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8 19 13 City Council Proceedings Official_Special and Regular CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:00 p.m. on August 19, 2013 th 2013 in the Historic Federal Building, 350 W. 6 Street. Present: Mayor Pro Tem Connors, Mayor Buol (joined at 5:10 p.m.); Council Mem- bers Braig, Jones, Lynch, Resnick, Sutton; City Manager Van Milligen, City Attorney Lindahl Mayor Pro Tem Connors 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. WORK SESSION Sustainable Dubuque Sustainability Coordinator Cori Burbach with a review of the agenda and introduced presenters: Chris Kohlmann, Information Services Manage for the City of Dubuque; Kelsey McElroy, Economic Development & Sustainability Coordinator for ECIA; and Maddie Cairney, Family Self Sufficiency Coordinator for the City of Dubuque who pre- sented on the following topics:  State of Sustainability Project history and timelines o Critical role of partnerships o  Economic Prosperity Creating Green Jobs, expanding markets, saving money o Smarter Resource Management o Smarter Sustainable Dubuque: Smarter Health and Wellness Pre-Pilot, o Smarter Discards Petal Project: Water Conservation, Waste Reduction, Energy Conserva- o tion, Community Education  Environmental Integrity 50% by 2030 Climate Action Plan o Catfish Creek Watershed Management Authority o  Social/Cultural Vibrancy Circles Initiative & Family Self-Sufficiency Program o Reasonable Mobility o  Community Engagement & Leadership Community Grants Program o Community-Created Initiatives o  Community Leader Case Studies Judy Giesen, Resurrection Parish: zero-waste festival o Rob Williams, Dubuque Bike Coop: Health and wellness bicycle recycling o program 1 Ashley Neisis; Washington Neighborhood community garden initiatives o  Sustainable Dubuque Pilot Assistance: Casey Muhm, Director of Sustainable In- novation for the Greater Dubuque Development Corp.  Sustainable Dubuque as a National Brand: Awards and Recognitions  Growing Sustainable Communities Conference, September 24-25, 2013. There being no further business upon motion the City Council adjourned at 6:26 p.m. /s/Kevin S. Firnstahl, CMC City Clerk 2 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on August 19, 2013 th 2013 in the Historic Federal Building, 350 W. 6 Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut- ton; City Manager Van Milligen Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PROCLAMATION(S) Irish Hooley Day (August 24, 2013) was accepted by event coordinator Michael th Lange, 563 W. 11 Street; Welcome College Students Week (August 19-25, 2013) was accepted by Rick Dick- inson, Greater Dubuque Development Corporation, 300 Main Street; th 50 Anniversary of the March on Washington for Jobs and Freedom (August 28, 2013) was accepted by Mary Sawyer and Judy Schmidt of the Day of Peace Committee and Human Rights Commissioner Anthony Allen; Geek the Library Month (September 2013) was accepted by Library Director Susan Henricks. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Resnick. Motion carried 7-0. Minutes and Reports Submitted: Cable TV Commission of 6/5; City Council proceed- ings 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. Upon motion the documents were received and filed. Notice of Claims and Suits: Brian Arbuckle for property damage; DeLos Bohnsock for property damage; Diane Unsen for vehicle damage. Upon motion the documents were received and filed and referred to the City Attorney. 3 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: Brian Arbuckle for property damage; Delos Bohnsock for property dam- age; Diane Unsen for vehicle damage. Upon motion the documents were received, filed and concurred. Parking License Agreement with Hillcrest Family Services: City Manager recom- mending approval of a one-year Parking License Agreement with Hillcrest Family Ser- vices, Inc. for 30 parking spaces in the Wilbright Lane parking lot in Flora Park. Upon motion the documents were received, filed and approved. th SEP Green Alley Project Acceptance (Jackson and Washington Streets from 16 to ththth 17 and Between Jackson and White Streets from 17 to 18): City Manager recom- mending acceptance of the SEP Green Alley Permeable Pavers Project – Between thth Jackson and Washington Streets from 16 to 17 and between Jackson and White thth Streets from 17 to 18, as completed by Drew Cook and Sons Excavating, Inc. Upon motion the documents were received and filed and Resolution No. 263-13 Accepting the SEP Green Alley Permeable Pavers Project – Between Jackson & Washington Streets thththth from 16 to 17 and between Jackson & White Streets from 17 to 18 and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 263-13 ACCEPTING THE SEP GREEN ALLEY PERMEABLE PAVERS PROJECT – BE- THTH TWEEN JACKSON & WASHINGTON STREETS FROM 16 TO 17 AND BE- THTH TWEEN JACKSON & WHITE STREETS FROM 17 TO 18 AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the SEP Green Alley Permeable Pav- thth ers Project – Between Jackson & Washington Streets from 16 to 17 and Between thth Jackson & White Streets from 17 to 18 (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Green Alley SEP Project fund, Green Alley Sanitary Fund, Green Alley Storm Fund, and the Green Alley Water Fund for the contract amount of $230,120.31 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. th Passed, approved and adopted this 19 day of August, 2013 Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk 4 CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE SEP GREEN ALLEY PERMEABLE PAVERS PROJECT – BETWEEN JACKSON & WASHINGTON thth STREETS FROM 16 TO 17 AND BETWEEN JACKSON & WHITE STREETS thth FROM 17 TO 18 The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the SEP Green Alley Permeable Pavers Project – Between Jackson & ththth Washington Streets from 16 to 17 and Between Jackson & White Streets from 17 to th 18, that the Project has been performed in compliance with the terms of the Public Im- provement Contract, and that the total cost of the completed work is $255,656.95. th Dated this 12 day of August, 2013. /s/Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 12 day of August, 2013. /s/Kevin S. Firnstahl, CMC, City Clerk 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 Boule- vard and Arlington Streets from Prairie Street to Dell Street, as completed by Portzen Construction, Inc. Upon motion the documents were received and filed and Resolution No. 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 was adopted. RESOLUTION NO. 264-13 ACCEPTING THE SEP GREEN ALLEY PERMEABLE PAVERS PROJECT – BE- TWEEN LORAS BOULEVARD AND ARLINGTON STREET FROM PRAIRIE STREET TO DELL STREET AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the SEP Green Alley Permeable Pav- ers Project – Between Loras Boulevard and Arlington Street from Prairie Street to Dell Street (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Green Alley SEP Project fund, Green Alley Sanitary Fund, Street Program related Sani- tary and the Green Alley Storm Fund for the contract amount of $180,891.84 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. th Passed, approved and adopted this 12 day of August, 2013 Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk 5 CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE SEP GREEN ALLEY PERMEABLE PAVERS PROJECT – BETWEEN LORAS BOULEVARD AND ARLINGTON STREET FROM PRAIRIE STREET TO DELL STREET The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the SEP Green Alley Permeable Pavers Project – Between Loras Boule- vard and Arlington Street from Prairie Street to Dell Street, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $191,892.65. th Dated this 12 day of August, 2013. /s/Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 12 day of August, 2013. /s/Kevin S. Firnstahl, CMC, City Clerk Iowa and Locust Parking Ramps Restoration Project - Bid Rejection: City Manager recommending rejection of all bids for the Iowa and Locust Parking Ramps Repair Pro- ject and to rebid the project under a different format at a later time. Upon motion the documents were received and filed and Resolution No. 265-13 Rejecting public im- provement - Iowa and Locust Street Parking Ramp Restoration Project Bid Package #1; and Resolution No. 266-13 Rejecting public improvement - Iowa and Locust Street Parking Ramp Restoration Project Bid Package #2 were adopted. RESOLUTION NO. 265-13 REJECTING PUBLIC IMPROVEMENT IOWA AND LOCUST STREET PARKING RAMP RESTORATION PROJECT BID PACKAGE # 1 Whereas, sealed proposals have been submitted by contractors for the IOWA AND LOCUST STREET PARKING RAMP RESTORATION PROJECT (the Project) pursuant to Resolution No. 258-13 and Notice to Bidders published in a newspaper published in th the City of Dubuque, Iowa on the 19 day of July, 2013. Whereas, said sealed proposal, identified as Bid Package # 1 was opened and read th on the 8 day of August, 2013 and it has been determined that the total project bids were substantially over the engineer’s estimate and that said bids are hereby rejected. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project # 1 is rejected. th Passed, approved and adopted this 19 day of August, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk RESOLUTION NO. 266-13 REJECTING PUBLIC IMPROVEMENT IOWA AND LOCUST STREET PARKING RAMP RESTORATION PROJECT BID PACKAGE # 2 Whereas, sealed proposals have been submitted by contractors for the IOWA AND LOCUST STREET PARKING RAMP RESTORATION PROJECT (the Project) pursuant to Resolution No. 258-13 and Notice to Bidders published in a newspaper published in 6 th the City of Dubuque, Iowa on the 19 day of July, 2013. Whereas, said sealed proposal, identified as Bid Package # 2 was opened and read th on the 8 day of August, 2013 and it has been determined that the received bids were substantially over the engineer’s estimate and that said bids are hereby rejected. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project # 2 is rejected. th Passed, approved and adopted this 19 day of August, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk Acquisition Plat for Right-of-Way at Kerper Blvd. and 16th Street: City Manager rec- ommending 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. Upon motion the documents were received and filed and Resolution No. 267-13 Approving the Acquisition Plat of Lot C of Bee Branch Subdivision No. 2 in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 267-13 APPROVING THE ACQUISITION PLAT OF LOT C OF BEE BRANCH SUBDIVISON NO. 2 IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated August 9, 2013 prepared by The City of Dubuque Engineering Department describing Lot C of Bee Branch Subdivision No. 2 in the City of Dubuque, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THE REFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated August 9, 2013 prepared by the City of Dubuque Engi- neering Department, relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. th Passed, approved and adopted this 19 day of August, 2013 Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk PEG Capital Expenditure Request: City Manager recommending approval of the Ca- ble 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 educa- tional access channel. Upon motion the documents were received, filed and approved. 7 2014 CLG Grant - Old Town Neighborhood National Register of Historic Places Nom- ination: City Manager recommending approval of a Certified Local Government (CLG) grant application to assist with preparing a National Register of Historic Places nomina- tion for the Old Town Neighborhood, located in the Washington Neighborhood. Upon motion the documents were received and filed and Resolution No. 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 was adopted. RESOLUTION NO. 268-13 AUTHORIZING A CLG GRANT APPLICATION TO THE STATE HISTORICAL SOCI- ETY OF IOWA TO PREPARE THE OLD TOWN NEIGHBORHOOD NATIONAL REG- ISTER OF HISTORIC PLACES NOMINATION. Whereas, the State Historical Society of Iowa has determined historic/architectural surveys and evaluations are eligible for Certified Local Government (CLG) funds; and Whereas, the City of Dubuque is a CLG in good standing and has approved a pro- gram to encourage the nomination of landmarks, landmark sites and historic districts to the National Register of Historic Places. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is authorized to sign and submit the application to the State Historical Society of Iowa for CLG Funds to prepare the Old Town neighborhood National Register of Historic Places Nomination. Section 2. That the City of Dubuque agrees to abide by all local, state and federal re- quirements applicable to the proposed budget. th Passed, approved and adopted this 19 day of August, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Request for Qualifications - Project Management for Brownfields Assessment Coop- erative Agreement Project: City Manager recommending approval of the issuance of a Request for Qualifications for project management and planning services for a Brown- fields Assessment Cooperative Agreement Project. Upon motion the documents were received, filed and approved. 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. Upon motion the documents were received, filed and approved. Housing Trust Fund Committee/ Community Development Advisory Commission: Communication from Housing Commission Chairperson Jim Holz requesting Council approval to appoint Commissioners Ricardo Woods and Dorothy Schwendinger to the Community Development Advisory Commission and the Housing Trust Fund Committee respectively. Upon motion the document was received, filed and approved. 8 Alcohol Compliance Civil Penalty for Alcohol License Holders – Ron's Discount Smokes & Beverage Center: City Manager recommending approval of the Acknowl- edgment/Settlement Agreement for an alcohol compliance violation for Ron's Discount Smokes & Beverage Center at 1450 Loras Blvd. Upon motion the documents were re- ceived, filed and approved. Tobacco Compliance – Civil Penalty for Tobacco License Holders – Ron's Discount Smokes & Beverage Center: City Manager recommending approval of the Acknowl- edgement/Settlement Agreement for a tobacco compliance violation for Ron's Discount Smokes and Beverage Center at 1450 Loras Blvd. Upon motion the documents were received, filed and approved. Health Innovation Grant Program Round 2 - Live Well, Dubuque Proposal: City Man- ager recommending that the City submit a Live Well, Dubuque Federal grant applica- tion. Upon motion the documents were received, filed and approved. Signed Contracts: R&W Restoration Change Order No. 001 for the City Hall Masonry Rehabilitation (Tuck Pointing) Project. Upon motion the documents were received