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8 19 13 Clerk's Skeleton Notes and Meeting CallsTO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a Special Session of the City Council to be held on Monday, August 19, 2013, at 5:00 PM in the Historic Federal Building for the purpose of conducting a work session on Sustainable Dubuque. Consent Items: Pages n/a 90/Roy_a_Bil' c;-Mayvr'- Jv\(eE Cr . eahiu 6 4° S Mei 46A /lc 7C/i) TO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a Regular Session of the City Council to be held on Monday, August 19, 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 Roy D. Buol, Mayor CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION 4 The Dubuque City Council met in special session at 5t0' p.m. on August 19, 2013 2013 in the Historic Federal Building, 350 W. 6th Street. VIOYI Present: Mayor Council Members Braig, mss, Joie Ly�ich, Re k, y iXutton; City Manager Van Milligen 2zz,/,4 pia 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 Sustainable Dubuque. M0719 ";/2d WORK SESSION ustainable Dubuque - 1 //C yoi 170,44/i/ /4 ;/a " ‘572//S elde %� There being no fu er business upon motion th 1t 8/28 Yays Nays Sutton Braig j Buol ✓/ Connors V Jones !I% Lynch Resnick �1�5j 5 4646i/ * City Coun it adjourned atZ�p.m.oe� /s /Kevin S. Firnstahl, CMC City Clerk 1 /2ez - 6e6P--/Ply RI 674 Auv, Syfd, ��,r,Ud.%r�cfr CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 5:00 p.m. on August 19, 2013 2013 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor ifiGol; Council Members Brig Corlpors, Jo$ LyiteK, Repe4c, on; City Manager Van Milligen f� Mayor Buol read the call and stated this is a special 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) 1. Irish Hooley Day (August 24, 2013) was accepted by 2. Wpicome Col -le S dents _Week (August 19 -25, 2013) was accepted by 3. 50th Anniversary of the March on Was 2013) was accepted by NR-, �7�v�"� 4. G ?the Library Moth (September 2013) was accepted by o for Jobs a d Freedom August 28, /4 04f) _toeet),/fool -5/4 4a,b/ifilo ega6--111,/,t(hi,9p-/ CONSENT ITEMS Yays Nays Sutton v Braig Buol _Connors V Jones L - Lynch i/j Resnick 1. Minutes and Reports Submitted Cable TV Commission of 6/5; City Council proceedings of 8/5; Community Development Advisory Commission (revised) of 7/17; Park and Recreation Commission (revised) of 6/25; Zoning Advisory Commission of 8/7; Proof of Publication for City Council Proceedings of 7/15 and 7/30; Proof of Publication for List of Claims /Summary of Revenues for month ending 6/30/13 Suggested Disposition: Receive and File 2. Notice of Claims and Suits Brian Arbuckle for property damage; DeLos Bohnsock for property damage; Diane Unsen 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: Brian Arbuckle for property damage; Delos Bohnsock for property damage; Diane Unsen for vehicle damage Suggested Disposition: Receive and File; Concur 4. Parking License Agreement with Hillcrest Family Services City Manager recommending approval of a one -year Parking License Agreement with Hillcrest Family Services, Inc. for30 parking spaces in the Wilbright Lane parking lot in Flora Park. Suggested Disposition: Receive and File; Approve 3 Yays Nays Sutton Braig Buol Connors Jones Lynch Resnick 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 263 -13 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) 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 Portzen Construction, Inc. RESOLUTION 264 -13 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) 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 265 -13 Rejecting public improvement - Iowa and Locust Street Parking Ramp Restoration Project Bid Package #1 RESOLUTION 266 -13 Rejecting public improvement - Iowa and Locust Street Parking Ramp Restoration Project Bid Package #2 Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Sutton Braig Buol Connors Jones Lynch Resnick 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 267 -13 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) 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 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 268 -13 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) 5 Yays Nays Sutton Braig Buol Connors Jones Lynch Resnick 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 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 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 14. Alcohol Compliance Civil Penalty for Alcohol License Holders — Ron's Discount Smokes & Beverage Center ity 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 6 Yays Nays Sutton Braig Buol Connors Jones Lynch Resnick 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 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 17. Signed Contracts R &W Restoration Change Order No. 001 for the City Hall Masonry Rehabilitation (Tuck Pointing) Project Suggested Disposition: Receive and File 18. Improvement Contracts and Maintenance Bonds Ted Stackis Construction for deconstruction of 20 W. 18th Street property. Suggested Disposition: Receive and File; Approve 19. Alcohol License Applications City Manager recommending approval of annual liquor, beer, and wine licenses as submitted. RESOLUTION 269 -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 Suggested Disposition: Receive and File; Adopt Resolution(s) 7 ITEMS TO BE SET FOR PUBLIC HEARING Yays , Nays V Sutton Braig 1/ Buol r761— Connors VJones l� Lynch 77. Resnick 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 270 -13 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 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 271 -13 (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 9/16/13 8 BOARDS /COMMISSIONS Appointments to the following commissions to be made at this meeting: 1. Housing Trust Fund Advisory Committee One — 3 year term through September 8, 2016 (Expiring term of Walsh) Applicant: John Walsh, 3116 Spring Valley Rd. Yays Nays V Sutton 4 Braig Buol //"A Connors ✓ Jones �j Lynch 1- Resnick 2. Transit Advisory Board One— 3 year term through July 30, 2016 (Expiring term of Knight) Applicant: Rhonda Knight, 250 West 6th St. Yaysy Nays Sutton Braig Buol Connors ✓ Jones Lynch 1/ Resnick Continued 3. Zoning Board of Adjustment One— 5 year term through March 25, 201 ,i(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 vacancy has been posted for the required90 days. 5 Commissioners total; currently 4 male /0 female Yays Nays Sutton v Braig Buol Connors r/ Jones V Lynch Resnick 10 PUBLIC HEARINGS SUSPEND THE RULES Yays Nays V Sutton 1/ Braig V Buol Connors Jones / Lynch 1V Resnick 616i 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 7Supplemental Use Regulations Section 7 -1.3 Prohibited Home -Based Business Uses to add firearm sales as a prohibited home -based business Sug este Di o iti eceiv and File; Motion B; Motion A S..s asilii4e teitiings Yays Nays Sutton 1/ Braig Buol Connors Jones Lynch Resnick ,//1/7.10fj,„i, i&-,ke‘37//4 /z/ ,o// gb,(60/ ���d,Rvewy j/7, /ate #/kyx_ ivkhOih ifokfriVoyfr/dr-Vo/A Aoemslz- 4z,m Final Reading and Adopt Yays Nays Sutton Braig Buol Connors Jones Lynch Resnick xA�^�'�114F OOP P 6 4402 1/ e0-7- 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 272 -13 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) Yays Nays Sutton j/ Braig Buol Connors L1// Jones Lynch 17 Resnick R47 12 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 2318Washington Street to Brian J. Nilles and the City Manager recommending approval. RESOLUTION 273 -13 Approving the sale of real estate located at 2318 Washington Street, in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Sutton v7 Braig i/ Buol Connors i Jones j' Lynch v0� Resnick REINSTATE THE RULES This action limits discussion to the City Council. Yays Nays Sutton j/ Braig Buol Connors i Jones Lynch Resnick 13 ACTION ITEMS 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." Sug st d Di position: Receive and File; Council fras 44/ Yays Nays Sutton Braig Buol Connors Jones Lynch Resnick uvg- GA's 'Rio afql... 6414 iliedviift- frie " id/4say hborr� % 3 TiL 410* PYI froe/r ZIOfi 9oite /ie eitfiedy iy1,64- /eke �j- )44- A1/7" a AH// 14 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 Y/ aayys Nays Sutton Braig Buol Connors Jones Lynch Resnick 117,7 15 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 Yays Nays Sutton Braig Buol Connors Jones Lynch Resnick 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. Cor ponde a rom 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 274 -13 Awarding the public improvement contract for the Purina Drive Barge Docking Facility Repair Project CIP #6802479 Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays )/ Sutton Braig v Buol // Connors 4 Jones 1/ Lynch Resnick APR 46/' 4(/fr - P-0~ MoiA44 B/D IA/4 4.,07iiiii,V910 )'1)4 Alhid��� Ata, d4d/b 6/A- 0Q/ yr4 -i/0/ ze/W)06 yald /o 41 $iD 4/19- R/00 13o/1/ ,11/11,1)- �r�O�*imar,�l�6� t�ewiv�/ Yays Nays Sutton laBraig Buol Connors Jones t/ Lynch Resnick L/ K57 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 275 -13 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) 18 /7. 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. B Suggested Disposition: Receive and File; Council G, Yays Nays 1/ Sutton Braig 1/ Buol Connors 1/ Jones Lynch Resnick 20 COUNCIL MEMBER REPORTS PUBLIC INPUT /a) CLOSED SESSION P ding Litigation and Property Acquisition - Chapter 21.5(1)(c)(j) Code of Iowa Yays Nays tton Br Connors Jones Lynch Resnick There being no further business, upon motion the City Council adjourned at L. ADJOURNMENT Yays Nays V Sutton Braig 1/ Buol k/� Connors Jones Lynch i- Resnick 1/8/28 /s /Kevin S. Firnstahl, CMC City Clerk 21