Loading...
7 1 13 City Council Proceedings Official_Regular CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on July 1, 2013 in the th Historic Federal Building, 350 W. 6 Street. Present: Mayor Pro Tem Connors; Mayor Buol (via telephone); Council Members Braig, Jones, Lynch, Resnick, Sutton; City Manager Van Milligen, City Attorney Lindahl Mayor Pro Tem Connors 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 be- fore the City Council. PLEDGE OF ALLEGIANCE MOMENT OF SILENCE May the spirit of wisdom keep our hearts and minds open as we endeavor to serve the common good. PROCLAMATION(S) Disabilities Month (June 2013) was accepted by R.R.S. Stewart, Vice Chairperson of the Human Rights Commission; and Judy Schmidt, Vice Chair of the Iowa Democratic Party Disabilities Caucus. PRESENTATION(S) U.S. Conference of Mayors Climate Protection Award was presented to the City Council by Assistant City Manager Cindy Steinhauser. U.S. Conference of Mayors Lead-Safe for Kids’ Sake Grant Award was presented to the City Council by Assistant City Manager Cindy Steinhauser. National Civic League - 2013 All America City Award was presented to the City Council by Assistant City Manager Cindy Steinhauser; and Barry Gentry, Senior Vice President of the Dubuque Area Chamber of Commerce. Iowa Department of Transportation 2012 Most Improved Transit System Award was presented to the City Council by ECIA Executive Director Kelly Deutmeyer. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Resnick. Council Member Jones requested (#9) Citi- zen Correspondence - Maus Park be held for separate discussion. Motion carried 7-0. 1 Minutes and Reports Submitted: Airport Commission of 5/4, Arts and Cultural Affairs Advisory Commission of 5/28, City Council proceedings of 6/17, Housing Commission of 5/28, Housing Code Appeals Board of 9/18/12, Human Rights Commission of 5/13, Park and Recreation Advisory Commission of 5/14. Upon motion the documents were received and filed. Notice of Claims and Suits: Claim by Stephen Collins for vehicle damage and Joan and Vernon Puls for property 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 re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: Joan and Vernon Puls for property damage. Upon motion the documents were received, filed and concurred. Purchase of Services Agreement - Project Concern Information and Referral (CDBG): City Manager recommending approval of a Purchase of Service Agreement for Fiscal Year 2014 with Project Concern, Inc. to help provide financial counseling and medical services information and referral services to low- and moderate-income resi- dents of the City of Dubuque. Upon motion the documents were received, filed and ap- proved. Sewer Cured-in-Place Pipe (CIPP) Lining Project Award: City Manager recommend- ing the award of the contract to the low bidder, Visu-Sewer, Inc. Upon motion the docu- ments were received and filed and Resolution No. 191-13 Awarding Public Improve- ment Contract for FY2013 and FY2014 Sewer Cured-In-Place Pipe (CIPP) Lining Pro- ject was adopted. RESOLUTION NO. 191-13 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR FY2013 AND FY2014 SEW- ER CURED-IN-PLACE PIPE (CIPP) LINING PROJECT Whereas, sealed proposals have been submitted by contractors for the FY2013 and FY2014 Sewer Cured-In-Place Pipe (CIPP) Lining Project (the Project) pursuant to Resolution No. 165-13 and Notice to Bidders published in a newspaper published in the th City of Dubuque, Iowa on the 7 day of June, 2013; and th Whereas, said sealed proposals were opened and read on the 27 day of June, 2013 and it has been determined that Visu-Sewer, Inc. of Pewaukee, WI with a bid proposal in the amount of $490,792.20, is the responsive, responsible bidder for the Project, and Whereas, it has been determined that it is in the best interest of the City of Dubuque to enter into an improvement contract with Visu-Sewer, Inc. for said Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Visu- Sew- er, Inc. and the City Manager is hereby directed to execute a Public Improvement Con- tract on behalf of the City of Dubuque for the Project. st Passed, approved and adopted this 1 day of July. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2 Purchase of Services Agreement Opening Doors (CDBG): City Manager recom- mending approval of a Purchase of Service Agreement for Fiscal Year 2014 with Open- ing Doors for operational costs for Teresa Shelter and Maria House, a transitional facili- ty. Upon motion the documents were received, filed and approved. FY 2014 Annual Action Plan Amendment 1: City Manager recommending approval of the FY2014 Annual Action Plan Amendment 1 for the Community Development Block Grant (CDBG) program. Upon motion the documents were received and filed and Reso- lution No. 192-13 Approving Fiscal Year 2014 (Program Year 2013) Annual Action Plan Amendment 1 for Community Development Block Grant (CDBG) Funds was adopted. RESOLUTION NO. 192-13 APPROVING FISCAL YEAR 2014 (PROGRAM YEAR 2013) ANNUAL ACTION PLAN AMENDMENT 1 FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS Whereas, the City of Dubuque prepared and filed an Annual Action Plan for Fiscal Years 2014; and Whereas, the City of Dubuque now desires to amend said Annual Plan by reallocat- ing funds between existing activities; and Whereas, said amendment is a non-substantial amendment as provided in the City's Citizen Participation Plan and therefore must be approved by resolution of the City Council after recommendation by the Community Development Advisory Commission; and Whereas, the Community Development Advisory Commission reviewed said amendment on June 19, 2013 and voted to approve said amendment and recommend approval by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Annual Action Plan for Fiscal Years 2014 is hereby amended to decrease CDBG funding for the Information and Referral activity from $12,500 to $6,775 and increase CDBG funding for Opening Doors from $7,280 to $13,005. Section 2. That said Annual Action Plan for Fiscal Years 2014 Amendment 1 is here- by approved. Section 4. That the City Manager is hereby authorized and directed to submit a copy of this resolution and amendment to the U.S. Department of Housing and Urban Devel- opment. st Passed, approved and adopted this 1 day of July 2013. Roy D. Buol, Mayor Attest: Kevin Finstahl, City Clerk Chaplain Schmitt Island Master Plan Consultant Selection: City Manager recom- mending approval to retain the Cunningham Group as the consultant for the Chaplain Schmitt Island Master Plan and authorize City staff to negotiate a contract for services. Upon motion the documents were received, filed and approved. 