: City Manager
recommending approval of four ordinances to create the 12 -month moratorium for the
Highway 20 Corridor Study Area. Motion by Jones to receive and file the documents
and that the requirement that a proposed ordinance be considered and voted on for
passage at two Council meetings prior to the meeting at which it is to be passed be
suspended. Seconded by Connors. Motion carried 7 -0.
Motion by Jones for final consideration and passage of Ordinance No. 44 -13
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 adding an
Additional Study Area and Ordinance No. 45 -13 Amending City of Dubuque Code of
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Ordinances Title 16 Unified Development Code, Chapter 9 Zoning Advisory
Commission Applications and Procedures, Section 16 -9 -5 -3 City Council Action by
adding an Additional Study Area and Ordinance No. 46 -13 Amending City of Dubuque
Code of Ordinances Title 16 Unified Development Code, Chapter 11 Land Subdivision,
Section 16 -11 -2 Applicability by adding an Additional Study Area and Ordinance No. 47-
13 Amending The City of Dubuque Code of Ordinances Title 16 Unified Development
Code, Chapter 13 Site Design Standards, Section 16 -13 -2 Applicability by adding an
Additional Study Area. Seconded by Connors. Motion carried 7 -0.
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.
Motion by Lynch to receive and file the documents and adopt Resolution No. 260 -13
Awarding public improvement contract for the Dubuque Industrial Center South Paving
and Utilities - 2013 Project. Seconded by Resnick. Motion carried 7 -0.
Elm Street Reconstruction Project (9th to 12th Streets) - Award of Contract: City Manager
recommending award of the contract to the low bidder, Horsfield Construction, Inc., for
the Elm Street Reconstruction Project (9th to 12th Streets). Motion by Braig to receive
and file the documents and adopt Resolution No. 261 -13 Awarding Public Improvement
Contract for the Elm Street Reconstruction Project (9th to 12th), Iowa DOT Project No.
TCSP - 052 - 2(129)-- 95 -31. Seconded by Connors. Motion carried 7 -0.
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. Motion by Jones to receive
and file the documents and adopt Resolution No. 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. Seconded by Connors. Motion carried 7-
0.
Human Rights - Request for Work Session: City Manager requesting a work session
with the City Council before the regularly scheduled City Council meeting on September
3, 2013 from 5:00 p.m. to 6:15 p.m. Motion by Lynch to receive and file the documents
and set the work session as recommended. Seconded by Braig. Motion carried 7 -0.
CLOSED SESSION
Motion by Jones at 8:39 p.m. to convene in closed session to discuss pending
litigation and property acquisition pursuant to Chapter 21.5(1)(c)(j) Code of Iowa.
Seconded by Resnick. Motion carried 7 -0.
Upon motion, the City Council reconvened in open session at 9:00 p.m. stating that
staff had been given proper direction.
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There being no further business, upon motion the City Council adjourned at 9:02 p.m.
1t 8/14
s /Trish L. Gleason, CMC
Assistant City Clerk
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