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6 4 12 City Council AgendaROLL CALL ORDER FOR MEETING OF 6/4/2012 Sutton, Brag, Buol, Connors, Jones, Lynch, Resnick CITY OF DUBUQUE,IOWA CITY COUNCIL MEETING Historic Federal Building 350 W. fith Street, Dubuque June 4, 2012 Council meetings are video streamed live and archived at wwwcdvofdubuaue ora /media and on Dubuque's CrtyChannel on the Mediacom cable system at Channel (analog) and 97 2 (dlgdaf) REGULAR SESSION 630 PM PLEDGE OF ALLEGIANCE MOMENT OF SILENCE PROCLAMATION(S) 1 Apples for Students Months (June /July 2012) Apples for Students Proclamation 2 LGBT Pnde Month (June 2012) LGBT P nde Proclamation 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 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 City Council proceedings of 5/21, Historic Preservation Commission of 5/17, Safe Community Task Force of 3/14 Proofs of publication for City Council proceedings of 5/7 and 5/8 Suggested Disposition Receive and Fde City Counal Minutes 5/21 Histonc Preservation Minutes 5/17 Safe Community Minutes 3/14 Proof - Counal Proceedinas of 5/7/12 P roof - Counal P roceedi nas of 5/8/12 2 Grand Opera House Correspondence from Paul Hemmer, Executwe Director of the Grand Opera House, thanking the Arts and Cultural AffairsAdvisory Commission for special project and operational support grant funding Suggested Disposition Receive and Fde Grand Opera House Letter 3 Arts and Cultural Affairs Advisory Commission Communication from Commissioner Gen Shafer regarding her decision not reapply to the Arts and Cultural Affairs Athusoiy Commission Suggested Disposition Receive and Flle Shafer Letter, 4 TS Business Group, LLC - Grant of Easement for Fioodwall Improvements City Manager recommending acceptance of the Grant of Easement from TS Business Group for Floodwall Improvements behind 1 701 Pennsylvania Avenue RESOLUTION Accepting the Grant of Easement for floodwall improvements over and across part of Lot 2 of Lot 2 of the Southeast 1/4 of the Southeast 1/4 of Section 21, T89N, R2E 5th P M in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Accept Grant of Easement for Floodwall Improvements -MVM Memo Floodwall Improvements - Staff Memo, Floodwall Improvements - Resolution Floodwall Improvements - Vicinity Map Floodwall Improvements - Grant of Easement 5. Dubuque Regional Airport - New Passenger Terminal Site Work City Manager recommending approval to move $28,462 in Operating Funds to this Capital Project to increase the local match to include a 15% contingency Suggested Disposition: Receive and File; Approve Airport New Terminal Facility Site Work -MVM Memo, Staff Memo , 6. Intermodal Transportation Campus - Consultant for Design Phase City Manager recommending authorization to negotiate a contract with Neumann Monson for the multi- phased final design and for construction oversight of an Intermodal Transportation Campus in the Historic Millwork District Suggested Disposition: Receive and File; Approve Authonze Final Design Contract for Intermodal Campus -MVM Memo, Staff Memo, Proposal 7. Authorized Depository Institutions City Manager recommending approval of a resolution increasing the maximum balance of City funds allowed to be deposited in Dubuque Bank and Trust to $60,000 RESOLUTION Naming depositories Suggested Disposition: Receive and File; Adopt Resolution(s) Authonzrnq Depository Institutions, Staff Memo , Resolution, 8. Circles Program Contract - Move the Mountain Contract City Manager recommending approval of a contract with Move the Mountain for services for the July 2012 - June 2013 contract year, at a cost of $5,600 Suggested Disposition: Receive and File; Approve Circles Program Contract with Move the Mountain -MVM Memo, Staff Memo and Contract, 9. Dubuque Soil and Water Conservation District Contract Amendment City Manager recommending approval of an amended contract with the Dubuque Soil and Water Conservation District for the Catfish Creek Watershed Management Authority RESOLUTION Approving a contract amendment for watershed planning between the City of Dubuque, Iowa, and the Dubuque Soil and Water Conservation District Suggested Disposition: Receive and File; Adopt Resolution(s) Dubuque Soil & Water Conservation Distnct Amendment -MVM Memo, Staff Memo, Resolution , Amended Contract, 10. Mediacom Communications Company Correspondence from Lee Grasely, Senior Manager for Government Relations