3 Citizen Correspondence - Maus Park: Correspondence from Connie Kintzle, Presi- dent of the Dubuque County Conservation Society, regarding a restoration of Maus Park be included in the South Port Project. Motion by Jones to receive and file the doc- uments. Seconded by Resnick. Bill Kemp of the Dubuque Conservation Society re- quested that the City Council consider including renovation of Maus Park in any plans for the South Port project. Motion carried 7-0. Acquisition of Property - 20 W. 18th Street: City Manager recommending approval to purchase property at 20 West 18th Street owned by Michael J. and Victoria L. Sawvell. Upon motion the documents were received and filed and Resolution No. 193-13 Ap- proving the acquisition of real estate owned by Michael J. and Victoria L. Sawvell was adopted. RESOLUTION NO. 193-13 APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY MICHAEL J. AND VICTORIA L. SAWVELL IN THE CITY OF DUBUQUE Whereas, the City of Dubuque intends to acquire a certain property located at 20 th West 18 Street, Dubuque. Iowa; and Whereas, this certain property is not currently part of or located within the Bee Branch Creek Restoration Project or any other federally funded public improvement pro- ject; and Whereas, the acquisition of this property is a voluntarily negotiated purchase by the City of Dubuque under Section 6B.1A of the Code of Iowa, and is not an acquisition by the City of Dubuque through its exercise of the power of eminent domain under Chapter 6B of the Code of Iowa; and Whereas, a purchase agreement has been finalized with the owner of the property scheduled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa hereby approves the acquisition of the fol- lowing legally described property: The Westerly 80 feet of Lot 8, and all of Lot 11 except the Southerly 6 feet thereof, in “The Subdivision of City Lots 438, 439 and part of 676 which is not embraced in L. H. Langworthy’s Subdivision” in the City of Dubuque, Iowa, according to the recorded plat thereof: at the cost of Forty-Four Thousand Eight Hundred and 00/100 Dollars ($44,800.00) and reimbursements, not to exceed a total amount of Seventy-Five Thou- sand and 00/100 ($75,000). Section 2. That the City of Dubuque be and is hereby authorized to accept a Warran- ty Deed from the owner, conveying the owner’s interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. That the City Clerk be and is hereby authorized and directed to cause said Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with a certified copy of this Resolution. 4 Section 4. That the City Clerk be and is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, st approved and adopted this 1 day of July, 2013 Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Federal Emergency Management Agency (FEMA) - North Catfish Creek: City Man- ager transmitting information regarding correspondence from the Federal Emergency Management Agency (FEMA) advising that the modifications to the flood plain for a por- tion of the North Fork of the Catfish Creek, the Federal Insurance Rate Map (FIRM), and the Federal Insurance Study Report (FISR) now are in effect. Upon motion the doc- uments were received and filed. 2013 Justice Assistance Grant (JAG) Application: City Manager recommending ap- proval of the 2013 Justice Assistance Grant (JAG) application from the Edward Byrne Memorial Assistance Grant program. Upon motion the documents were received, filed and approved. State Recreational Trail Grant - MRT Side Trip Grant Application: City Manager rec- ommending approval of the application for State Recreational Trail grant funds for the Hales Mill Loop and the resolution authorizing the Mayor to sign and submit the applica- tion for State Recreational Trail grant funds for the Hales Mill Loop. Upon motion the documents were received and filed and Resolution No. 194-13 Authorizing State Rec- reational Trails Grant Application to Iowa Department of Transportation for development of Iowa 32 Trail portion of Hales Mill Loop was adopted. RESOLUTION NO. 194-13 AUTHORIZING STATE RECREATIONAL TRAILS GRANT APPLICATION TO IOWA DEPARTMENT OF TRANSPORTATION FOR DEVELOPMENT OF IOWA 32 TRAIL PORTION OF HALES MILL LOOP Whereas, the Iowa Department of Transportation has allocated grant funds in the State Recreational Trails Program for the development of recreational trails and related amenities; and Whereas, the City of Dubuque has adopted the 2008 Comprehensive Plan which in- cludes objectives for enhanced accessibility for parks, trails, and open space, protection of scenic and cultural resources, and development of additional recreational trails; and Whereas, the City of Dubuque has adopted the 2009 Tri-State Integrated Hiking, Bik- ing, and Walking Network Plan, which places a high priority on all segments of the Hales Mill Loop. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor hereby is authorized to sign and the Planning Services Manag- er is hereby authorized to submit an application to the Iowa Department of Transporta- tion for a State Recreational Trails grant for development of the Iowa 32 Trail portion of the Hales Mill Loop. Section 2. That in the event said application is approved, the City Council hereby provides its written assurance that the completed project will be adequately maintained for its intended use in accordance with state requirements. 5 st Passed, approved and adopted this 1 day of July. 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Property Acquisition - 2424 Washington Street: City Manager recommending approv- al of the Resolution approving the Offer to Buy Real Estate and Acceptance for property located at 2424 Washington Street owned by Gene Miller. Upon motion the documents were received and filed and Resolution No. 195-13 Approving the acquisition of real es- tate owned by Gene Miller in the City of Dubuque was adopted. RESOLUTION NO. 195 -13 APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY GENE MILLER IN THE CITY OF DUBUQUE Whereas, the City of Dubuque intends to acquire certain property located immediate- ly adjacent to the area of the Bee Branch Creek Restoration Project for stormwater miti- gation activities as recommended in the 2001 "Drainage Basin Master Plan;" and Whereas, this certain property is not currently part of or located within the Bee Branch Creek Restoration Project; and Whereas, the owner of this certain property approached the City of Dubuque volun- tarily and proposed that the City of Dubuque acquire the property for possible future ad- dition to, but not currently as part of the Bee Branch Creek Restoration Project; and Whereas, the acquisition of this property is a voluntarily negotiated purchase by the City of Dubuque under Section 6B.1A of the Code of Iowa, and is not an acquisition by the City of Dubuque through its exercise of the power of eminent domain under Chapter 6B of the Code of Iowa; and Whereas, a purchase agreement has been finalized with the owner of the property scheduled for acquisition and an Acknowledgment of Voluntary Negotiation and Pur- chase of Property Affidavit has been executed by the owner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa hereby approves the acquisition of the fol- lowing legally described property: The South half of lot 21 in O.S. Langworthy's Subdivision of lots 192, 193, 194 and 195 in L.H. Langworthy's Addition in the City of Dubuque, Iowa, according to the rec- orded Plat thereof. At the cost of Sixty-Five Thousand and 00/100 Dollars ($65,000.00). Section 2. That the City of Dubuque be and is hereby authorized to accept a Warran- ty Deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. That the City Clerk be and is hereby authorized and directed to cause said Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with a certified copy of this Resolution. Section 4. That the City Clerk be and is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 1st day of July, 2013 Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 6 Dubuque County Early Childhood Board: Correspondence from Chairperson Julie Woodyard inviting a member of the City Council to serve on the Dubuque County Early Childhood Board. Upon motion the documents were received and filed. Environmental Protection Agency (EPA): Correspondence from U.S. EPA Region 7 Public Affairs Specialist Debra King submitting a public meeting notice announcing a proposed plan and public comment periods for the Peoples Natural Gas Superfund site in the City of Dubuque. Upon motion the documents were received and filed. Immanuel