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2 6 12 City Council AgendaCVB Presentation ROLL CALL ORDER FOR MEETING OF 2/6/1012 Connors, Jones, Lynch, Resnick Sutton, Braig, Buol CITY OF DUBUQUE,IOWA CITY COUNCIL MEETING Historic Federal Building 350 W. fith Street, Dubuque February fi, 2012 Council meetings are video streamed live and archived at wwwcdvofdubuaue ora /media and on Dubuque's CityChannel on the Mediacom cable system at Channel (analog) and 97 2 (digital) WORK SESSION Convention and Visitors Bureau Quarterly Update 5 30 PM REGULAR SESSION 630 PM PLEDGE OF ALLEGIANCE MOMENT OF SILENCE PRESENTATION(S) 1 National Trust for Historic Preservation Dubuque Main Street Executive Director Dan Loeianco to present the 2011 National Preservation Honor Award for the Roshek Building Redevelopment Roshek Building Awerd CONSENT ITEMS The consent agenda items are considered to be routine and non - controversial and all consent items will be normally voted upon in a single motion without any separate discussion on a particular item If youwould Ilketo 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 Arts and Cultural AffairsAdvisory Commission of 11/22/11, City Conference Board of 3/9/11 and 7/18/11, City Council proceedings of 1/17/12 and 1/30/12 , Civic Center Commission of 12/5/11, Community Development Advisory Commission of 11/30/11,12/14/11 and 1/11/12, Dubuque County Emergency Management Commission of11/8/11, Historic Preservation Commission of 1/19/12, Housing Commission of 11/22/11, Human Rights Commission of 8/15/11, 10/10/11 and 12/3/11, Investment Oversight Advisory Commission of 1/25/12, Library Board of Trustees of 12/14/11, Proof of Publication for City Council meetings of 1/3/12 and 1/17/12, Proof of Publication for List of Claims and Summary or Revenuesfor Month Ending 12/31/11 Suggested Disposition Receive and File Art Commission Minutest 1 /22 /11 Confemce Board Minutes 3/9/11 Conference Board Minutes 7 /18 /11 City Counal Minutes 1/17/12 au Council Minutest /30/12 Civic Center Minutes 12/5/11 CDAC Minutesll/30 /11 CDAC Minutes 12/14/11 CDAC Minutes 1/11/12 Dubuque, Co E MA Minutes 11811 Historic Preservation Minutest /19/12 Housing Commission Minutes 11/22/11 Human Rights Minutes 8 /15 /11 Human Rights Minutest 0/10/11 Human Rights Minutest 2i3/11 Investment Oversight Minutes 1 /25/12 Library Board Minutest 2/14/11 Proof - Council Proceedings 1/3/12 Proof - Counal Proceedings 1 1712 Proof - List of Claim s R evenues 12 31 11 2 Notice of Claims and Suits Ira Dement for vehicle damage, Vern Eppler for vehicle damage, Michael and Betty Fishnick for property damage, Rene Rogerson /Dubuque Properties, LLC for property damage, Tony Rokusekforvehicle damage, WilliamTaylor for vehicle damage, United Heartland for Rebecca Vossfor personal injury Suggested Disposition Receive and File; Refer to City Attorney Dement Claim, Eppler Claim, Fishnick Claim, Rogerson /Dbg Properties Claim, Rokusek Claim, Tavolor Claim, United HeartlandNoss Claim, 3. Disposition of Claims and Suits City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool Ira Dement for vehicle damage, Verne Eppler for vehicle damage, Michael & Betty Fishnick for property damage, Rene Rogerson /Dubuque Properties LLC, for property damage, Tony Rokusek for vehicle damage, William Taylor for vehicle damage Suggested Disposition: Receive and File; Concur ICAP Claims, 4. Delinquent Grass and Weed Cutting and Garbage Collection Accounts City Manager recommending adopting of a resolution authorizing the City Clerk to certify the grass and weed cutting and garbage collection charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges RESOLUTION Authorizing the City to collect delinquent grass and weed cutting and garbage collection charges in accordance with Title 6 -6- 3C2o, Title 6 -6 -4B3 & Title 6 -6B of the Code OF Ordinances of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Grass, Weed and Garbage Assessments -MVM memo, Grass and Weed Cutting -MVM Memo, Staff Memo , Grass, Weed and Garbage Assessment Resolution, Grass, Weed and Garbage Notice, Grass, Weed and Garbage Assessment Schedule 5. Vacant and Abandoned Building and Problem Property Assessments City Manager recommending adoption of a resolution authorizing the City Clerk to certify the vacant and abandoned building and problem property charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges RESOLUTION Authorizing the City to collect delinquent vacant and abandoned building and problem property charges in accordance with Title 6 -6 -3B1 h, Title 6 -6 -4B3 & Title 6 -6B of the Code of Ordinances of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Vacant and Abandoned