and filed. Improvement Contracts and Maintenance Bonds: Ted Stackis Construction for de- th construction of 20 W. 18 Street property. Upon motion the documents were received, filed and approved. Alcohol License Applications: City Manager recommending approval of annual liquor, beer, and wine licenses as submitted. Upon motion the documents were received and filed and Resolution No. 269-13 Approving applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and Li- cense Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 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 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- 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 9 documentation. Chances R1046 Central Ave.Class C Liquor (Outdoor) (Sunday) Courtside Sports Bar & Grill2095 Holliday Dr.Class C Liquor (Outdoor) (Sunday) Dubuque Quick Stop Mart1401 Central Ave.Class C Beer (Sunday) Family Mart, Inc.3201 Central Ave.Class C Beer, Class B Wine (Sun- day) Hilton Garden Inn/Houlihan1801 Greyhound Park Dr.Class B Liquor (Outdoor) (Sunday) Holy Spirit Church, Dubuque2921 Central Ave.Class C Beer (Sunday) Loras College1600 Cox St.Class C Liquor (Outdoor) Athletic and Wellness Center Lucky 13 Tap385 E 13 th St.Class C Liquor (Sunday) Mandolin Inn, The199 Loras Blvd.Class B Native Wine (Living Quarters (Sunday) Ron's Discount Smokes & Bev. 3300 Asbury Rd.Class C Beer, Class B Native Wine Cntr. # 1 (Sunday) Sid's Beverage Store, Inc.2727 Dodge St.Class E Liquor, Class B Wine, Class C Beer (Sunday) Tri-State Independent Blind 3333 Asbury Rd.Special Class C Liquor Society Special Event Tri-States Chili Cook-off4 th and Bluff St.Class B Beer (Outdoor) New corner grill1689 Elm St.Special Class C Liquor (Outdoor) th Passed, approved and adopted this 19day of August, 2013. Roy D. Buol, Mayor Kevin S. Firnstahl, City Clerk Attest: 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 Connors. Motion carried 7-0. Fiscal Year 2014 Budget Amendment No 1.: City Manager recommending that a pub- lic hearing be set for September 3, 2013 for Fiscal Year 2014 Budget Amendment No. 1. Upon motion the documents were received and filed and Resolution No. 270-13 Set- ting the date for the public hearing on Amendment No. 1 to the Fiscal Year 2014 Budget for the City of Dubuque was adopted setting a public hearing for a meeting to com- mence at 6:30 p.m. on September 3, 2013 in the Historic Federal Building. RESOLUTION NO. 270-13 SETTING THE DATE FOR THE PUBLIC HEARING ON AMENDMENT NO. 1 TO THE FISCAL YEAR 2014 BUDGET FOR THE CITY OF DUBUQUE Whereas, Iowa Code Section 384.16 provides that the City Council shall set a time and place for a public hearing on amendments to the budget and publish notice before 10 the hearing as provided in Iowa Code Section 362.3. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on proposed Amend- ment No. 1 to the Fiscal Year 2014 budget for the City of Dubuque at the City Council th Chambers at the Historic Federal Building, 350 West 6 Street, Dubuque, Iowa, on Tuesday, September 3, 2013, beginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish no- tice of the public hearing, according to law, together with the required budget infor- mation. th Passed, approved and adopted this 19 day of August 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Water & Resource Recovery Center Catfish Station Electrical Repairs FEMA: City Manager recommending initiation of the bidding process for the Catfish Station Electri- cal Repairs FEMA Project and further recommends that a public hearing be set for Sep- tember 16, 2013. Upon motion the documents were received and filed and Resolution No. 271-13 (1) Preliminary approval of plans, specifications, form of contract, and esti- mated 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 was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 16, 2013 in the Historic Federal Building. RESOLUTION NO. 271-13 RESOLUTION (1) PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS (2) RESCINDING RESOLUTION NO. 234-13 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Section 1: The proposed plans, specifications, form of contract and estimated cost for the Water & Resource Recovery Center Catfish Station Electrical Repairs FEMA, in the estimated amount of $132,482.70 are hereby preliminarily approved and ordered on file in the Office of the City Clerk for public inspection. th Section 2: A public hearing will be held on the 16 day of September, 2013, at 6:30 p.m. in the second-floor City Council Chambers of the Historic Federal Building, 350 W. th 6 Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project. Section 3: The City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, by publishing the attached Notice to Bidders in accordance with Iowa Code. Section 4: Resolution Nos. 234-13 is hereby rescinded. th Passed, adopted and approved this 19 day of August, 2013. 