for Mediacom Communications Company informing the City of programming changes as of June 18, 2012 Suggested Disposition: Receive and File Mediacom Letter, 11. Dubuque Industrial Center South - Grading & Utilities Bid Rejection City Manager recommending rejection of all competitive bid proposals and that the City Council authorize staff to immediately re -bid the project and authorize the City Clerk to advertise for proposals RESOLUTION Rejecting all competitive bid proposals received for the Dubuque Industrial Center South Grading and Utilities - 2012 Project, Phase I and directing the City Clerk to re- advertise for the project Suggested Disposition: Receive and File; Adopt Resolution(s) Dubuque Industrial Center South Grading & Utilities -MVM Memo, Staff Memo, IIW Letter, Resolution , Notice to Bidders, 12. Federal Emergency Management Agency (FEMA) City Manager recommending approval for the City of Dubuque to proceed through the review and appeal procedures as outlined in the letter received from the Federal Emergency Management Agency (FEMA) dated May 4, 2012 Suggested Disposition: Receive and File; Approve FEMA Correspondence Regarding City Flood Maps -MVM Memo, Staff Memo, FEMA Correspondence, 13. Sustainable Dubuque Project Status Report City Manager transmitting the Sustainable Dubuque monthly project status update for May 2012 Suggested Disposition: Receive and File May Sustainable Dubuque Report-MVM Memo, Staff Memo, May Report 14. Gavilon Grain, LLC - Salt Handling Contract City Manager recommending approval of a salt handling contract with Gavilon Grain, LLC for the 2012 -13 season Suggested Disposition: Receive and File; Approve Gavilon Salt Handling Contract -MVM Memo, Staff Memo, Salt Handling Agreement, 15. Iowa Department of Transportation (IDOT) -Grade Crossing Surfacing Repair Agreement City Manager recommending approval of the State of Iowa Federal -Aid Grade Crossing Surface Repair Agreement between the Canadian Pacific Railway d /b /a Dakota, Minnesota & Eastern Railroad Corporation, Iowa Department of Transportation, and the City of Dubuque for the East 16th Street railroad crossing RESOLUTION Approving State of Iowa Federal -Aid Grade Crossing Surface Repair Agreement for the construction of surface improvements at the railroad crossing located at East 16th Street (Agreement 376127D) Suggested Disposition: Receive and File; Adopt Resolution(s) Grade Crossing Surfacing Repair -E 16th Street -MVM Memo, Staff Memo, Resolution, Agreement, 16. Eide Bailly Audit Engagement Agreement City Manager advising that that the annual audit engagement letter to Eide Badly has been signed and is transmitting information contained in the audit engagement letter Suggested Disposition: Receive and File Eide Badly Audit Engagement Agreement -MVM Memo, Staff Memo , Engagement Agreement Engagement Letter, 17. Smart Planning Consortium Update City Manager transmitting an update to the City Council on the Dubuque County Smart Planning Consortium Suggested Disposition: Receive and File Smart Planning Consortium Update -MVM Memo, Staff Memo, Main Street Flier, 18. Southwest Arterial - AECOM Supplemental Agreement City Manager recommending approval for the Mayor to execute the Consultant Professional Services - Supplemental Agreement with AECOM Technical Services, Inc for the final engineering design phase of the Southwest Arterial, subject to the concurrence of the Iowa Department of Transportation RESOLUTION Approving the Consultant Professional Services Supplemental Agreement No 11 between AECOM Technical Services, Inc and the City of Dubuque for the final engineering design phase of the Southwest Arterial Project Suggested Disposition: Receive and File; Adopt Resolution(s) Southest Artenal AECOM Supplemental Agreement -MVM Memo Staff Memo, Resolution Exhibit 19. Sunset Ridge Reconstruction - Project Acceptance City Manager recommending acceptance of the improvements, establish the final contract at $1,225,080 15 and adopt the Final Schedule of Assessments for the Sunset Ridge Reconstruction Project RESOLUTION Accepting the Sunset Ridge Reconstruction Project and authorizing the payment of the contract amount to the contractor Removed RESOLUTION Adopting the final assessment schedule for the Sunset Ridge Reconstruction Project Suggested Disposition: Receive and File; Adopt Resolution(s) Sunset Ridge Reconstruction- Acceptance - MVM Memo, Sunset Ridge - Staff Memo Sunset Ridge - Acceptance Resolutions, Sunset Ridge - Assessment Resolutions, Sunset Ridge - Final Schedule of Assessments, Sunset Ridge - Council Final Exhibit, 20. Homelessness Prevention and Rapid Re- Housing Program (HPRP) Correspondence from the U S Department of Housing and Urban Development (HUD) informing the City that it must expend 100 percent of the Homelessness Prevention and Rapid Re- Housing Program (HPRP) grant by July 15, 2012 Suggested Disposition: Receive and File; Refer to City Manager HUD HPRP Letter, 21. Healthy Homes and Lead Hazard Control Grant Quarterly Report Correspondence from the U S Department of Housing and Urban Development (HUD) Office of Healthy Homes and Lead Hazard Control informing the City that its program has received an overall rating of 100 out of 100 with a Green designation for meeting and /or exceeding most primary benchmarks Suggested Disposition: Receive and File HUD Healthy Home Letter 22. Economic Development Administration Disaster Grant - Bee Branch Creek Restoration City Manager recommending that the City submit a $4 million grant request to the U S Economic Development Administration for the Bee Branch Creek Restoration Project RESOLUTION Approving an application for flood disaster funding to the EDA for the Bee Branch Creek Restoration Project Suggested Disposition: Receive and File; Adopt Resolution(s) EDA Disaster Grant for Bee Branch Creek Restoration -MVM Memo, EDA Disaster Grant for Bee Branch Memo, EDA Disaster Letter, EDA Disaster Grant Resolution Bee Branch Cost Estimate, 23. Signed Contracts A) Dubuque County Elections Lease, B) Twilight River Boat Docking Agreement Suggested Disposition: Receive and File Dubuque Co Elections Lease, Twilight Dockmq Agreement, 24. Business License Refunds Request for liquor license refunds for The Twisted Pickle, LLC in the amount of $211 25, and The District, Inc in the amount of $422 50 Suggested Disposition: Receive and File; Approve Business License Refunds, 25. Alcohol and Tobacco License Applications City Manager recommending approval of annual liquor, beer, wine and tobacco licenses applications 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 applications for retail cigarette /tobacco sales permits, as required by Iowa Code 453A 47A Suggested Disposition: Receive and File; Adopt Resolution(s) Liquor License Renewals -MVM Memo, Police Memo, Tobacco Resolution, Liquor Resolution, 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 Changed Three 3 -year terms through June 30, 2015 (Expired terms of Henkels, Steffen and Shafer) Specialized Positions • 2 Business /Professional representatives (one living /working withing the Cultural District) • 1 At -Large living /working outside the Cultural District Applicants Ellen Henkels, 890 W 3rd Street Qualifies for all 3 positions John Keith King, 489 W 4th Street Qualifies for both Business/Professional positions Julie Steffen, 2260 Coates Street Qualifies for all 3 positions Vince Williams, 3965 Creston Street Qualifies for At -Large Position Civic Center Advisory Commission One 3 -year term through June 29, 2015 (Expired term of Parks) Applicant Bryce Parks, 2005 N Main Street Historic Preservation Commission One 3 -year term through July 1, 2015 (Expired At -Large term of Bichell) Applicant Mary Loney Bichell, 595 W 11th Street This commission is subject to the State of Iowa Gender Balance Law This application is compliant with the gender requirement Investment Oversight Advisory Commission Two 3 -year terms through July 1, 2015 (Expired terms of Chalmers and Simonson) Applicants Brad Chalmers, 1095 W 3rd Street John Keith King, 489 W 4th Street Ashlie Simonson, 44 S Algona Street Library Board of Trustees - Mayoral Appointment Two 4 -year terms through July 1, 2016 (Expired terms of Connors and Anderson - Bricker) Applicants John Anderson - Bricker, 903 Merz Street Paula Connors, 818 S Grandview Avenue John Pregler, 1525 Pego Court (Mr Pregler currently serves on the Long Range Planning Advisory Commission) This commission rs subject to the State of Iowa Gender Balance Law and requires an appointment from each gender to maintain balance Long Range Planning Advisory Commission Two 3 -year terms through July 1, 2015 (Expired terms of Darter and Pregler) Applicants Chad Darter, 2544 Matthew John Drive John Pregler, 1525 Pego Court Park and Recreation Commission One 3 -year term through June 30, 