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2 6 12 Clerk's Skeleton Notes and Meeting CallI I TO: KEVIN S. FIRNSTAHL, CITY CLERK YOU ARE HEREBY DIRECTED TO CALL A SPECIAL SESSION OF THE CITY COUNCIL TO BE HELD ON MONDAY, FEBRUARY 6, 2012, AT 5:30 PM IN THE HISTORIC FEDERAL BUILDING FOR THE PURPOSE OF CONDUCTING A WORK SESSION NTHE CONVENTION AND VISITORS BUREAU QUARTERLY REPORT. Ric W. Jones Mayor Pro -Tem f f TO: KEVIN S. FIRNSTAHL, CITY CLERK YOU ARE HEREBY DIRECTED TO CALL THE REGULAR SESSION OF THE CITY COUNCIL TO BE HELD ON MONDAY, FEBRUARY 6, 2012, AT 6:30 PM, IN THE HISTORIC FEDERAL BUILDING TO ACT UPON SUCH BUSINESS THAT MAY PROPERLY COME BEFORE THE COUNCIL. CONSENT ITEMS: PAGES 1 -5 ROY D. BUOL MAYOR CITY OF DUBUQUE,IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:30 p.m. on February 6, 2012 in the Historic Federa Building. Present: City Manager Van Milligen, City Attorney Lin Jahl Absent: Vlayerrftol read the call and stated this is a special session of the City Council to conduct a work session on the Dubuque Convention and Visitors Bureau. Council Members Braig, Con `(ors, Jois, Lytich, Ruck, Sutton; , :,9r), Adjournment WORK SESSION Dubuque Convention and Visitors Bureau Yays Nays Connors V / Jones 1/. Lynch V Resnick r/ Sutton ir% Braig Buol 1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6 0 p.m. on February 6, 2012 in the Historic Federal Building. / ors , XPresent: Mayor B` ol, Council Members B aig, Con‘, Jokes, LIh, Resnick, utton; City Manager Van illigen, City Attorney Lindal — Absent: Mayor Buol read the call and stated this is a regular session of the City Council to act upon such business that may properly come before the Council. PLEDGE OF ALLEGIANCE MOMENT OF SILENCE PRESENTATION(S) 1. National Trust for Historic Preservation Dubuque Main Street Executive Director Dan LoBianco to present the 2011 National Preservation Honor Award for the Roshek Building Redevelopment. CONSENT ITEMS Yays Nays Connors �V- / V- Jones 1// Lynch 1/ 92 Resnick Sutton Braig g_7- l f Buol 1. Minutes and Reports Submitted Arts and Cultural Affairs Advisory 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 of 11/8/11, 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 Revenues for Month Ending 12/31/11 2 Suggested Disposition: Receive and File 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 Rokusek for vehicle damage, William Taylor for vehicle damage, United Heartland for Rebecca Voss for personal injury Suggested Disposition: Receive and File; Refer to City Attorney 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 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) Yays Nays Connors Jones Lynch Resnick Sutton Braig Buol 3 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) 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 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) Yays Nays Connors Jones Lynch Resnick Sutton Braig Buol 4 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) 9. Improvement Contracts / Performance, Payment and Maintenance Bonds Grand River Center Carpet Replacement Project Suggested Disposition: Receive and File 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 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) Yays Nays Connors Jones Lynch Resnick Sutton Braig Buol 5 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 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 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 15. PEG Capital Expenditure Request City Manager recommending approval of the Cable TV Tele- Programming Commission