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4 7 14 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, April 07, 2014 at 5:00 PM in the Historic Federal Building for the purpose of conducting a work session on community engagement. Consent Items: Pages n/a Roy D. Buol, Mayor TO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a Regular Session of the City Council to be held on Monday, April 07, 2014 at 6:30 PM in the Historic Federal Building for the purpose of conducting such business that may properly come before the City Council. 0 LI Roy D. Buol, Mayor Consent Items: Pages 1-4 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:00 p.m. on April 7, 2014 in the Historic Federal Building, 350 W. 6th Street. -resent: Mayor F iol; Council Members -Brai ; CoGr(nors, JoKs, Ly,reh, Remick, utton; City Manager-Milligen, City Attor Lindahl Absent: 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 community engagement. WORK SESSION Community Engagement fH% Adjournment: L� Yays Nays ,Graig— j/ Buol 1/ / Connors p/ Jones j Lynch - Resnick v Sutton CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on April 7, 2014 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Sib Council Members 8'Faig, C ors, Jc' L ch, RT' vSutton; City Manager VanI�11 ilIigen, City Attorn Lindahl A 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. PROCLAMATION(S) 1. Smart Money Week (April 5-12, 2014): 2. Week of the Young Child (April 6-20, 2014) 2 /Foixie CONSENT ITEMS Yays Nays // Braig !/ Buol Vg. Connors j/ Jones 2// Lynch V Resnick i/ Sutton 1. Minutes and Reports Submitted Airport Commission of 3/24; Arts and Cultural Affairs Advisory Commission of 2/25; Cable TV Commission of 3/5; City Council proceedings of 3/17; Community Development Advisory Commission of 3/19; Proofs of Publication for City Council Proceedings of 3/3, 3/5 and 3/17; Proof of Publication for List of Claims and Summary of Revenues for Month Ending 2/28 Suggested Disposition: Receive and File 2. Notice of Claims and Suits Alliant Energy for property damage (2), Ken Dryer for vehicle damage, Easy Street Bar (David Schmitt) for property damage, Karen Gabrielson for property damage, Jill O'Malley for vehicle damage, James Ridley for property damage, Steven Schumacher for property damage, Terra Strohmeyer for vehicle damage, Wayne Welter 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: Alliant Energy (2) for property damage, Ken Dryer for property damage, Easy Street Bar (David Schmitt) for property damage, Karen Gabrielson for property damage, Steven Schumacher for property damage, Terra Strohmeyer for vehicle damage, Wayne Welter for property damage Suggested Disposition: Receive and File; Concur 3 Yays Nays Braig Buol Connors Jones Lynch Resnick Sutton 4. Code of Ordinances - Adoption of Supplement No. 14 City Clerk recommending adoption of Supplement No. 14 to the City of Dubuque Code of Ordinances, which codifies Ordinance Nos. 53-13 through 56-13, 3-14, 6-14, 7-14, 8- 14, and 11-14 as adopted by the City Council and enacted through February 17, 2014. RESOLUTION 95-14 Adopting Supplement No. 14 to the Code of Ordinances of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 5. Assistance to Firefighters Grant Application City Manager recommending approval of the submission of the Assistance to Firefighters Grant application for 9 tablet computers (IPad type) and software to be used for building inspections by inspectors in the Fire Marshal's office and each of the fire companies in the six fire stations. Suggested Disposition: Receive and File; Approve 6. HyVee 2011 Property Tax Appeal - 2395 NW Arterial City Attorney recommending approval of a Stipulation of Settlement for the HyVee 2011 Property Tax Appeal for 2395 NW Arterial. Suggested Disposition: Receive and File 7. HyVee 2013 Property Tax Appeal - 2395 NW Arterial City Attorney recommending approval of Stipulation of Settlement for the HyVee 2013 Property Tax Appeal for 2395 NW Arterial. Suggested Disposition: Receive and File; Approve 8. HyVee 2013 Property Tax Appeal - 300 South Locust City Attorney recommending approval of a Stipulation of Settlement for the HyVee 2013 Property Tax Appeal for 300 South Locust. Suggested Disposition: Receive and File; Approve 4 Yays Nays Braig Buol Connors Jones Lynch Resnick Sutton 9. Dubuque Industrial Center South - Lease Agreement with William Siegert City Manager recommending approval of a Farm Lease Agreement with William Siegert for access to property in the Dubuque Industrial Center South for agricultural purposes. RESOLUTION 96-14 Approving a Farm Lease Agreement between the City of Dubuque, Iowa