Building and Problem Property Assessment -MVM memo, Vacant and Abandoned -MVM Memo, Staff Memo VAB /Problem Property Assessment Resolution, VAB and Problem Property Notice, VAB and Problem Property Assessment Schedule, 6. State Consolidated Funding -Jule Transit Authorizing Resolution City Manager recommending approval of the Consolidated Funding application and Authorizing Resolution that was submitted to the Iowa Department of Transportation for Fiscal Year 2012 funding for The Jule Suggested Disposition: Receive and File; Approve Iowa DOT Consolidated Funding Application -MVM Memo, Authorization Resolution for SFY 2013 State Consolidated Funding, 7. Hendricks Feed and Seed Co., Inc. - Easement Acceptance City Manager recommending acceptance of an Easement from Hendricks Feed and Seed Co , Inc for storm sewer, underground electric, fiber optic cable, traffic signals and other appurtenances at 880 Central Avenue RESOLUTION Accepting the grant of an easement for storm sewer, underground electric, fiber optic cable, traffic signals and other appurtenances through, under and across a part of City Lot 328 in the City of Dubuque (880 Central Avenue) Suggested Disposition: Receive and File; Adopt Resolution(s) Hendncks Easement -MVM Memo, Staff Memo , Hendncks Feed and Seed Co , Inc Easement - Resolution Henricks Feed and Seed Co , Inc Easement - Exhibit, 8. Collective Bargaining Agreement - Dubuque Police Protective Association City Manager recommending approval of the Collective Bargaining Agreement between the City of Dubuque and the Dubuque Police Protective Association for a two year period beginning July 1, 2012 RESOLUTION Approving the agreement between the City of Dubuque, Iowa, and the Dubuque Police Protective Association and authorizing the Mayor to sign the Agreement Suggested Disposition: Receive and File; Adopt Resolution(s) Collective Bargaining DPPA- MVM Memo Staff Memo Resolution, 9. Improvement Contracts / Performance, Payment and Maintenance Bonds Grand River Center Carpet Replacement Project Suggested Disposition: Receive and File GRC Carpet Replacement - Contract & Bond, 10. Mines of Spain Master Plan Process - Bottoms Property City Manager transmitting information on the Mines of Spain master plan process to be undertaken by the Iowa Department of Natural Resources for the Bottoms property, a planned expansion of the state park Suggested Disposition: Receive and File Mines of Spain Master Plan -MVM Memo Mines of Spain Master Plan Process - Bottoms Property 11. Green Alley Permeable Pavers (17th - 18th, Between Jackson and Washington Streets) - Project Award City Manager recommending award of the contract for the Green Alley Permeable Pavers Project to the low bidder, McDermott Excavating, in the amount of $148,847 05 RESOLUTION Awarding public improvement contract for the Green Alley Permeable Pavers Project (17th - 18th, Between Jackson and Washington Streets) Suggested Disposition: Receive and File; Adopt Resolution(s) Green Alley Permeable Pavers -MVM Memo, Green Alley Permeable Pavers Proiect - Staff Memo, Green Alley Permeable Pavers Proiect - Resolution Green Alley Permeable Pavers Project- Bid Tab Green Alley Pavers Project - Council Materials, 01 -03-12 12. National Register Historic District Update - Cathedral Historic District City Manager recommending approval of an update and amendment of the existing National Register of Historic Places designation for the Cathedral Historic District Suggested Disposition: Receive and File; Approve National Register of Histonc Places -MVM Memo, Staff Memo, Cathedral District Map nomination Part 1 nomination Part 2, nomination Part 3, HPC Letter of Support, 13. 7th Street Retaining Wall Reconstruction - Project Award City Manager recommending that the award for the 7th Street Retaining Wall Emergency Repairs Project be officially recorded in the minutes of the City Council Suggested Disposition: Receive and File; Make Matter of Record 7th Street Retaining Wall -MVM Memo 7th Street Retaining Wall - Staff Memo 7th Street Retaining Wall - Bid Tab 14. Madison Street Retaining Wall Repair - Project Award City Manager recommending that the award for the 7th Street Retaining Wall Emergency Repairs Project be officially recorded in the minutes of the City Council Suggested Disposition: Receive and File; Make a Matter of Record Madison Street Retaining Wall - Staff Memo Madison Street Retaining Wall - Bid Tab Madison Street Retaining Wall - MVM Memo, 15. PEG Capital Expenditure Request City Manager recommending approval of a request for funding from the University of Dubuque for up to $9,000 to purchase a high definition video camera and a computer and