Congregational United Church of Christ: Correspondence from Emmanuel Congregational United Church of Christ thanking the City for the permeable paver alley from 17th to 18th Streets between Jackson and White Streets and inviting the Council to a Rally in the Alley celebration on July 7, 2013. Upon motion the documents were re- ceived and filed. Radio Tower Capital Improvement Project: City Manager recommending approval of an adjustment to the CIP project for the radio tower that will allow the money to be used to upgrade the current tower instead of moving to a new tower. Upon motion the docu- ments were received, filed and approved. City Assessor's Office: City Assessor Rick Engelken transmitting Notices of Appeal and Petition for property tax appeals filed with the Property Assessment Appeal Board. Upon motion the documents were received and filed. Signed Contracts: Walker Restoration Consultants contracts related to repairs in the Iowa Street and Locust Street parking ramps. Upon motion the documents were re- ceived and filed. Improvement Contracts and Maintenance Bonds: Tschiggfrie Excavating, Inc., for the Highway 151/61 Water Main Relocation Project. Upon motion the documents were re- ceived, filed and approved. Alcohol and Tobacco License Applications: City Manager recommending approval of annual liquor, beer, wine and tobacco licenses as submitted. Upon motion the docu- ments were received and filed and Resolution No. 196-13 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; and Resolution No. 197-13 Approving applica- tions for retail cigarette/tobacco sales permits, as required by Iowa Code 453A.47A were adopted. RESOLUTION NO. 196-13 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 LIQ- UOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City Council for approval and the same have been examined and ap- 7 proved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation. Renewal American Legion Post #6 1306 Delhi St. Class C Liquor (Catering) (Out- door) (Sunday) Casey's General Store #2420 2699 Rockdale Class E Liquor, Class B Native Wine, Class C Beer (Carryout Beer) (Sunday) Casey's General Store #2421 4003 Peru Rd. Class E Liquor, Class B Native Wine, Class C Beer (Carryout Beer) (Sunday) Colts Community Center 1101 Central Ave. Class C Liquor Fischer Lanes 880 Locust St. Class C Liquor (Sunday) House of China Co 170 J F K Rd Class C Liquor (Sunday) Adobo's Mexican Grill 756 Main St. Class C Liquor Knicker's Saloon 2186 Central Class C Liquor (Outdoor) (Sunday) (Living Quarters) Premise Update Manna Java World Cafe 700 Locust St. Class C Liquor st Passed, approved and adopted this 1 day of July, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 197-13 APPROVING APPLICATIONS FORRETAIL CIGARETTE/TOBACCO SALES PER- MITS, AS REQUIRED BY IOWA CODE 453A.47A. Whereas, applications for Cigarette/Tobacco Sales have been submitted and filed with the City Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the following named applicants and locations for cigarette/tobacco sales permit. Kwik Stop, 1200 Cedar Cross Rd, Dubuque, IA. 52001 st Passed, approved and adopted this 1 day of July, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 8 ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch 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. Dubuque Industrial Center South PCC Paving and Utilities: City Manager recom- mending initiation of the bidding process for the Dubuque Industrial Center South PCC Paving and Utilities – 2013 Project, and further recommend that a public hearing be set for July 15, 2013. Upon motion the documents were received and filed and Resolution No. 198-13 Preliminary approval of plans, specifications, form of contract, and estimat- ed cost; setting date of public hearing on plans, specifications, form of contract, and es- timated cost; and ordering the advertisement for bids was adopted setting a public hear- ing for a meeting to commence at 6:30 p.m. on July 15, 2013 in the Historic Federal Building. RESOLUTION NO. 198-13 DUBUQUE INDUSTRIAL CENTER SOUTH PCC PAVING & UTILITIES – 2013 PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC- IFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Dubuque Industrial Center South PCC Paving & Utilities – 2013 Project, in the estimat- ed amount $719,500, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. th A public hearing will be held on the 15 day of July, 2013, at 6:30 p.m. in the Historic Federal Building Council Chambers at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and es- timated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The Dubuque Industrial Center South PCC Paving & Utilities – 2013 Project is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be pub- lished in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty-five days before the th date for filing bids before 2:00 p.m. on the 18 day of July, 2013. Bids shall be opened 9 and read by the City Clerk at said time and will be submitted to the City Council for final th action at 6:30 p.m. on the 5 day of August, 2013, in the Historic Federal Building th Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa. st Passed, adopted and approved this 1 day of July, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Dove Harbor Development and Lease Agreement: City Manager recommending au- thorization of a 30-day public notice on the competitive disposition of approximately 7.87 acre site Dove Harbor. Upon motion the documents were received and filed and Reso- lution No. 199-13 (1) Approving the minimum requirements, competitive criteria, and of- fering procedures for the development and the lease of certain real property and im- provements in the Greater Downtown Urban Renewal District; (2) Determining that the lease submitted by Gavilon Grain, LLC satisfies the offering requirements with respect to the real property and improvements and declaring the intent of the City Council to approve the lease with Gavilon Grain, LLC in the event that no competing proposals are submitted; and (3) soliciting competing proposals was adopted setting a public hear- ing for a meeting to commence at 6:30 p.m. on August 5, 2013 in the Historic Federal Building. RESOLUTION NO. 199-13 RESOLUTION (1) APPROVING THE MINIMUM REQUIREMENTS, COMPETITIVE CRITERIA, AND OFFERING PROCEDURES FOR THE DEVELOPMENT AND THE LEASE OF CERTAIN REAL PROPERTY AND IMPROVEMENTS IN THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT; (2) DETERMINING THAT THE LEASE SUBMITTED BY GAVILON GRAIN, LLC SATISFIES THE OFFERING REQUIRE- MENTS WITH RESPECT TO THE REAL PROPERTY AND IMPROVEMENTS AND DECLARING THE INTENT OF THE CITY COUNCIL TO APPROVE THE LEASE WITH GAVILON GRAIN, LLC IN THE EVENT THAT NO COMPETING PROPOSALS ARE SUBMITTED; AND (3) SOLICITING COMPETING PROPOSALS Whereas, the City Council of Dubuque, Iowa, did on June 3, 2013 adopt an Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District (“the Plan”) for the Urban Renewal Area described therein; and Whereas, the Plan provides, among other things, for the disposition of properties for private development purposes as a proposed economic development action; and Whereas, Gavilon Grain, LLC (“Lessee”) has submitted to the City a proposal for the leasing of certain real property hereinafter described for the operation and management of a portion of the Dove Harbor area as described therein (“the Lease Agreement”), to- gether with the request that this property be made available for lease as rapidly as pos- sible; and Whereas, in order to establish reasonably competitive bidding procedures for the