and William Siegert Suggested Disposition: Receive and File; Adopt Resolution(s) 10. MWH Americas, Inc. - License Agreement City Manager recommending approval of a License Agreement for Site Assessment and Remediation by MWH Americas, Inc. on behalf of MidAmerican Energy Company. Suggested Disposition: Receive and File; Approve 11. Special Assessment - 2272 Central Avenue City Manager recommending approval of the Final Assessment Schedule for two properties at 2272 Central Avenue for the 2013-2014 Snow Removal from City Right -of - Way Program. RESOLUTION 97-14 Adopting the Final Assessment Schedule for the 2013-2014 Snow Removal Assessment — Right -of -Way Obstruction Removal Assessment Project Suggested Disposition: Receive and File; Adopt Resolution(s) 12. Burlington Trailways - Purchase of Service Agreement City Manager recommending approval of an agreement with Burlington Trailways effective June 1, 2014, until the Intermodal Facility construction is complete. Suggested Disposition: Receive and File; Approve 5 Yays Nays Braig Buol Connors Jones Lynch Resnick Sutton 13. Growing Sustainable Community Conference Contract City Manager recommending approval of an agreement with Sustainable City Network, Inc. and Woodward Communications for co -management of the 7th Annual Growing Sustainable Communities Conference to be held October 7 and 8, 2014. Suggested Disposition: Receive and File; Approve 14. Gerald Hingtgen et al. vs. City of Dubuque et al. City Attorney recommending approval of a Release and Dismissal with Prejudice related to Gerald Hingtgen et al. vs. City of Dubuque et al. Suggested Disposition: Receive and File; Approve 15. Iowa Economic Development Authority - Expansion of Enterprise Zone -1 City Manager recommending approval of a request to the Iowa Economic Development Authority for an expansion of the existing Enterprise Zone -1. RESOLUTION 98-14 Authorizing a request to the Iowa Economic Development authority for an expansion of Enterprise Zone - 1 in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s) 16. Collective Bargaining Agreement - International Union of Operating Engineers Local 234 City Manager recommending approval of a three-year collective bargaining agreement with the International Union of Operating Engineers, Local #234, that provides for wage increases. RESOLUTION 99-14 Approving the agreement between the City of Dubuque, Iowa, and the International Union of Operating Engineers, Local 234 and authorizing the Mayor to sign the agreement Suggested Disposition: Receive and File; Adopt Resolution(s) 6 Yays Nays Braig Buol Connors Jones Lynch Resnick Sutton 17. Collective Bargaining Agreement Amendment - Teamsters Local 120 City Manager recommending approval of an amendment to the Collective Bargaining Agreement with the Teamsters Union Local 120 to provide for a work week that consists of ten hours per day and four days per week for the Maintenanceworker, Airfield Maintenanceworkers and Mechanic assigned to the Airport Department. Suggested Disposition: Receive and File; Approve 18. Mediacom Communications Company Correspondence from Mediacom Communications Company advising the City that it will implement a non-standard converter fee and standardize the electronic reactivation account and electronic change of service fee on or about May 1, 2014. Suggested Disposition: Receive and File 19. Dubuque Golf & Country Club - Fireworks Request Correspondence from Richard Bugalski, General of the Dubuque Golf & Country Club, requesting permission to display fireworks on Friday, July 4, 2014 at about 9:30 p.m. on the DG&CC grounds with a rain date of Saturday, July 5. Suggested Disposition: Receive and File; Approve 20. Tri-State Advanced Manufacturing Center of Excellence - Letter of Support City Manager recommending approval of a letter of support for Tri-State Advanced Manufacturing Center of Excellence (being developed by NICC) for designation as a "manufacturing community." Suggested Disposition: Receive and File; Approve 21. U.S. Department of Housing and Urban Development - Healthy Homes Production Grant Correspondence from the U.S. Department of Housing and Urban Development requesting information required to close out the Healthy Homes Production Grant. Suggested Disposition: Receive and File 7 Yays Nays Braig Buol Connors Jones Lynch Resnick Sutton 22. Tobacco Compliance — Civil Penalty for Tobacco License Holders - AWN Stop Mart City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for AWN Stop Mart, 1998 Jackson Street. Suggested Disposition: Receive and File; Approve 23. Tobacco Compliance — Civil Penalty for Tobacco License Holders - Dave's Downtown Conoco City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for Dave's Downtown Conoco, 500 Locust Street. Suggested Disposition: Receive and File; Approve 24. Tobacco Compliance — Civil Penalty for Tobacco License Holders - Wayne's Convenience Store City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for Wayne's Convenience Store, 1965 Central Avenue. Suggested Disposition: Receive and File; Approve 25. Alcohol Compliance Civil Penalty for Alcohol License Holders - Bell Tower Productions City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Bell Tower Productions, 2728 Asbury Road. Suggested Disposition: Receive and File; Approve 8 Yays Nays Braig Buol Connors Jones Lynch Resnick Sutton 26. Alcohol and Tobacco License Applications City Manager recommending approval of annual liquor, beer, wine and tobacco licenses applications as submitted. RESOLUTION 100-14A 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 100-14B Approving applications for retail cigarette/tobacco sales permits, as required by Iowa Code 453A.47A Suggested Disposition: Receive and File; Adopt Resolution(s) 9 ITEMS TO BE SET FOR PUBLIC HEARING 1. Fiscal Year 2014 Second Budget Amendment 4/21 14 2. Spahn and Rose Lumber Co. Development Agreement 4/21/14 3. SRF Green Alley Project - Bid Set 4 5/5/14 4. Water Treatment Plant North Softening Basins Rehabilitation Project 5/5/14 Yays Nays V Braig 1/ Buol i Connors l.7 Jones v-1 Lynch V Resnick Sutton 1. Fiscal Year 2014 Second Budget Amendment City Manager recommending the second Fiscal Year 2014 Budget Amendment be set for public hearing for April 21, 2014. RESOLUTION 101-14 Setting the date for the public hearing on Amendment No. 2 to the Fiscal Year 2014 Budget for the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing 4/21/14 2. Spahn and Rose Lumber Co. - Development Agreement City Manager recommending that a public hearing be set for April 21, 2014 to consider approval of a Development Agreement between the City of Dubuque and Spahn and Rose Lumber Co. RESOLUTION 102-14 Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the proposed issuance of Urban Renewal Tax Increment Revenue Grant Obligations and the approval of a Development Agreement with Spahn and Rose Lumber Co., and providing for the publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing 4/21/14 10 3. SRF Green Alley Project - Bid Set 4 City Manager recommending initiation of the bidding process for the SRF Green Alley Bid Set 4 Project, and further recommends that a public hearing be set for May 5, 2014. RESOLUTION 103-14 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 RESOLUTION 104-14 Approving the plats, schedule of assessments and estimate of total cost for the SRF Green Alley Bid Set 4 Project RESOLUTION 105-14 Resolution of Necessity for the SRF Green Alley Bid Set 4 Project RESOLUTION 106-14 Fixing date of public hearing on Resolution of Necessity Suggested Disposition: Receive and File; Adopt Resolutions, Set Public Hearing 5/5/14 4. Water Treatment Plant North Softening Basins Rehabilitation Project City Manager recommending initiation of the bidding procedure for the Water Treatment Plant North Softening Basins Rehabilitation Project, and further recommends that a public hearing be set for May 5, 2014. RESOLUTION 107-14 Approval of specifications, form of contract, and estimated cost for the Water Treatment Plant North Softening Basins Rehabilitation Project Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing 5/5/14 11 BOARDS/COMMISSIONS 1. Sister City Relationship Advisory,ard• , One, 3 -year term through February 1, 2017 (Vacant term of Filimonenko) Applicant: Richard Van Iten, 3273 Bittersweet Ln. Yays Nays L Braig Buol Connors V" Jones V Lynch 1Zt32 Resnick tr- Sutton PUBLIC HEARINGS SUSPEND THE RULES Yays Nays t' Braig V Buol Vg, Connors t/ Jones 7,1 Lynch VResnick Resnick // Sutton 1. Sale of City Property - 2250 Washington Street Proof of publication on notice of public hearing to consider approval of a resolution authorizing the sale of City -owned real property located at 2250 Washington Street to Jodie L. Evans and the City Manager recommending approval. RESOLUTION 108-14 Approving the sale of real estate located at 2250 Washington Street in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays V Braig i. Buol ty/ Connors ,,%� Jones 1, Lynch i Resnick // Sutton 13 2. HMA Resurfacing Project - White Street from 11th Street to 21st Street Proof of publication on notice of public hearing to consider approval of the plans, specifications, form of contract and estimated cost for the White Street HMA Resurfacing with Milling