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10 1 12 City Council AgendaROLL CALL ORDER FOR MEETING OF 1011,2012 Jones, Lynch, Resnick, Sutton, Braig, Buol, Connors CITY OF DUBUQUE,IOWA CITY COUNCIL MEETING Historic Federal Building 350 W. fith Street, Dubuque October 1, 2012 Council meetings are video streamed live and archived at www.citvofdubuaue.ora /media and on Dubuque's CityChannel on the Mediacom cable system at Channel8 (analog) and 97.2 (digital). REGULAR SESSION 6:30 PM PLEDGE OFALLEGIANCE MOMENT OF SILENCE May the spirit of wisdom keep our hearts and minds open aswe endeavor to serve the common good. PROCLAMATION(S) 1. Crop Walk Day (October 7, 2012) Crop Walk Day P roclamation 2. Trick -or -Treat Night (October 31, 2012) Tridc-or -Treat Night Proclamation 3. Arts and Hurna sties Month (October 2012) Arts Month Proclamation 4. Make a Will Month (October 2012) Make a Will Month Prodamation, PRESENTATION(S) 1. Iowa American Public Works Award - Historic Millwork District CNiI Engineer II Jon Dienstto present the American Public Works Association (APWA), Iowa Chapter, Project of the Year Award in Transportation for the Historic Millwork District Complete Streets Project. APWA Project Press Release CONSENT ITEMS The consent agenda items are considered to be routine and non - controversial and all consent itemswill be normally voted upon in a single motion without any separate discussion on a particular item. If youwould liketo discuss one of the Consent Items, please go to the microphone and be recognized by the Mayor and state the itemyou would like removedfromthe Consent Agenda for separate discussion and consideration. 1. Minutes and Reports Submitted City Council proceedings of 9117; Housing Code Board of Appeals of 6/19; Housing Commission of 8/28; Sister City Relationships Advisory Commission of 9/5; TransitAdvisory Board of 9/13; Proof of Publication for City Council proceedings of 8/28, 8/29, and 914 Suggested Disposition: Receive and File City Council Proceedings 9/7 Housing Code Minutes 6/19 Housing Commission Minutes 8/28 Sister City M inutes 9/5 Transit Advisory Board Minutes 9/13 Proof - City Council Proceedings 8/27 Proof - City Council P roceedincis 8/28 Proof - City Council Proceedings 9/4 2. Notice of Claims and Suits Dubuque Hose and Fydraulic for properly damage; Janice Even for vehicle damage; Cindy Hedley for property damage; Frank Vlach, III, for vehicle damage Suggested Disposition: Receive and File; Refer to City Attorney Dubuque Hose & Hydraulic Claim, Hedley Claim, Vlach Claim, Even Claim, 3. Disposition of Claims Dubuque Hose and Hydraulics for property damage, Cindy Hedley for property damage Suggested Disposition: Receive and File; Concur ICAP Claims, 4. Iowa Great River Road Corridor Management Plan City Manager recommending approval of a $1,000 financial contribution to support the redevelopment of the Corridor Management Plan for the Iowa Great River Road. Suggested Disposition: Receive and File; Approve Support of Iowa Great River Road Corridor Management Plan -MVM Memo Staff Memo Map & Letter 5. Smart Planning Consortium Update City Manager transmitting an update on the work of the Dubuque County Smart Planning Consortium on eight draft chapters of the Dubuque County Regional Smart Plan for sustainable development and upcoming public input meetings. Suggested Disposition: Receive and File Smart Planning Consortium Update -MVM Memo, Staff Memo, Housing & Economic Development, Hazard Mitigation & Public Infrastructure, Agriculture & Natural Resources, Intergovernmental Collaboration, Issues & Opportunities and Community Character, Public Input Meeting Announcement, 6. Circles Initiative Grant Application City Manager recommending approval of the grant applications for the Community Impact Grant and the Theisen's More for Your Community Grant for the Circles Initiative, as submitted to the Community Foundation of Greater Dubuque. Suggested Disposition: Receive and File; Approve Circles Initiative Grant Applications -MVM Memo, Circles Initiative Grant Application Memo, Community Impact Grant Application, Theisen's More for Your Community Grant 7. East Central Iowa Intergovernmental Agency (ECIA) - Management Contract Amendment City Manager recommending approval of an Amendment to the Management Agreement between the City of Dubuque and East Central Intergovernmental Association to reflect the addition of the Urban Mobility Coordinator position. Suggested Disposition: Receive and File; Approve Recommendation to Amend Management Contract with ECIA -MVM Memo Staff Memo Management Contract Amendment, 8. Federal Emergency Management Agency (FEMA) - Buy -Out Program Demolition Bidding City Manager recommending approval of the bid specifications and demolition agreement to allow re- bidding for the demolition of the flood damaged property at 1654 Manson Road. Suggested Disposition: Receive and File; Approve FEMA Buy -Out Program Demolition Bidding -MVM Memo, Staff Memo, Bid Documents, Contract, f\Ip, 9. Hillcrest Family Services - Murphy Park Agreement City Manager recommending approval of an agreement with Hillcrest Family Services for use of Murphy Park from October 30th through January 10th to set up a holiday light display. Suggested Disposition: Receive and File; Approve Agreement with Hillcrest Family Services to Use Murphy Park -MVM Memo, Staff Memo , Agreement 10. Eleventh Street Stair and Handrailing Repair Project Acceptance City Manager recommending acceptance of the public improvements for the 11th Street Stair and Handrail Repair Project, as completed by Drew Cook & Sons Excavating. RESOLUTION Accepting the 11th Street Stair and Handrailing Repair Project, and authorizing the payment of the contract amount to the contractor. Suggested Disposition: Receive and File; Adopt Resolution(s) 11th Street Stair and Handrail Repair Project -MVM Memo, Staff Memo, Resolution, Project Payment Forms, 11. Drainage Basin Master Plan Update City Manager recommending approval to enter into a professional services agreement with HDR Engineering to update the Drainage Basin Master Plan to include current and planned undertakings. Suggested Disposition: Receive and File; Approve Drainage Basin Master Plan Update -MVM Memo, Staff Memo, Service Agreement, 12. Iowa DOT Title VI Assurances and Nondiscrimination Agreement City Manager recommending approval of the Title VI Assurances and Title VI Nondiscrimination Agreement between the Iowa Department of Transportation and the City of Dubuque related to local projects that are eligible for federal aid funding, and appointing City Engineer Gus Psihoyos as the Title VI Coordinator. Suggested Disposition: Receive and File; Approve Iowa DOT Title VI Assurances and Nondiscrimination Ageement -MVM Memo Iowa DOT Title VI Agreement - Staff Memo Iowa DOT Title VI Assurances, Iowa DOT Title VI Nondiscrimination Agreement, Iowa DOT IM 1070 Title VI and Nondiscrimination Requirements, 13. Environmental Stewardship Advisory Commission Commissioner Gayle Walter submitting her resignation from the Environmental Stewardship Advisory Commission. Suggested Disposition: Receive and File; Accept Resignation Walter Resignation Letter 14. Civil Service Commission Civil Service Commission submitting the certified lists for the positions of Cashier and Confidential Account Clerk. Suggested Disposition: Receive and File; Make Matter of Record Cashier List Confidential Account Clerk List, 15. Catfish Creek Watershed Management Plan - Grant Application City Manager recommending submittal of a grant application to the Iowa Department of Natural Resources for the Catfish Creek Watershed Management Plan. RESOLUTION Authorizing grant application to Iowa Department of Natural Resources for creation of a Watershed Plan for the Catfish Creek Watershed Management Authority Suggested Disposition: Receive and File; Adopt Resolution(s) Grant Application for Catfish Creek Watershed Management Plan -MVM Memo, Staff Memo, Resolution, Request for Proposal Watershed Management Plan, Watershed Management Authority Grant Application, 16. St. Mary's Condominiums - Housing Enterprise Zone Agreement City Manager recommending approval of the Housing Enterprise Zone Program Agreement for St. Mary's Condominiums, LLC for redevelopment of the former St. Mary's School Building located at 1501 Jackson Street into 10 multi - family housing units. RESOLUTION Approving a Housing Enterprise Zone Program Agreement by and among the Iowa Economic Development Authority, the City of Dubuque and St. Mary's Condominiums, LLC Suggested Disposition: Receive and File; Adopt Resolution(s) HEZ Agreement St. Mary's Condominiums -MVM Memo, Staff Memo Resolution, Housing Enterprise Zone Program Agreement 17. Dubuque Convention and Visitors Bureau Keith Rahe, President of the Dubuque Convention and Visitors Bureau (CVB) submitting information from the September 20, 2012 CVB Advisory Board meeting. Suggested Disposition: Receive and File CVB Advisory Board Agenda 9/20/12, CVB Advisory Board Minutes 9/20/12, CVB Grouped Income Statement August 2012, 18. Request for Proposals - 5th and Bluff Street Public Restroom Design City Manager recommending approval of the Request for Proposals for the 5th and Bluff Street Public Restroom Project Design. Suggested Disposition: Receive and File; Approve 5th and Bluff Street Public Restroom Design RFP -MVM Memo, Staff Memo 5th and Bluff Public Restroom Design RFP, 19. Alcohol License Renewals City Manager recommending approval of annual liquor, beer, and wine licenses as submitted. RESOLUTION Approving applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits Suggested Disposition: Receive and File; Adopt Resolution(s) Liquor License Renewals -MVM Memo Police Memo, Resolution ITEMS TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. 