software for video editing Suggested Disposition: Receive and File; Approve PEG Capital Expenditure Request -MVM Memo Staff Memo PEG Capital Grant Application, 16. Request to Vacate - 2125 Kerper Blvd. Correspondence from Thomas Giese of Giese Companies requesting that the City vacate a portion of a City street/alley abutting their property at 2125 Kerper Blvd for use as additional parking and storage Suggested Disposition: Receive and File; Refer to City Manager Giese Request to Vacate, 17. Fiscal Year Ended June 30, 2011 Comprehensive Annual Financial Report (CAFR) City Manager submitting the Fiscal Year 2011 Comprehensive Financial Report (CAFR), Auditor's Communication with Those Charged with Governance Letter, along with the City Finance staffs response Suggested Disposition: Receive and File Comprehensive Annual Financial Report CAFR -MVM Memo, Staff Memo , Auditors Communication with Those Charged with Governance Letter, City Response, CAFR PART 1 CAFR PART 2 CAFR PART 3 CAFR PART 4 CAFR PART 5, CAFR PART 6, CAFR PART 7, CAFR PART 8, CAFR PART 9 18. SW Arterial 1 Highway 20 Interchange - Competitive RISE Application City Manager recommending approval of a resolution endorsing the support for the City's RISE Grant application for the development of the proposed Dubuque Industrial Center South - US Highway 20 Interchange RESOLUTION Endorsing the Submission of a Revitalize Iowa's Sound Economy (RISE) Application to the Iowa Department of Transportation for the construction of the proposed US Highway 20 and Seippel Road Interchange Suggested Disposition: Receive and File; Adopt Resolution(s) SW Arterial -RISE Application -MVM Memo, Staff Memo, Resolution, 19. Mines of Spain Lease - Temporary and Approval Agreement for Railroad Contract Work Area City Manager recommending approval of two agreements with the Iowa Department of Natural Resources related to the Mines of Spain and construction work on the railroad bridge on Julien Dubuque Drive Suggested Disposition: Receive and File; Approve Temporary and Approval Agreement related to railroad work area -MVM Memo Staff Memo Temporary and Approval Agreement, 20. Master Consulting Services Agreement Second Amendment - The Iowa Institute and David Lyons City Manager recommending approval of an extension of the Smarter Sustainable Dubuque Project Management contract through June 30, 2013 Suggested Disposition: Receive and File; Approve Second Amendment Iowa Institute and David Lyons -MVM Memo Agreement Second Amendment between City of Dubuque and Iowa Institute and David Lyons, Statement of Work David Lyons and City of Dubuque, Copy First Amendment Iowa Institute and David Lyons, Sustainable Dubuge and Smarter Sustainable Dubuque, 21. Quarterly Investment Report City Manager transmitting the Quarterly Investment Report for the quarter ending December 31, 2011 Suggested Disposition: Receive and File December 31 Quarterly Investment Report-MVM Memo, Staff Memo Cash Investments and Investment Earnings Summary Schedule of City Funds, Monthly Investment Summary, Schedule of Certificates of Deposit and Accrued Interest, 22. Fiscal Year 2013 Budget Transm ittal City Manager submitting the Fiscal Year 2013 Budget Transmittal Suggested Disposition: Receive and File FY13 Budget Transmittal Message -MVM Memo, Smarter Sustainable Dubuque Summary Sustainable Dubuque 2011 - Principles & Intro 23. Crescent Ridge Open Space Name Recommendation City Manager recommending naming the land donation of 12 93 acres of property located in the water way south of Target and Center Grove Drive as Center Grove Open Space Suggested Disposition: Receive and File; Approve Crescent Ridge Open Space -MVM Memo, Staff Memo map of Crescent Ridge property, 24. Substance Abuse Services Center City Manager transmitting the Second Quarter Report from the Substance Abuse Services Center Suggested Disposition: Receive and File SASC Report, 25. Signed Contracts A) MSA Professional Services Agreement for Eagle Point Park Washout Repair, B) IIW Agreement for Engineering Services for Intermodal Transportation Center Project, C) Short Form Contract with Vorwald Log and Lumber for deconstruction of 2242 Washington Street, D) IIW Contract Oversight of the Construction of ARC Transfer Center, E) Ted Stack's Construction Contract for Deconstruction of Properties on East 22nd Street Suggested Disposition: Receive and File MSA Contract, I IW Contract, Vorwald Contract, I IW Contract, Ted Stack's Contract, 26. Tobacco Compliance - Civil Penalty for Tobacco License Holders City Manager recommending approval of the Acknowledgement/Settlement Agreements for a first offense tobacco compliance violation for Let's Roll Tobacco, 