dis- position of the property in accordance with the statutory requirements of Iowa Code Chapter 403, specifically, Section 403.8, and to assure that the City extends a full and fair opportunity to all developers interested in submitting a proposal, a summary of submission requirements and minimum requirements and competitive criteria for the property offering is included herein; and Whereas, said Developer has tendered the Lease Agreement with the City, attached hereto as Exhibit “A”; and 10 Whereas, to recognize both the firm proposal for lease of the real property and im- provements already received by the City, as described above, and to give full and fair opportunity to other developers interested in submitting a proposal for the use of the property, this Council should by this Resolution: 1) Set the fair market value of the real property for uses in accordance with the Plan; 2) Approve the minimum requirements and competitive criteria included herein; 3) Approve as to form the Lease Agreement attached hereto as Exhibit “A”; 4) Set a date for receipt of competing proposals and the opening thereof; 5) Declare that the proposal submitted by Lessee satisfies the minimum requirements of the offering, and that in the event no other qualified proposal is timely submitted, that the City Council intends to approve such proposal and authorize the City Manager to sign the Lease Agreement; and direct publication of notice of said intent; 6) Approve and direct publication of a notice to advise any other person of the oppor- tunity to compete for lease of the real property on the terms and conditions set forth herein; 7) Declare that in the event another qualified proposal is timely submitted and ac- cepted, another and future notice will be published on the intent of the City to enter into the resulting contract, as required by law; and Whereas, the City Council believes it is in the best interest of the City and the Plan to act as expeditiously as possible to lease the real property as set forth herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real property shown on Exhibit “B” attached hereto located in Dove Harbor (“the Property”) shall be offered for lease in accordance with the terms and conditions contained in this Resolution. Section 2. That it is hereby determined that in order to qualify for consideration for se- lection, any person must submit a proposal which meets these minimum requirements: a) Contains an agreement to lease the Property at not less than fair market value es- tablished herein; b) Contains a commitment to lease approximately 7.87 acres in Dove Harbor for uses allowed in a Heavy-Industrial Zoning classification; c) Sets out or provides to the satisfaction of the City Council the experience of the principals and key staff who are directly engaged in the performance of contract obliga- tions in carrying out projects of similar scale and character; and Meets, at a minimum, the terms and conditions of the Lease Agreement submitted by the Developer including an agreement to invest not less than $2,500,000. Section 3. That the Lease Agreement by and between the City and the Lessee be and is hereby approved as to form for the purposes hereinafter stated. Section 4. That for the purpose of defining the offering of the Property site for lease, said Lease Agreement shall be deemed to be illustrative of the terms acceptable to the City with respect to: a) Annual lease payments; b) Construction of leasehold improvements; c) Lessee obligations; and d) General terms and conditions. Section 5. That the Lease Agreement submitted by the Lessee satisfies the require- ments of this offering and, in the event that no other qualified proposals are timely sub- mitted, that the City Council intends to accept and approve the Lease Agreement. 11 Section 6. That it is hereby determined that the Lessee possesses the qualifications, financial resources and legal ability necessary to lease the Property and to manage and operate the site in the manner proposed by this offering in accordance with the Plan. Section 7. That the annual lease payments for the site offered by the Lessee are hereby found and determined to be the fair market value of the leasehold interest being conveyed. Section 8. That the City Clerk shall receive and retain for public examination the at- tached Lease Agreement submitted by the Lessee and, in the event no other qualified proposals are timely submitted, shall resubmit the Lease Agreement to the City Council for final approval and execution upon expiration of the notice hereinafter prescribed. Section 9. That the action of the City Council be considered to be and does hereby constitute notice to all concerned of the intention of this Council, in the event that no other qualified proposals are timely submitted, to accept the proposal of the Developer to lease the Property and to approve the Lease Agreement by and between City and Lessee. Section 10. That the official notice of this offering and of the intent of the City, in the event no other qualified proposals are timely submitted, to approve the Lease Agree- ment, shall be a true copy of this Resolution, but without the attachments referred to herein. Section 11. That the City Clerk is authorized and directed to secure immediate publi- cation of said official notice in the Telegraph Herald, a newspaper having a general cir- culation in the community, by publication of the text of this Resolution without attach- th ments on or before the 5 day of July, 2013. Section 12. That written proposals for the lease of the Property will be received by the City Clerk at or before 10:00 a.m., August 5, 2013 in the Office of the City Clerk, lo- th cated on the first floor at City Hall, 50 West 13 Street, Dubuque, Iowa 52001. Each proposal will be opened at the hour of 10:00 a.m. in City Hall, Dubuque, Iowa on August 5, 2013. Said proposals will then be presented to the City Council at 6:30 p.m., August 5, 2013, at a meeting to be held in the City Council Chambers, Historic Federal Building th at 350 West 6 Street, Dubuque, Iowa. Section 13. That such offering shall be in substantial conformance with the provisions of Iowa Code Section 403.8, requiring reasonable competitive bidding procedures as are hereby prescribed, which method is hereby determined to be the appropriate meth- od for development of the Property. Section 14. That the required documents for the submission of a proposal shall be in substantial conformity with the provisions of this Resolution. Section 15. That the City Clerk is hereby nominated and appointed as the agent of the City of Dubuque, Iowa to receive proposals for the lease of the Property on that date and according to the procedure hereinabove specified for receipt of such proposals and to proceed at such time to formally acknowledge receipt of each of such proposal by noting the receipt of same in the Minutes of the Council; that the City Manager is hereby authorized and directed to make preliminary analysis of each such proposal for compli- ance with the minimum requirements established by this Council hereinabove. For each proposal that satisfies these requirements, the City Council shall judge the strength of the proposal by the competitive criteria established hereinabove. The City Council shall then make the final evaluation and selection of the proposals. Section 16. Each proposal submitted which satisfies the foregoing minimum require- ments, as determined by the City Manager, shall be reviewed on the basis of the 12 strength of such proposal under the following Competitive Criteria: Quality of the Proposed