1. General Obligation Bonds Series 2012E City Manager recommending that a public hearing be set for October 15, 2012, on the proposition of selling not to exceed $700,000 in General Obligation Bonds, the proceeds of which will be used to pay costs of projects in the City budget previously approved by the City Council. RESOLUTION Fixing date for a meeting on the proposition of the issuance of not to exceed $700,000 Of General Obligation Bonds, Series 2012E (for General Corporate Purposes) and providing for publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 10/15/12 $700,000 General Obligation Bonds Series 2012E -MVM Memo, Staff Memo, Bond Counsel Letter, Resolution, Preliminary Official Statement, 2. Essential Corporate Purpose General Obligation Bonds Series 2012E City Manager recommending that a public hearing be set for October 15, 2012 on the proposition of selling not to exceed $4,000,000 in General Obligation Bonds, the proceeds of which will be used to pay costs of projects in the City budget previously approved by the City Council. RESOLUTION Fixing date for a meeting on the proposition of the issuance of not to exceed $4,000,000 General Obligation Bonds, Series 2012E, (for Essential Corporate Purposes) of the City of Dubuque, Iowa, and providing for publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 10/15112 $4,000,000 Essential Corporate Purpose General Obligation Bonds Series 2012E - MVM Memo, Staff Memo, Bond Counsel Letter, Resolution, Preliminary Official Statement 3. General Obligation Urban Renewal Bonds City Manager recommending that a public hearing be set for October 15, 2012, on the proposition of selling not to exceed $12,000,000 in General Obligation Urban Renewal Bonds, the proceeds of which will be used to fund urban renewal projects in the City budget previously approved by the City Council. RESOLUTION Fixing date for a meeting on the proposition of the issuance of not to exceed $12,000,000 General Obligation Urban Renewal Bonds (for Urban Renewal Purposes) of the City of Dubuque, Iowa, and providing for publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 10/15/12 $12,000,000 General Obligation Urban Renewal Bonds- MVM memo, Staff Memo, Bond Counsel Letter, Resolution, Preliminary Official Statement, 4. Bowling & Beyond, Inc. - Termination of Leases City Manager recommending that a public hearing be set for October 15, 2012, to consider the proposed agreement to terminate leases with Bowling & Beyond Dubuque, Inc. RESOLUTION Setting date for public hearing on the proposition of approving an agreement to terminate leases with Bowling & Beyond Dubuque, Inc. for a building located in the newly amended Greater Downtown Urban Renewal District and to approve payment for such agreement to Bowling & Beyond Dubuque, Inc. Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 10/15/12 Bowling & Beyond, Inc. - MVM Memo, Staff Memo, Resolution, Iowa Code Reference, Agreement to Terminate Leases, BOARDS /COMMISSIONS Applicants are invited to address the City Council regarding their desire to serve on the following Boards /Commissions; applicant appointments will be made at the next City Council meeting. Arts and Cultural Affairs Advisory Commission One 3 -Year term through June 30, 2015 (Vacant term of King) *Business Professional LivingNVorking within the Cultural District Applicants: Mary Bridget, 469 Emmett St. Apt 26 Tom Farley, 491 W 4th St. Gina Siegert, 405 Southern Ave. Housing Commission One 3 -Year term through September 8, 2015 (Vacant term of Kapler) Applicant: Patricia Foster, 3565 Lunar Dr. Housing Trust Fund Advisory Committee One 3 -Year term through September 8, 2012 (Expiring term of Hingtgen) Applicant: Doris Hingtgen, 309 Hill St. Safe Community Advisory Committee One 1 -Year term through December 31, 2012 (Vacant term of Elkins) Applicant: Christopher J. Welch, 164 Main St. Boards Overview Sheet, Boards Latest Listing Arts and Cultural Affairs Advisory Commission Applications, Housing Commission Application, Housing Trust Fund Advisory Committee Application Safe Community Advisory Committee Application PUBLIC HEARINGS Citizens are