recommendation for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities in the amount of $15,500 for the City of Dubuque to replace the playback server in the CityChannel 8 TV Control Room. Suggested Disposition: Receive and File; Approve 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 Yays Nays Connors Jones Lynch Resnick Sutton Braig Buol 6 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 staff's response. Suggested Disposition: Receive and File 18. SW Arterial / 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) App ication 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) 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 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 Yays Nays Connors Jones Lynch Resnick Sutton Braig Buol 7 1 21. Quarterly Investment Report City Manager transmitting the Quarterly Investment Report for the quarter ending December 31, 2011. Suggested Disposition: Receive and File 22. Fiscal Year 2013 Budget Transmittal City Manager submitting the Fiscal Year 2013 Budget Transmittal. Suggested Disposition: Receive and File 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 24. Substance Abuse Services Center City Manager transmitting the Second Quarter Report from the Substance Abuse Services Center. Suggested Disposition: Receive and File 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 Stackis Construction Contract for Deconstruction of Properties on East 22nd Street Suggested Disposition: Receive and File Yays Nays Connors Jones Lynch Resnick Sutton Braig Buol 8 I 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 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 28. Alcohol and Tobacco License Applications City Manager recommending approval of annual liquor, beer, wine and tobacco licenses as submitted. RESOLUTION 09 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 Cam"- Approving a permit as a tobacco products retailer as provided by Iowa Code Section 453A.47A Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Connors Jones Lynch Resnick Sutton Braig Buol 9 ITEM TO BE SET FOR PUBLIC HEARING 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 Resolution of 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 2/20/12 Yays Nays Connors i� Jones )Z,;Z Lynch Resnick ✓ Sutton L Braig Buol 10 BOARDS /COMMISSIONS Appointment to the following board /commission: Community Development Advisory Commission 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 0•40 Applicant Abagail Smith, 1780 Central Avenue 2A (Low /Moderate- Income Area) Additional Applicant Thomas Wainwright, 1788 Lori Street (At- Large) 05 - Yays Nays tZ Connors 1- / Jones V. Lynch Resnick r/' Sutton Braig I /" Buol Yays Nays Connors Jones Lynch Resnick Sutton Braig Buol Yays Nays Connors Jones Lynch Resnick Sutton Braig Buol 11 Suspend the Rules Yays Nays C/ Connors f� Jones V Lynch 22 Resnick �J Sutton L—, Braig Buol PUBLIC HEARINGS SUSPEND THE RULES Public Hearing #1 Ya ys Nays C/ Connors Jones Lynch Iv/ Resnick 1% Sutton L—, Braig Buol 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 i process of renovation at 900 Jackson Street and the City Manager recommending approval, 7tt _- RESOLUTION 25 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) /1)//747?