Development: (1) The total cost of the project. (2) The types of materials to be used in the proposed improvements. (3) Overall project amenities. Architectural Design of the Proposed Development: (1) The compatibility of the design with adjacent structures, vistas, pedestrian traffic, vehicular activities, and future development of adjacent properties. (2) The functional design of the site, the structures, and all public spaces. (3) The aesthetic quality of the development and its sensitivity to the use and future development of adjacent properties. (4) The type, size and arrangement of facades or signage along each street frontage. Economic Feasibility of the Proposed Development: (1) The economic return to the City provided by the proposed development, including but not limited to, the amount of lease revenue generated, the property and sales taxes wharfage fees generated, the number of jobs provided, and the encouragement of re- lated development in the area. (2) The ability of the prospective developer to finance and complete the project as proposed. (3) The financial impact of the proposed development upon the City's operating budget and capital improvement plan, particularly as it relates to the construction and maintenance of any required public improvements. Section 17. If, and only if, competing proposals are received and determined by the Council to meet the minimum requirements described herein, the Lessee shall be al- lowed to amend its proposal in response thereto and to deliver same to the City Manag- er, by no later than a date determined by the City Council. In such event, the Council shall schedule a subsequent meeting to be held by the City Manager at which there shall be a bid-off conducted by the City Manager. During such bid-off, each competing bidder shall bid against the other, starting with the second proposal received and con- tinuing until such time as each bidder shall decline to improve its proposal to acquire and redevelop the Property in response to the last bid of the other bidder or bidders. The period of time to be allowed for such bid-off shall be determined by the City Man- ager. The rules of such bid-off shall be as determined by the City Manager at or before such bid-off period and shall be absolute. Section 18. That in the event another qualified proposal is timely submitted and ac- cepted by the City, another and further notice shall be published of the intent of the City of Dubuque, Iowa, to enter into the resulting agreement, as required by law. st Passed, approved and adopted this 1 day of July, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk City Salt Site Development and Lease Agreement: City Manager recommending au- thorization of a 30-day public notice on the competitive disposition of approximately 6.02 acre Salt Site located adjacent to the Peosta Channel. Upon motion the documents were received and filed and Resolution No. 200-13 (1) Approving the minimum require- ments, competitive criteria, and offering procedures for the development and the lease of certain real property and improvements in the Greater Downtown Urban Renewal District; (2) Determining that the lease submitted by Gavilon Grain, LLC. satisfies the 13 offering requirements with respect to the real property and improvements and declaring the intent of the City Council to approve the lease with Gavilon Grain, LLC. in the event that no competing proposals are submitted; and (3) Soliciting competing proposals. was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 5, 2013 in the Historic Federal Building. RESOLUTION NO. 200-13 RESOLUTION (1) APPROVING THE MINIMUM REQUIREMENTS, COMPETITIVE CRITERIA, AND OFFERING PROCEDURES FOR THE DEVELOPMENT AND THE LEASE OF CERTAIN REAL PROPERTY AND IMPROVEMENTS IN THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT; (2) DETERMINING THAT THE LEASE SUBMITTED BY GAVILON GRAIN, LLC SATISFIES THE OFFERING REQUIRE- MENTS WITH RESPECT TO THE REAL PROPERTY AND IMPROVEMENTS AND DECLARING THE INTENT OF THE CITY COUNCIL TO APPROVE THE LEASE WITH GAVILON GRAIN, LLC IN THE EVENT THAT NO COMPETING PROPOSALS ARE SUBMITTED; AND (3) SOLICITING COMPETING PROPOSALS Whereas, the City Council of Dubuque, Iowa, did on June 3, 2013 adopt an Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District (“the Plan”) for the Urban Renewal Area described therein; and Whereas, the Plan provides, among other things, for the disposition of properties for private development purposes as a proposed economic development action; and Whereas, Gavilon Grain, LLC (“Lessee”) has submitted to the City a proposal for the leasing of certain real property hereinafter described for the operation and management of a portion of the Salt Site area as described therein (“the Lease Agreement”), together with the request that this property be made available for lease as rapidly as possible; and Whereas, in order to establish reasonably competitive bidding procedures for the dis- position of the property in accordance with the statutory requirements of Iowa Code Chapter 403, specifically, Section 403.8, and to assure that the City extends a full and fair opportunity to all developers interested in submitting a proposal, a summary of submission requirements and minimum requirements and competitive criteria for the property offering is included herein; and Whereas, said Developer has tendered the Lease Agreement with the City, attached hereto as Exhibit “A”; and Whereas, to recognize both the firm proposal for lease of the real property and im- provements already received by the City, as described above, and to give full and fair opportunity to other developers interested in submitting a proposal for the use of the property, this Council should by this Resolution: 1) Set the fair market value of the real property for uses in accordance with the Plan; 2) Approve the minimum requirements and competitive criteria included herein; 3) Approve as to form the Lease Agreement attached hereto as Exhibit “A”; 4) Set a date for receipt of competing proposals and the opening thereof; 5) Declare that the proposal submitted by Lessee satisfies the minimum requirements of the offering, and that in the event no other qualified proposal is timely submitted, that the City Council intends to approve such proposal and authorize the City Manager to sign the Lease Agreement; and direct publication of notice of said intent; 6) Approve and direct publication of a notice to advise any other person of the oppor- tunity to compete for lease of the real property on the terms and conditions set forth 14 herein; and 7) Declare that in the event another qualified proposal is timely submitted and ac- cepted, another and future notice will be published on the intent of the City to enter into the resulting contract, as required by law; and Whereas, the City Council believes it is in the best interest of the City and the Plan to act as expeditiously as possible to lease the real property as set forth herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real property shown on Exhibit “B” attached hereto as the Salt Site located along the Peosta Channel (“the Property”) shall be offered for lease in ac- cordance with the terms and conditions contained in this Resolution. Section 2. That it is hereby determined that in order to qualify for consideration for se- lection, any person must submit a proposal which meets these minimum requirements: a) Contains an agreement to lease the Property at not less than fair market value es- tablished herein; b) Contains a commitment to lease approximately 6.02 acres along Peosta Channel