3430 Dodge Street Suggested Disposition: Receive and File; Approve Settlement Agreement Lets Roll Tobacco-MVM Memo, Police Memo, Settlement Agreement Copy, 27. Alcohol Compliance - Civil Penalty for Alcohol License Holders City Manager recommending approval of the Acknowledgement /Settlement Agreement for an alcohol compliance violation for Accessorize Me, 474 Bluff Street Suggested Disposition: Receive and File; Approve Accessorize Me-MVM Memo, Police Memo, Settlement Agreement, 28. Alcohol and Tobacco License Applications City Manager recommending approval of annual liquor, beer, wine and tobacco 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 RESOLUTION Approving a permit as a tobacco products retailer as provided by Iowa Code Section 453A 47A Suggested Disposition: Receive and File; Adopt Resolution(s) Liquor License Renewals -MVM Memo, Police Memo, Liquor /Beer Resolution, Tobacco Resolution, ITEMS TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. 1. Theisen Supply - Development Agreement City Manager recommending that a public hearing be set for February 20, 2012, to consider disposition of approximately 5 7 acres to Leo Theisen RESOLUTION Intent to dispose of an interest in City of Dubuque real estate and fixing the date for a public hearing of the City Council of the City Of Dubuque, Iowa on the proposed issuance of Urban Renewal Tax Increment Revenue Obligations and the execution of a Development Agreement relating thereto with Leo A Theisen and Theisen Supply, Inc , and providing for the publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 2120112 Expansion of Theisen Supply -MVM Memo Theisen Supply, Inc Staff Memo Resolution, Theisen Development Agreement, 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. Appointment to the following board /commission Comm unity Development Advisory Com mission Three 3 -year terms: One low /moderate - income area term (vacant term of Stubben) through February 15, 2015 One low /moderate - income area term (vacant term of Craddieth) through February 15, 2014 One at -large term (expired term of Wainwright) through February 15, 2015 Applicants Adam Rathje, 299 Main St , Apt #45 (Low /Moderate- Income Area) Additional Applicant Abagail Smith, 1780 Central Avenue 2A (Low /Moderate- Income Area) Additional Applicant Thomas Wainwright, 1788 Lori Street (At- Large) ) Boards Overview Sheet Boards Latest Listing, CDAC Applications, 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. Caradco Landlord, LLC and Warehouse Development, LLC - Grant of Easement Proof of publication on notice of public hearing to consider granting an easement across Washington Street to accommodate private service lines for fiber, television, power, telephone, cable, and future needs for the Caradco Landlord, LLC & Warehouse Development, LLC property, which is in process of renovation at 900 Jackson Street and the City Manager recommending approval RESOLUTION Granting easement for private utility to Caradco Landlord, LLC & Warehouse Development, LLC of Dubuque for an underlying portion of Washington Street RESOLUTION Disposing of City interest by Grant of Easement to Caradco Landlord, LLC & Warehouse Development, LLC of Dubuque for an underlying portion of Washington Street Suggested Disposition: Receive and File; Adopt Resolution(s) Caradco Grant of Easement -MVM Memo, Caradco Easement - Public Hearing Caradco Easement - Public Heannq Resolution Caradco Easement - Notice to Publish Resolution, Caradco Easement - Exhibit Letter, Caradco Easement - Grant of Easement, Caradco Easement - Exhibit A Proof of Publication - Caradco 2. Historic White Water Bridge Proof of publication on notice of public hearing to consider the Historic White Water Creek Bridge landmark nomination and the Historic Preservation Commission recommending approval ORDINANCE Amending Title 16 Chapter 10 (Historic Preservation) Of The City Of Dubuque Code Of Ordinances, Unified Development Code, by adding a new Section 16- 10- 7(B)(10) Designating the White Water Creek Bridge as a Landmark Suggested Disposition: Receive and File; Motion B; Motion A HPC letter to Council Applicant Materials, Ordinance, Suggested Motion, Proof of Publication - White Water Creek Bndge, 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. Greater Dubuque Development Corporation - Quarterly Report Executive Director Rick Dickinson to provide a verbal update and the activities of the Greater Dubuque Development Corporation Suggested Disposition: Receive and File 2. Sale of General Obligation Urban Renewal Bonds Series 2012A and General Obligation Bonds Series 2012B City Manager advising that the results of the sale of $4,380,000 