2015 (Expired term of Blocker) Applicant Robert Blocker, 880 Kane Street Transit Advisory Board One 3 -year term through July 30, 2015 (Expired term of Esser) Applicant Matthew Esser, 90 Main Street Appointment to the following commission to be made at this meeting: Human Rights Commission One 3 -year term through January 1, 2013 (Vacant term of Ronek) Applicant Andrea Helgager, 40 Main Street This commission is subject to the State of Iowa Gender Balance Law This appointment is compliant with the gender requirement Boards Overview Sheet Boards Latest Listing, Arts Commission Applications, Civic Center Applications Historic Preservation Applications, Human Rights Application Investment Oversight Applications, Library Board Applications, Long Range Ping Applications, Park and Rec Applications, Transit Board Applications, Gender Balance - City Breakdown, Gender Balance Law, Gender Balance Q &A Sheet 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. Loras College Parkway - Grading /Paving, Public Hearing & Award Proof of publication on notice of public hearing to consider the approval of the plans, specifications, form of contract and estimated cost for the Loras Parkway Project, authorize the City Manager to execute the Subgrantee Agreement, and award the project to Horsfield Construction, Inc in the amount of $483,757 45 subject to the approval of the Iowa Department of Transportation RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the Loras Parkway Project (Iowa DOT Project No TCSP- PA27(003)-- 9S -31) RESOLUTION Approving a Subgrantee Agreement between the City of Dubuque and Lora College for the Loras College Parkway PCC Pavement - Grade and Replace Project (Iowa DOT Project No TCSP- PA27(003)-- 9S -31) RESOLUTION Awarding Public Improvement Contract for the Lora Parkway PCC Pavement - Grade and Replace Project (Iowa DOT Project No TCSP- PA72(003)-- 9S -31) Suggested Disposition: Receive and File; Adopt Resolution(s) Loras Parkway Public Heannq -MVM Memo, Loras Parkway - Council Public Heannq, Subbrantee & Award Memo, Loras Parkway - Public Hearing Resolution Loras Parkway - Subgrantee Resolution, Loras Parkway - Subgrantee Agreement, Loras Parkway - Award Resolution, 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. Cookin' Something Up - Alcohol Compliance Violation Hearing Assistant City Attorney Crenna Brumwell to conduct a civil penalty hearing on the second alcohol compliance violation by Cookin' Something Up, Suggested Disposition: Receive and File: Conduct Hearing; Council Onginal Notice of Violation Notice and Order Settmq Heannq, 2. Convention and Visitors Bureau Quarterly Report Director Keith Rahe to provide an update on the activities of the Dubuque Convention and Visitors Bureau Suggested Disposition: Receive and File CVB Report, 3. Demolition Permit Appeal -1760 Jackson Street City Manager recommending approval to issue a demolition permit at 1760 Jackson Street in response to an appeal to City Council by Ted Stack's regarding the Historic Preservation Commission's denial of the permit Suggested Disposition: Receive and File; Council 1760 Jackson Street Appeal of Denial of Demolition Permit -MVM Memo, Legal Memo, Planning Memo, Histonc Preservation Minutes 5/17/12, Staff Matenals 4. Sale of Bonds - Taxable General Obligation Bonds Series 2012C and General Obligation Bonds Series 2012D City Manager advising that the results of the sale of 6,965,000 Taxable General Obligation Bonds Series 2012C and $7,595,000 General Obligation Bonds Series 2012D will be brought to the June 4, 2012 City Council meeting for approval RESOLUTION Directing the sale of Taxable General Obligation Bonds Series 2012C RESOLUTION Directing the sale of General Obligation Bonds Series 2012D Suggested Disposition: Receive and File; Adopt Resolution(s) Sale of Senes 2012C and 2012D GO Bonds -MVM Memo, Resolutions, Bond Counsel Letter, Moody's Investor Service Bond Rating Report, 5. Appeal of Sidewalk Installation - 449 Lowell Street Correspondence from Rod and Sharron Chapman appealing the City's requirement for a sidewalk at 449 Lowell Street Suggested Disposition: Receive and File; Council Chapman Letter, Chapman Photos, Original Staff Documentation 6. Heartland Financial USA, Inc. City Manager recommending approval of a resolution authorizing the submission of a Financial Assistance application to the Iowa Economic Development Authority on behalf of