for uses allowed in a Heavy-Industrial Zoning classification; c) Sets out or provides to the satisfaction of the City Council the experience of the principals and key staff who are directly engaged in the performance of contract obliga- tions in carrying out projects of similar scale and character; and Meets, at a minimum, the terms and conditions of the Lease Agreement submitted by the Lessee. Section 3. That the Lease Agreement by and between the City and the Lessee be and is hereby approved as to form for the purposes hereinafter stated. Section 4. That for the purpose of defining the offering of the Property for lease, said Lease Agreement shall be deemed to be illustrative of the terms acceptable to the City with respect to: a) Annual lease payments; b) Construction of leasehold improvements; c) Lessee obligations; and d) General terms and conditions. Section 5. That the Lease Agreement submitted by the Lessee satisfies the require- ments of this offering and, in the event that no other qualified proposals are timely sub- mitted, that the City Council intends to accept and approve the Lease Agreement. Section 6. That it is hereby determined that the Lessee possesses the qualifications, financial resources and legal ability necessary to lease the Property and to manage and operate the site in the manner proposed by this offering in accordance with the Plan. Section 7. That the annual lease payments for the site offered by the Lessee are hereby found and determined to be the fair market value of the leasehold interest being conveyed. Section 8. That the City Clerk shall receive and retain for public examination the at- tached Lease Agreement submitted by the Lessee and, in the event no other qualified proposals are timely submitted, shall resubmit the Lease Agreement to the City Council for final approval and execution upon expiration of the notice hereinafter prescribed. Section 9. That the action of the City Council be considered to be and does hereby constitute notice to all concerned of the intention of this Council, in the event that no other qualified proposals are timely submitted, to accept the proposal of the Developer to lease the Property and to approve the Lease Agreement by and between City and Lessee. 15 Section 10. That the official notice of this offering and of the intent of the City, in the event no other qualified proposals are timely submitted, to approve the Lease Agree- ment, shall be a true copy of this Resolution, but without the attachments referred to herein. Section 11. That the City Clerk is authorized and directed to secure immediate publi- cation of said official notice in the Telegraph Herald, a newspaper having a general cir- culation in the community, by publication of the text of this Resolution without attach- th ments on or before the 5 day of July, 2013. Section 12. That written proposals for the lease of the Property will be received by the City Clerk at or before 10:00 a.m., August 5, 2013 in the Office of the City Clerk, lo- th cated on the first floor at City Hall, 50 West 13 Street, Dubuque, Iowa 52001. Each proposal will be opened at the hour of 10:00 a.m. in City Hall, Dubuque, Iowa on August 5, 2013. Said proposals will then be presented to the City Council at 6:30 p.m., August 5, 2013, at a meeting to be held in the City Council Chambers, Historic Federal Building th at 350 West 6 Street, Dubuque, Iowa. Section 13. That such offering shall be in substantial conformance with the provisions of Iowa Code Section 403.8, requiring reasonable competitive bidding procedures as are hereby prescribed, which method is hereby determined to be the appropriate meth- od for development of the Property. Section 14. That the required documents for the submission of a proposal shall be in substantial conformity with the provisions of this Resolution. Section 15. That the City Clerk is hereby nominated and appointed as the agent of the City of Dubuque, Iowa to receive proposals for the lease of the Property on that date and according to the procedure hereinabove specified for receipt of such proposals and to proceed at such time to formally acknowledge receipt of each of such proposal by noting the receipt of same in the Minutes of the Council; that the City Manager is hereby authorized and directed to make preliminary analysis of each such proposal for compli- ance with the minimum requirements established by this Council hereinabove. For each proposal that satisfies these requirements, the City Council shall judge the strength of the proposal by the competitive criteria established hereinabove. The City Council shall then make the final evaluation and selection of the proposals. Section 16. Each proposal submitted which satisfies the foregoing minimum require- ments, as determined by the City Manager, shall be reviewed on the basis of the strength of such proposal under the following Competitive Criteria: Quality of the Proposed Development: (1) The total cost of the project. (2) The types of materials to be used in the proposed improvements. (3) Overall project amenities. Architectural Design of the Proposed Development: (1) The compatibility of the design with adjacent structures, vistas, pedestrian traffic, vehicular activities, and future development of adjacent properties. (2) The functional design of the site, the structures, and all public spaces. (3) The aesthetic quality of the development and its sensitivity to the use and future development of adjacent properties. (4) The type, size and arrangement of facades or signage along each street frontage. Economic Feasibility of the Proposed Development: (1) The economic return to the City provided by the proposed development, including but not limited to, the amount of lease revenue generated, the property and sales taxes 16 and wharfage fees generated, the number of jobs provided, and the encouragement of related development in the area. (2) The ability of the prospective developer to finance and complete the project as proposed. (3) The financial impact of the proposed development upon the City's operating budget and capital improvement plan, particularly as it relates to the construction and maintenance of any required public improvements. Section 17. If, and only if, competing proposals are received and determined by the Council to meet the minimum requirements described herein, the Lessee shall be al- lowed to amend its proposal in response thereto and to deliver same to the City Manag- er, by no later than a date determined by the City Council. In such event, the Council shall schedule a subsequent meeting to be held by the City Manager at which there shall be a bid-off conducted by the City Manager. During such bid-off, each competing bidder shall bid against the other, starting with the second proposal received and con- tinuing until such time as each bidder shall decline to improve its proposal to acquire and redevelop the Property in response to the last bid of the other bidder or bidders. The period of time to be allowed for such bid-off shall be determined by the City Man- ager. The rules of such bid-off shall be as determined by the City Manager at or before such bid-off period and shall be absolute. Section 18. That in the event another qualified proposal is timely submitted and ac- cepted by the City, another and further notice shall be published of the intent of the City of Dubuque, Iowa, to enter into the resulting agreement, as required by law. st Passed, approved and adopted this 1 day of July, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Applicants were invited to speak regarding