11 Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Appointments were made to the following boards/commissions: Housing Trust Fund Advisory Committee: One 3-year term through September 8, 2016 (Expiring term of Walsh). Applicant: John Walsh, 3116 Spring Valley Rd. Motion by Braig to appoint John Walsh to a 3-year term through September 8, 2016. Seconded by Connors. Motion carried 7-0. Transit Advisory Board:One 3-year term through July 30, 2016 (Expiring term of Knight). Applicant: Rhonda Knight, 250 West 6th St. Motion by Connors to appoint Rhonda Knight to a 3-year term through July 30, 2016. Seconded by Braig. Motion car- ried 7-0. Zoning Board of Adjustment: One 5-year term through March 25, 2018 (At-Will term of Klauer). Applicant: Jonathan McCoy, 263 Main St. Motion by Braig to appoint Jona- than McCoy to a 5-year term through March 25, 2018. Seconded by Connors. Motion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. 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 Zon- ing Advisory Commission recommending approval. Restated motion by Connors to re- ceive and file the documents and consider the first reading of a proposed ordinance amending City of Dubuque Code of Ordinances, Title 16 Unified Development Code, Chapter 7 Supplemental Use Regulations Section 7-1.3 Prohibited Home-Based Busi- ness Uses to add firearm sales as a prohibited home-based business. Seconded by Jones. Motion carried 5-2 with Lynch and Resnick voting nay. Assistant Planner Kyle Kritz and Zoning Advisory Commission Chair Charlie Miller provide a staff report and responded to questions from the City Council. Beverly Knockel, 910 Hawkeye Drive; Mary Sutter, 882 Stone Ridge; Diane & Kevin Koch, 285 So. Grandview Ave.; Suzanne Dobbs, 3745 Buckeye Court; Burton Everist, 2677 Knob Hill Drive; and Patricia Anderson, 970 Hawkeye Drive spoke in favor of the amendment. John Kemps, 747 Kaufmann Avenue; Jacob Long, 4604 Cardinal Drive; Jennifer Smith, 7804 Trail Edge Drive; Ron Hickson Street, 2608 Rosewood Street; Dan McNamer, 1867 Phyllrich Drive; Will Johnson, 2090 Key Largo Drive; Bob Renne, 1950 Avalon Road; Daryl Klein, 20757 Klein Lane, Durango; Joel Pusateri, 3530 Hillcrest Road; and John Psaros, 2211 Rhomberg Ave. spoke in opposition to the amendment. 12 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 agree- ment with Weaver Castle, LLC to redevelop the property located at 346-348 W. Locust Street and the City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 272-13 Approving the disposal of an inter- est in real property owned by the City of Dubuque by sale through a development agreement with Weaver Castle, LLC. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 272-13 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) legally described as follows: Lot 5 of the Subdivision of Lots 10 and 11; the Southeasterly 26 feet 9 inch- es of Lot 12; the Northwesterly 23 feet 3 inches of Lot 12, and the South- easterly 8 feet 3 inches of Lot 13, in D.N. Cooley's Subdivision of Out Lots 667, 668 and 669 to Dubuque, in the City of Dubuque, Iowa (the Real Es- tate); 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 August 16, 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 and the sale of the Property as provided in the Development Agreement. 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, including the sale of the Property as provide therein, is hereby approved. Section 2. The Mayor is authorized and directed to execute said Development Agreement on behalf of the City of Dubuque. th Passed, approved and adopted this 19 day of August, 2013. Roy D. Buol, Mayor Kevin S. Firnstahl, City Clerk Attest: Sale of Property at 2318 Washington Street: Proof of publication on notice of public hearing to consider the disposal of City-owned real property located at 2318 Washing- ton Street to Brian J. Nilles and the City Manager recommending approval. Motion by Braig to receive and file the documents and adopt Resolution No. 273-13 Approving the sale of real estate located at 2318 Washington Street, in the City of Dubuque. Second- ed by Resnick. Motion carried 7-0. 13 RESOLUTION NO. 273-13 APPROVING THE SALE OF REAL ESTATE LOCATED AT 2318 WASHINGTON STREET, IN THE CITY OF DUBUQUE, IOWA Whereas, the City acquired the property at 2318 Washington Street for the purpose of its restoration and re-sale for owner-occupied housing as part of the Bee Branch re- alignment project; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the sale of the following legally- described property: Lot 1 Bee Branch Sub. No. 5 in the City Of Dubuque, Iowa, according to the recorded plat thereof – 2318 Washington Street at the cost of $102,000. Section 2. That the City of Dubuque be and is hereby authorized to provide a Special Warranty Deed to the buyer, conveying the City’s interest to Brian J. Nilles for the here- in-described real estate. Section 3. That the City Clerk be and is hereby authorized and directed to