invited to address the City Council regarding the following agenda items. Please come to the podium and state your name and address when the item you wish to speak to is being considered. SUSPEND THE RULES 1. Amended and Restated Urban Renewal Plan Greater Downtown UR District Proof of publication on notice of public hearing to consider adoption of the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District to support reinvestment efforts in the district and the City Manager recommending approval. RESOLUTION Approving the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District Suggested Disposition: Receive and File; Adopt Resolution(s) Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District -MVM Memo Staff Memo Resolution, Attachment A, Downtown Urban Renewal Plan, Public Building Analysis, 2. General Obligation Refunding Bonds Series 2012G Proof of publication on notice of public hearing to approve the suggested proceedings for the public hearing on the issuance of General Obligation Bonds and approval of a "Resolution Instituting Proceedings to Take Additional Action for the Issuance of Not to Exceed $950,000 General Obligation Bonds, Series 2012G and the City Manager recommending approval. RESOLUTION Instituting proceedings to take additional action for the issuance of not to exceed $950,000 General Obligation Refunding Bonds, Series 2012G Suggested Disposition: Receive and File; Adopt Resolution(s) $950,000 General Obligation Refunding Bonds Series 2012G - MVM Memo, Staff Memo, Bond Counsel Letter, Resolution, Preliminary Official Statement, 3. Port of Dubuque - Watermain Extension Project Proof of publication on notice of public hearing to consider the approval of plans, specifications, form of contract and estimated cost for the Port of Dubuque Watermain Extension Project and the City Manager recommending approval. RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the Port of Dubuque Watermain Extension Project Suggested Disposition: Receive and File; Adopt Resolution(s) Port of Dubuque Watermain Extension Project -MVM Memo, Staff Memo, Resolution, 4. Request to Vacate - Peosta Street (Giese Companies) Proof of publication on notice of public hearing to consider a request by Giese Companies to vacate a portion of Peosta Street abutting their property at 2125 Kerper Blvd. and the City Manager recommending approval. RESOLUTION Vacating a portion of Peosta Street to be known as Lot A of Giese Subdivision in the City of Dubuque, Iowa RESOLUTION Disposing of City interest in Lot A of Giese Subdivision in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Peosta Street Vacating Petition -MVM Memo, Staff Memo, Resolution to Vacate, Resolution to Dispose, Plat, Material from 9 -4 -12 Meeting, REINSTATE THE RULES This action limits discussion to the City Council. ACTION ITEMS These are items where discussion is held by the City Council - public comments are not allowed except as authorized by the Mayor. 1. International City /County Managers Association (ICMA) Climate Change Fellowship Presentation by ICMA Climate Change Fellow Greg Bruce from Townsville, Queensland, Australia, on activity since his exchange to Dubuque, Iowa, in October 2011. Suggested Disposition: Receive and File 2. Grand River Center Floor Settlement Project Award City Manager recommending that the improvement contract for the Grand River Center Floor Settlement Remediation project be awarded to Hayward Baker, Inc. RESOLUTION Awarding the public improvement contract for the Grand River Center Floor Settlement Repair Project Suggested Disposition: Receive and File; Adopt Resolution(s) Grand River Convention Center Floor Settlement Remediation -MVM Memo Staff Memo Resolution, Terracon Evaluation Letter 3. Clemons et al. v. City of Dubuque and Brian Wullweber City Attorney submitting settlement information on Clemons et al. vs. City of Dubuque and Brian Wullweber. Suggested Disposition: Receive and File; Defer to ICAP's Assessment of the Clemons et al. vs. City of Dubuque and Brian Wullweber Case and Refrain From Objecting to the Settlement Staff Memo, Robinson, Cooper, and Clemons Releases, COUNCIL MEMBER REPORTS PUBLIC INPUT At this time, anyone in the Council Chambers may address the Council on matters which are of concern to that person and which are not an agenda item. Please take your place at the microphone and state your name and address clearly. Proceed with your comments; however, no formal action may be taken at this time on your comments because of the notice requirements of the Iowa Open Meetings Law. CLOSED SESSION Pending Litigation and Property Acquisition - Chapter 21.5(1)(c)(j) Code of Iowa