--s 9-/-0/(/-( 11(./z/4/7/ pi/1i? - U v -- 12 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 Suspend the Readings Yays Nays Nays Connors Connors ✓pZ ✓o Jones 4/ / V Lynch 2/ Resnick Resnick 9- il Sutton 1/ ✓ Braig ✓ V Buol Final Reading and Adopt Ya Nays Nays Connors Connors ✓pZ ✓, Jones 4/ / ✓ Lynch 2/ Resnick Resnick 9- Sutton Sutton 1/ ✓ Braig ✓ L/ Buol Y7s Nays Connors ✓pZ Jones 4/ / Lynch 2/ Resnick 9- Sutton 1/ Braig ✓ Buol REINSTATE THE RULES 13 ACTION ITEMS 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/ Yays Nays Connors Jones Lynch V Resnick Sutton Braig Buol AP/i /6i & 4 0?7, 2/lir- /0/1, lSPi) 0 ,01}/77 i # //Ad/ I kid- 4/4, kx( .1-5 '111,7& A, /4/ ., if-x4>dio ,wii _ 5 ,wee27,a) (19-10/41 a Gi MPS 4(21//i Ce/j)7' V/ g :(36,154,-/. e- vi7ed4 /w/i00-0, A046 22/6/,/a/v74 brizi,A2.oro/defi --)1)/ii/z(-7/1//6 07) 4t6 3 60,g/ i %1��19 ,e- //-47797 14 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 Bonds Series 2012A RESOLUTION 2012B RESOLUTION Directing the sale of General Obligation Urban Renewal Directing the sale of General Obligation Bonds Series Series 2010F Suggested Disposition: Receive and File; Adopt Resolution(s) go 7 fr /0541 ki1/4---/fr2-22 AzAtt sifritei L' & viA /w / "Yd(d- IP/ Yays d�l Nays Connors Jones Lynch Resnick V/ Sutton Braig Buol 3. High Impact Service Plan - Cities of Service /AARP 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 ---*/ YIf V Nays Connors Jones Lynch V Resnick Sutton c:499— Braig Buol 15 / Al"? / 4. Pre - Annexation Agreement -1 924 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 Yays Nays Connors Jones Jones Lynch Lynch Vim/ Resnick Resnick Sutton Sutton I- ' Braig Braig 7/ Buol Buol Ri/e ,f/& wid 2;7E) 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 Yay Nays Connors 1,/ Jones L Lynch Resnick V, Sutton Braig vi Buol idri,i-*// J/2 P/L -fr/p,%/eA/e/e9d/A>2.4 per; v& dZnighes 16 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; Co it� r dr/17 j6 »/AM/ Q�24 1,/r/1611/77,1— idtk /144 -W/a) Vi Yays Nays Connors Jones V Lynch Resnick Sutton Braig Buol /viTelraor/ bell? *etked/fr7-/ ..92-1°70e /0-zo 7. Cable TV Commission Proposal , City Manager recommending retiring the Cable Tele- Programming Commission and the ��-6 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 Suspend the Readings Pays Nays aConnors Connors / Jones V' Lynch j� Resnick V Sutton 1/ Braig 1 Buol Final Reading and Adopt Yay,s Nays Connors / Jones �. Lynch Resnick Sutton 1/ Braig (92 t/ Buol 17 8. Special Event Permit Process City Manager recommending changes to the Special Event Permit application process. Suggested Disposition: Receive and File; Approve Yays 6 Nays Connors Jones �a Lynch Resnick Sutton 2 Braig Buol 170 Jr- - -4#7, b.f/&-,96)/4/.e.d#0.(,, filoy&W r'" �9'm Y�14� d-�0-, 54//i&ef fd/if// 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) Yays Nays Connors v" Jones Lynch Resnick V Sutton V Braig Buol m M 10. Southwest Arterial - US 20 / US 151 -61 Interchange Enhancements 18 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 Yays Nays Connors Jones Lynch Resnick Sutton Braig Buol Cf 44/ )(0/0- i� a l G ie File; Approve 0/&- I�1M �c /7#0,~- 0a, who/ -old � Agift& 0�9 adr,01-) 0/10 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 Y�jNays Connors /l >/ Jones Lynch Resnick Sutton V Braig 1_ Buol 19 1/41/0m/ "'don *742, COUNCIL MEMBER REPORTS *WI sV4, 21/ 5 ' IyOf A °z hd!d * i` g�, /�° �, m �& i*,* i/��/ts2. d:/i/c Y,/)� AM a1Wq 44/ 4 ADJOURNMENT Nays Connors Jones Lynch Resnick Sutton Braig Buol PUBLIC INPUT p16 w747 Vz/zi/ wf/71"( /2//v>2 S4i /q0-, 9,0%/v/ 0 Aq 80)/4/ /eD /027 h owtx 0M/g/ iWett/.3- goyrry - ,00-4/L tid,„/-4(////- im-40- /yak( m7-7-20/4,-/ 0)^--1/6w07 - 369,4//-9g7; 3/"/%/z 12q/.4 4a-oz(4Imme �j :?rJ0 /4(//-,4*/ /-zo* G ,76/ 5/z&i c/ /e/v A -r/719,7 (t,(79die,/v 7/7(,zeo- q////1* e/717 W)( 94 (c,"?' 6i0:1 z(,474/1 a/v/6 rird -/944,1 7/ii(-vea/w /07 /MW,A