their appointment to the following board/commission: Investment Oversight Advisory Commission: One – 3 year terms through July 1, 2016 st (expiring term of Ruden). Applicant: Gary Ruden, 325 W 1 Street. Appointments were made to the following boards/commissions: Community Development Advisory Commission: One – 3 year term through February 15, 2016 (vacant term of Koshakji). Applicant: Mary Bridget Corken, 2353 Martin Dr. Motion by Braig to appoint Mary Bridget Corken to the remainder of a 3-year term through February 15, 2016. Seconded by Lynch. Motion carried 7-0. Historic Preservation Commission (Reconsideration): One – 3 year terms through Ju- ly 1, 2016 (expiring terms of McDonell; Jackson Park District). Applicant: Robert M. th McDonell, 135 West 17 St. The application of Benjamin Beard, Churchill St. was re- moved in lieu of an application from a Jackson Park Historic District resident application. Motion by Jones to reconsider and appoint Robert McDonell to a 3-year term through July 1, 2016. Seconded by Resnick. Motion carried 7-0. Zoning Advisory Commission: One – 3 year term through July 1, 2016 (expiring term of Norton). Applicant: Patrick Norton, 920 Valentine Dr. Motion by Braig to appoint Pat- rick Norton to a 3-year term through July 1, 2016. Seconded by Resnick. Motion carried 7-0. 17 PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. Weaver Castle, LLC – Development Agreement for 346-348 W. Locust Street: Proof of publication on notice of public hearing to consider a Development Agreement with Weaver Castle, LLC to redevelop the property located at 346-348 West Locust Street and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 201-13 Approval disposal of an interest in real property owned by the City of Dubuque by sale through a Development Agreement with Weaver Castle, LLC. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 201-13 APPROVING DISPOSAL OF AN INTEREST IN REAL PROPERTY OWNED BY THE CITY OF DUBUQUE BY SALE THROUGH A DEVELOPMENT AGREEMENT WITH WEAVER CASTLE LLC Whereas, the City of Dubuque, Iowa is the owner of the real property located at 346- 348 West Locust Street (the Property); and Whereas, the City of Dubuque, Iowa, is interested in stimulating reinvestment in the Greater Downtown Urban Renewal District; and Whereas, Weaver Castle LLC has proposed a Development Agreement to acquire and rehabilitate the Property to construct five market rate residential units; and Whereas, the City Clerk published a notice as required by law soliciting competitive proposal for the Property; and Whereas, as of 10:00 a.m. on June 25, 2013, the City Clerk received no competitive proposals for the Property; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to approve the Development Agreement proposed by Weaver Castle LLC. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Development Agreement between the City and Weaver Castle LLC is hereby approved. Section 2. The Mayor is authorized and directed to execute said Development Agreement on behalf of the City of Dubuque. st Passed, approved and adopted this 1 day of July, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated limited discussion to the City Council. ACTION ITEMS 30-Inch Force Main Replacement Project Phase I Award: City Manager recommend- th ing award of the contract for the 30-Inch Force Main Relocation Project from 7 Street th to 12 Street around the former Public Works Garage Site and the Alliant Energy site to the low bidder, Portzen Construction. Motion by Lynch to receive and file the documents 18 and adopt Resolution No. 202-13 Awarding public improvement contract for the 30-Inch thth force Main Relocation Project Phase I from 9 Street to 11 Street. Seconded by Jones. City Engineer Gus Psihoyos responded to questions regarding the unknown cost of soil contamination and that some contractors chose not to participate in the Hazmat training as part of the project bid. Motion carried 7-0. RESOLUTION NO. 202-13 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR 30 INCH FORCE MAIN RE- THTH LOCATION PROJECT – PHASE I FROM 9 STREET TO 11 STREET Whereas, sealed proposals have been submitted by contractors for the 30 Inch Force thth Main Relocation Project – Phase I from 9 Street to 11 Street (the Project) pursuant to Resolution No. 166-13 and Notice to Bidders published in a newspaper published in the th City of Dubuque, Iowa on the 7 day of June, 2013; and th Whereas, said sealed proposals were opened and read on the 20 day of June, 2013 and it has been determined that Portzen Construction, Inc. of Dubuque, Iowa with a bid proposal in the amount of $899,622.50, is the responsive, responsible bidder for the Project; and Whereas, it has been determined that it is in the best interest of the City of Dubuque to enter into an improvement contract with Portzen Construction, Inc. for said Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Portzen Construction, Inc. and the City Manager is hereby directed to execute a Public Im- provement Contract on behalf of the City of Dubuque for the Project. st Passed, approved and adopted this 1 day of July, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk Code of Ordinances - Title 8 Human Rights Amendment: City Manager recommend- ing approval of an amendment to Dubuque Ordinance Section 8-3A-2, which deals with defenses, exemptions and exclusions to the disability protections. 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 Braig. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 31-13 Amend- ing City of Dubuque Code of Ordinances Title 8 Human Rights, Chapter 3 Unfair and Discriminatory Practices, Article A Disability Discrimination, Section 8-3A-2 Defenses, Exemptions and Exclusions by moving transvestism, transexualism and gender identity from Criminal Behavior to General Exclusion. Seconded by Braig. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 31-13 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 8 HUMAN RIGHTS, CHAPTER 3 UNFAIR AND DISCRIMINATORY PRACTICES, ARTICLE A DISABILITY DISCRIMINATION, SECTION 8-3A-2 DEFENSES, EXEMPTIONS AND EXCLUSIONS BY MOVING TRANSVESTISM, TRANSEXUALISM AND GENDER IDENTITY FROM CRIMINAL BEHAVIOR TO GENERAL EXCULSION 19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 8-3A-2 of the City of Dubuque Code of Ordinances is amended to read as follows: 8-3A-2: DEFENSES, EXEMPTIONS AND EXCLUSIONS: C. For purposes of the definition of “disability” in section 8-1-1, the following are not impairments and as such are not disabilities under this article: 1. Homosexuality, bisexuality, transvestism, transexualism, and gender identity dis- orders not resulting from physical impairments. 2. Pedophilia, exhibitionism, voyeurism, or other sexual behavior disorders; 3. Compulsive gambling, kleptomania, or pyromania; or 4. Psychoactive substances use disorders resulting from current illegal use of drugs. Section 2. This Ordinance takes effect upon publication. st Passed, approved, and adopted the 1 day of July, 2013. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk th Published officially in the Telegraph Herald newspaper on the 5 day of July, 2013. /s/Kevin S. Firnstahl, City Clerk Code of Ordinances - Southwest Arterial Corridor and East/West Corridor Moratorium Amendments: City Manager recommending adoption of four ordinances, which extend the moratoriums for construction, rezoning, subdivision review, and site plan approval in the Southwest Arterial Corridor and the East/West Corridor Study Areas. Motion by Jones to receive and file the documents and that the requirement that a proposed ordi- nance 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 Resnick. Motion carried 7-0. Motion by Lynch for final consideration and passage of Ordinance No. 32-13 Amend- ing City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 2 Building Construction, Demolition and Moving, Section 14-2-4 Moratorium for Construc- tion or Other Work on Certain Streets, Areas or Facilities by Extending The Moratorium; Ordinance No. 33-13 Amending City of Dubuque Code of Ordinances Title 16 Unified Development Code, Chapter 9 Zoning Advisory Commission Applications and Proce- dures, Section 16-9-5-3 City Council Action by Extending Moratorium; Ordinance No. 34-13 Amending City of Dubuque Code of Ordinances Title 16 Unified Development Code, Chapter 11 Land Subdivision, Section 16-11-2 Applicability by Extending the Moratorium; and Ordinance No. 35-13 Amending the City of Dubuque Code of Ordi- nances Title 16 Unified Development Code, Chapter 13 Site Design Standards, Section 16-13-2 Applicability by Extending the Moratorium. Seconded by Braig. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 32-13 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 EXTENDING THE 20 MORATORIUM Section 1. City of Dubuque Code of Ordinances Section 14-2-4 is amended to read as follows: Section 14-2-4: Moratorium For Construction Or Other Work On Certain Streets, Are- as or Facilities: A. Southwest Arterial Corridor: The city manager may not issue any permit for any new construction or substantial enlargement, alteration, repair or remodeling of any structure, building, or sign in the southwest arterial corridor but not to include demolition, as delineated on drawings on file in the city clerk's office, from the effective date hereof to July 1, 2014, except where a vested right to the issuance of such permit accrued prior to the effective date hereof. B. East-West Corridor Study Area: The city manager may not issue any permit for any new construction or substantial enlargement, alteration, repair or remodeling of any structure, building, or sign in the east-west corridor study area as shown on the map on file in the office of the city clerk, but not to include demolition or emergency repairs, without the approval of the city council, from the effective date hereof to August 20, 2014, except where a vested right to the issuance of such permit accrued prior to the effective date hereof. Section 2. This Ordinance takes effect upon publication. st Passed, approved, and adopted the 1 day of July, 2013. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk th Published officially in the Telegraph Herald newspaper on the 5 day of July, 2013. /s/Kevin S. Firnstahl, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 33-13 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED DE- VELOPMENT CODE, CHAPTER 9 ZONING ADVISORY COMMISSION APPLICA- TIONS AND PROCEDURES, SECTION 16-9-5-3 CITY COUNCIL ACTION BY EX- TENDING MORATORIUM Section 1. City of Dubuque Code of Ordinances Section 16-9-5-3 is amended to read as follows: Section 16-9-5-3: City Council Action: D. Moratorium For Rezonings In The Southwest Arterial Corridor: The city council may not give final approval to any zoning reclassification (rezoning) request for property in the southwest arterial corridor that lies within the corporate limits of the city of Dubu- que, as delineated on drawings on file in the city clerk's office, from the effective date hereof to July 1, 2014, except where a vested right to the issuance of such approval ac- crued prior to the effective date hereof. Section 2. This Ordinance takes effect upon publication. st Passed, approved, and adopted the 1 day of July, 2013. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk th Published officially in the Telegraph Herald newspaper on the 5 day of July, 2013. /s/Kevin S. Firnstahl, City Clerk 21 OFFICIAL PUBLICATION ORDINANCE NO. 34-13 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED DE- VELOPMENT CODE, CHAPTER 11 LAND SUBDIVISION, SECTION 16-11-2 AP- PLICABILITY BY EXTENDING THE MORATORIUM Section 1. City of Dubuque Code of Ordinances Section 16-11-2 is amended to read as follows: Section 16-11-2: Applicability: C. Southwest Arterial Corridor Subdivision Review: A proposed plat that divides any parcel within the southwest arterial corridor into two (2) or more lots, and any prelimi- nary plat within the southwest arterial corridor must be submitted to the city council for review. No plat for any subdivision or re-subdivision of property in the southwest arterial corridor, as delineated on drawings on file in the city clerk's office, may be approved by the City Council, from the effective date hereof to July 1, 2014, except where a vested right to the issuance of such approval accrued prior to the effective date hereof. Section 2. This Ordinance takes effect upon publication. st Passed, approved, and adopted the 1 day of July, 2013. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 5th day of July, 2013. /s/Kevin S. Firnstahl, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 35-13 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED DEVELOPMENT CODE, CHAPTER 13 SITE DESIGN STANDARDS, SECTION 16-13- 2 APPLICABILITY BY EXTENDING THE MORATORIUM Section 1. City of Dubuque Code of Ordinances Section 16-13-2 is amended to read as follows: Section 16-13-2: Applicability: E. Moratorium For Site Plans In The Southwest Arterial Corridor: The city planner may not issue conditional or final approval for any site plan filed for property in the southwest arterial corridor that lies within the corporate limits of the city of Dubuque, as delineated on drawings on file in the city clerk's office, from the effective date hereof to July 1, 2014, except where a vested right to the issuance of such approval accrued prior to the effective date hereof. Section 2. This Ordinance takes effect upon publication. st Passed, approved, and adopted the 1 day of July, 2013. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk th Published officially in the Telegraph Herald newspaper on the 5 day of July, 2013. /s/Kevin S. Firnstahl, City Clerk Convention and Visitors Bureau Advisory Committee: Correspondence from Presi- dent and CEO Keith Rahe requesting two City Council appointments to the Dubuque 22 Convention and Visitors Bureau Advisory Committee in addition to the representative already serving on the Board of Directors. Motion by Jones to receive and file the doc- uments and appoint Council Members Joyce Connors and Lynn Sutton to the CVB Ad- visory Committee. Seconded by Braig. Motion carried 7-0. Purchase and Installation of Security Cameras: City Manager recommending ap- proval of purchase and installation of additional security cameras. Motion by Braig to Receive and file the documents and approve the recommendation. Seconded by Jones. City Manager Van Milligen, Street and Sewer Maintenance Supervisor John Kloster- mann, Traffic Engineer Duane Richter, and Police Chief Mark Dalsing responded to City Council questions regarding the criteria for choosing locations; cost effectiveness; im- pact on incidents; signage; interdepartmental training and use; and the development of a City policy related to surveillance cameras. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Jones remembered the 19 firefighters who died recently in the forest fires near Prescott, Arizona. CLOSED SESSION Motion by Jones to convene in closed session at 7:54 p.m. to discuss pending litiga- tion 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 8:55 stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 8:56 p.m. /s/Kevin S. Firnstahl, CMC City Clerk 23