Project, from 11th Street to 21st Street and the City Manager recommending approval. RESOLUTION 109-14 Approval of plans, specifications, form of contract, and estimated cost for the White Street HMA Resurfacing with Milling Project, from 11th To 21st Street (Iowa DOT Project No. NHSN-52-2(132)-2R-31) Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays 1/0.9___Braig Braig 1.7 Buol v Connors ✓ Jones i% Lynch 4� Resnick 1/ Sutton OA Ma/ ,--' 4401) 001)7 >5/-- , `‘A' ' 14 -fr /1/1414,4 - 9%* iii4)? "ri* 5We/id 76 /4#- 1- 1 0/7 iofs REINSTATE THE RULES This action limits discussion to the City Council. Yays Nays 1/ Braig 1.7 Buol v Connors V Jones �)` Lynch 1 // I1 Resnick Sutton 14 ACTION ITEMS 1. Purchase of Services Fiscal Year 2015 Grant Funding Recommendation City Manager requesting approval of the recommended funding for the Fiscal Year 2015 Purchase of Service Grant applications. Suggested Disposition: Receive and File; Approve Yays Nays Vi Braig 17 Buol Connors L V Jones V Lynch / Resnick i7 Sutton /tie_ 4,,dA• /fie *yodd ri,w1 15 2. SRF Green AIIey Project - Bid Set 2 - Project Award City Manager recommending award of the contract for the Award SRF Green AIIey Project - Bid Set 2 to the low bidder Drew Cook and Sons Excavating. RESOLUTION 110-14 Awarding public improvement contract for the SRF Green AIIey Bid Set 2 Project Suggested Disposition: Receive and File; Adopt Resolution(s) 174& Yays Nays v" Braig Buol Connors Jones V Lynch Resnick 1.../ Sutton /4&414alL-7 Wabe-btA'' 4e/7 /02 ifi6e/7 16 3. SRF Green AIIey Project - Bid Set 3 - Project Award City Manager recommending award of the contract for the SRF Green AIIey Project - Bid Set 3 to the low bidder Drew Cook and Sons Excavating. RESOLUTION 111-14 Awarding public improvement contract for the SRF Green AIIey Bid Set 3 Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays ✓ I Braig f ' Buol Connors Jones f/ Lynch v Resnick Sutton 17 4. Iowa and Locust Parking Ramp Repair - Project Award City Manager recommending award of the contract for the Iowa and Locust Ramp Repair Project to the low bidder Western Waterproofing Company. RESOLUTION 112-14 Awarding the public improvement contract for the Iowa and Locust Parking Ramp Repair Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays V Braig LZ Buol ✓"" Connors 1// Jones �' Lynch 2(9,.. Resnick I/ Sutton 4m• -"?k,) 18 5. Code of Ordinances Amendment - Title 10 Special Events and Waiver Policy City Manager recommending approval of changes to the Special Events Permit Ordinance. Staff will provide a presentation. ORDINANCE 30-14 Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 4 Parades and Assemblies by adding separate sections for groups of 24 or less people and groups of 25 or more, clarifying that a Hold Harmless Agreement is necessary for groups of over 25 people, distinguishing between events that occur on City property, public right-of-way, or private property, clarifying when a permit is necessary for events on private property, and adding a provision which allows the City Manager to waive certain requirements per an adopted policy; and amending Title 10 Public Ways and Property by adding a new Chapter 8, Valet Drop Off Parking; Permit Requirements which moves the Valet Parking Regulations to a different location within Title 10 Sucl Rec 01P- 47im ///441Rie/vd-11411.114A-2i2w/w-it/frefr,P/A/iloc Akrt meno/, d)aa,9/biz( Ale,* #"/I&A/W6;//,e,/9, /I 40# iv an File; Mgt 3441 Motion A, Presentation Final Reading and Adopt Yays Nays i/a Braig v Buol 1// Connors t/' Jones 1/ Lynch 1, Resnick Z./ Sutton 01P- 47im ///441Rie/vd-11411.114A-2i2w/w-it/frefr,P/A/iloc Akrt meno/, d)aa,9/biz( Ale,* #"/I&A/W6;//,e,/9, /I 40# iv an File; Mgt 3441 Motion A, Presentation Final Reading and Adopt Yays Nays Braig Buol Connors Jones Lynch Resnick Sutton 0/-*. //1/ 97"/41A 16/4/4/ /e/ ./0,9vf%, 19 6. Request for Work Session - Bee Branch Creek Restoration Project City Manager requesting a work session be scheduled for Monday, May 5, 2014 to discuss the landscaping plan for the Upper Bee Branch Creek Restoration Project. Suggested Disposition: Receive and File; Council Yays Nays � Braig Buol 1/ Connors Jones Lynch L Resnick f/ Sutton 20 y, CLOSED SESSION: Pending Litigation and Proh5erty Acquisition - Chapter 21.5(1)(c), -(j) Code of Iowa COUNCIL MEMBER REPORTS y UBLIC INPUT �� P4) //g, s Nays Braig uol Co . ors Jones Lynch Resnick Sutton ADJOURNMENT: Yays Nays Braig i< uol 1/ Connors i'-'2' Jones Lynch Resnick Sutton ve* 44) //t- /*/7 bOtfr S& 04e71, yefrzi/- VW--0Apo,k ;in Gsldty i �orbon �%�� 440p ozi,/ /24: d'Ai7*// 4fs 04eik d2 /5ve 21 i bii.�ms�� OliW" /1 ,� ,�i/ ern