General Obligation Urban Renewal Bonds Series 2012A and $7,495,000 General Obligation Bonds Series 2012B will be brought to the February 6, 2012 City Council meeting for approval RESOLUTION Directing the sale of General Obligation Urban Renewal Bonds Series 2012A RESOLUTION Directing the sale of General Obligation Bonds Series 2012B Suggested Disposition: Receive and File; Adopt Resolution(s) 2012 Series A & B Bonds Bid Results - City Manager Memo, 2012 Series A &B GO Bonds - Noth Letter, 2012 Series A &B Bonds Direct Sale - Resolution Authonze Redemption GO Bonds Series 2012B - Resolution, 3. High Impact Service Plan - Cities of ServicelAARP Recognition Grant City Manager recommending approval of the High Impact Service Plan as part of the requirements of the Cities of Service/AARP Initiative and Recognition Grant Suggested Disposition: Receive and File; Approve High Impact Service Plan -MVM Memo, Staff Memo , Memo &amp, Documents - Volunteerism Transforming into Long Term Strategy High Impact Service Plan, 4. Pre - Annexation Agreement -10924 Key West Drive City Manager recommending approval of a pre - annexation agreement that provides for extension of City water to the property in exchange for the property to be annexed in the future Suggested Disposition: Receive and File; Approve Christopherson Pre - Annexation Agreement -MVM Memo, Staff memo , Pre - Annexation Agreement , 5. Green Dubuque - Community Climate Action Plan Proposal City Manager is recommending staff be authorized to negotiate and execute a contract with Green Dubuque, Inc , as outlined in their proposal Suggested Disposition: Receive and File; Approve Community Climate Action Plan -MVM Memo, Staff Memo , Green Dubuque Proposal Green Dubuque Action Plan Phase I Green Dubuque Proposal 10 6 11 6. Comprehensive Plan - Format Recommendation City Manager transmitting two options for how the icons for the 11 Sustainability Principles can be incorporated in the Comprehensive Plan's Elements and requests City Council direction on the desired format for the Comprehensive Plan Update Suggested Disposition: Receive and File; Council Comprehensive Plan Format -MVM Memo Staff memo, Option #1, Option #2, 7. Cable TV Commission Proposal City Manager recommend retiring the Cable Tele- Programming Commission and the Cable Regulatory Commission and combining their duties in a single new entity, the Cable TV Commission ORDINANCE Repealing City of Dubuque Code of Ordinances Title 11 Rights of Way, Chapter 3 Cable Television, Article B Community Regulatory Commission and Article C Cable Regulatory Commission and Adopting Title 2 Boards and Commissions, Article 11 Cable Television Commission Establishing the Cable Television Commission Suggested Disposition: Receive and File; Motion B; Motion A Cable Commission Proposal -MVM memo, Staff Memo , Cable TV Commission Ordinance, Suggested Motion, 8. Special Event Permit Process City Manager recommending changes to the Special Event Permit application process Suggested Disposition: Receive and File; Approve Special Event Permit Process -MVM Memo, Staff Memo , 9. Iowa Department of Transportation - North Cascade Road Bridge Agreement City Manager recommending authorization for the Mayor to execute the Iowa Department of Transportation (Iowa DOT) Federal Aid Funding Agreement for the North Cascade Road Bridge Replacement Project in Dubuque County RESOLUTION Approving the Iowa Department of Transportation Federal Aid Funding Agreement (Agreement No 6- 11- STPU -21) for the North Cascade Road Bridge Replacement Project, Iowa DOT Project No STP -U -2100 (671)- -70 -31 Suggested Disposition: Receive and File; Adopt Resolution(s) North Cascade Rd Bridge -MVM Memo, North Cascade Road Bridge - Iowa DOT Staff Memo, North Cascade Road Bridge - Iowa DOT Resolution, North Cascade Road Bridge- Iowa DOT Agreement North Cascade Road Bridge - Iowa DOT Agreement, 10. Southwest Arterial - US 20 / US 151 -61 Interchange Enhancements City Manager recommending to proceeding with bridge enhancement Option No 1 for the US 20 Interchange and the US 151 -61 Interchange and support of the proposed bridge enhancement design elements to be incorporated into the final design phase of the Southwest Arterial project Suggested Disposition: Receive and File; Approve SW Arterial - MVM Memo SW Arterial /US 20 Interchange SW Arterial /US 20 Interchange 11. 2012 National Citizens Survey City Manager recommending approval to enroll the City of Dubuque in the 2012 National Citizen Survey Suggested Disposition: Receive and File; Approve 2012 National Citizen Survey -MVM Memo, Citizen Survey Request Memo, 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