Heartland Financial USA, Inc RESOLUTION Authorizing the filing of a State of Iowa Financial Assistance application on behalf of Heartland Financial USA, Inc Suggested Disposition: Receive and File; Adopt Resolution(s) Heartland Financial Assistance Application -MVM Memo Staff Memo Resolution, Financial Assistance Application, 7. Catfish Creek Watershed Management Authority - Representatives Selection Process City Manager transmitting recommendations for the selection process for City of Dubuque representatives, in accordance with the approved 28E agreement for the Catfish Creek Watershed Management Authority for City Council review and approval Suggested Disposition: Receive and File; Council Caffish Creek Watershed Management Authority Representatives -MVM Memo, Staff Memo, Supporting Documents, 8. Upper Central Avenue Commercial Historic District Historic Preservation Commission recommending approval of the Upper Central Avenue Commercial Historic District review criteria and nomination to the State Nominations Review Committee Suggested Disposition: Receive and File; Council Council Letter, Nomination Part 1, Nomination Part 2, 9. Wilmac Property Group - Multi - Family Rental Unit Production Round 4 Application City Manager recommending approval of an application for a Community Development Block Grant (CDBG) Multi - Family Rental Unit Production - Round 4 funding to create multi - family rental units in the Betty Building located at 901 Jackson Street in the Historic Millwork District RESOLUTION of Support to the Iowa Economic Development Authority, on behalf of Tim McnamaraNVilmac Property Group for submittal of an application for a CDBG Disaster Multi - Family Unit Production Round 4 Application Suggested Disposition: Receive and File; Adopt Resolution(s) NP4 Application on behalf of wlmac Property -MVM Memo Staff Memo Resolution, Multi - Family Rental Unit Production Round 4 Application, 10. Iowa Finance Authority - Novelty Iron Works City Manager recommending approval to pursue a $4 5 million low- interest loan from the Iowa Finance Authority to assist the Novelty Iron Works project, 333 E 10th Street, in the Historic Millwork District Suggested Disposition: Receive and File; Approve Iowa Finance Authority Letter on Behalf of Novelty Iron Works -MVM Memo Staff Memo Letter to I FA, Caradco Landlord, LLC Memo, 11. Request for Qualifications - Site Selection Study and Environmental Analysis for a Bus Storage and Maintenance Facility City Manager recommending Council approval to distribute a Request for Qualifications for services required to do a site selection study and environmental analysis for a bus storage and maintenance facility Suggested Disposition: Receive and File; Approve Intermodal Site Selection for Bus Facility RFP -MVM Memo, Staff Memo, Rendennq, RFQ Document, 12. Stormwater Management Utility Fee for Fiscal Year 2013 City Manager recommending an amendment to the City of Dubuque Code of Ordinances amending the Stormwater Management Utility Fee which will maintain the rate of $5 60 per month at least through June 30, 2013 ORDINANCE Amending City of Dubuque Code of Ordinances Section 13 -4 -5 (D) SFU Rate, Charges, Utility Revenues Suggested Disposition: Receive and File; Motion B; Motion A FY13 Stormwater Management Utility Fee Rate Change -MVM Memo, Staff Memo, Ordinance, Suggested Motion, 13. City Wide Water Meter Replacement and Unmeasured Flow Reducer (UFR) Installation Program - Project Acceptance City Manager recommending acceptance of the City Wide Water Meter Replacement and Unmeasured Flow Reducer (UFR) Installation Project, as completed by Northern Water Works Supply, in the final contract amount of $7,324,285 RESOLUTION Accepting the City of Dubuque, Iowa, Water Meter Replacement Project Suggested Disposition: Receive and File; Adopt Resolution(s) Final Acceptance of City Wide Water Meter Replacement -MVM Memo Staff Memo Exhibits I - IV Exhibit V, Exhibit VI Resolution, 14. Iowa WORKS - Region 1 Workforce Investment Board (RWIB) Communication from Dave Leary, Region 1 Director for IowaWORKS, Northeast Iowa, requesting nominations to fill a vacancy that exists on the Region 1 Workforce Investment Board (RWIB) historically held by a member of the Dubuque City Council Suggested Disposition: Receive and File; Council RWIB Letter, RWIB Resume Form, RWIB Membership Document, 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