cause said Special Warranty Deed to be recorded in the Office of the Dubuque County Recorder, together with certified copy of the 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 19th day of August, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS “Together we are one Dubuque" Public Art Proposal Presentation: Project Directors Geri Shafer, 1207 Adeline Street; and Gene Tully, 448 Summit Street, presented a pub- lic/private partnership public art proposal entitled “Together we are one Dubuque, and th we are a ripple” that is being suggested for the green space at 5 and Bell Streets. Mo- tion by Jones to receive and file the documents and support and endorse the project. Seconded by Connors. Motion carried 7-0. Addition of Sustainable Dubuque Community Health & Safety Principle: City Manager th recommending approval of the addition of Community Health & Safety as the 12 prin- ciple in the Sustainable Dubuque model. Motion by Connors to receive and file the doc- uments and approve the recommendation. Seconded by Braig. Motion carried 7-0. Sustainable Dubuque Community Grant Applications: City Manager recommending approval of Round 2 of the Sustainable Dubuque Community grant applications. Motion by Connors to receive and file the documents and approve the recommendation. Se- conded by Lynch. Motion carried 7-0. 14 Purina Drive Barge Docking Facility Repair Project Award: City Manager recom- mending award of the contract for the Purina Drive Barge Docking Facility Repair Pro- ject to the low bidder, Newt Marine and further recommends that the City Council rec- ognize that there was an irregularity in the original bid submittal from Newt Marine, waive its original unit pricing bid, and accept its clarified unit pricing. City Attorney submitting information related to the project award. Correspondence from Krista L. Taylor, President of Taylor Construction, Inc., re- questing to address the City Council regarding the project award. Correspondence from Krista L. Taylor, President of Taylor Construction, Inc., ex- pressing her concerns about how the bid opening was handled. Motion by Jones to receive and file the documents, waive the irregularity, accept the revised bid, and adopt Resolution No. 274-13 Awarding the public improvement contract for the Purina Drive Barge Docking Facility Repair Project CIP #6802479. Seconded by Resnick. Krista Taylor, Vice President of Taylor Construction, 7314 Columbus St., New Vienna, Iowa, spoke in opposition to acceptance of the bid citing bid irregularities. Mo- tion carried 7-0. RESOLUTION NO. 274-13 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE PURINA DRIVE BARGE DOCKING FACILITY REPAIR PROJECT CIP# 6802479 Whereas, sealed proposals have been submitted by contractors for the Purina Drive Barge Docking Facility Repair Project CIP# 6802479 (the Project) pursuant to Resolu- tion No. 231-13; and Whereas, said sealed proposals were opened and read publicly by the Assistant City th Clerk on the 6 day of August 2013, and it has been determined that Newt Marine of Dubuque, Iowa with the bid in the amount of $589,850.00 is the lowest responsive, re- sponsible bidder for the 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 Newt Ma- rine, and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. th Passed, approved and adopted this 19 day of August, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk 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. Mo- tion by Braig to receive and file the documents and adopt Resolution No. 275-13 Award- thth ing public improvement contract for the 9 Street and 11 Street One-Way to Two-Way Conversion Project. Seconded by Connors. Motion carried 6-1 with Resnick voting nay. RESOLUTION NO. 275-13 THTH AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE 9 STREET AND 11 STREET ONE-WAY TO TWO-WAY CONVERSION PROJECT 15 th Whereas, sealed proposals have been submitted by contractors for the 9 Street and th 11 Street One-way to Two-way Conversion Project (the Project) pursuant to Resolu- tion No. 208-13. Whereas, said sealed proposals were opened and read by the City of Dubuque on th the 8 day of August, 2013, and it has been determined that Portzen Construction, Inc. of Dubuque, Iowa with a bid in the amount of $797,011.20, is the lowest responsive, re- sponsible bidder for the 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. th Passed, approved and adopted this 19 day of August, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk Request for Work Session - New Airport Terminal Building: City Manager recom- mending a work session be set for October 21, 2013 at 4:30 p.m. to tour the new Airport Terminal Building. Motion by Lynch to receive and file the documents and set the public hearing as recommended. Seconded by Connors. Motion carried 7-0. There being no further business, upon motion the City Council adjourned at 9:00 p.m. /s/Kevin S. Firnstahl, CMC City Clerk 16