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8 20 12 City Council AgendaROLL CALL ORDER FOR MEETING OF 8202012 Buol, Connors, Jones, Lynch, Resnick, Sutton, Brag CITY OF DUBUQUE,IOWA CITY COUNCIL MEETING Historic Federal Building 350 W. fith Street August 20, 2012 Council meetings are video streamed live and archived at wwwcitvofdubuuue orq /nedia and on Dubuque's CttyChannel on the Mediacom cable system at Channel 8 (analog) and 97 2 (digdaQ WORK SESSION 4 30-5 30 PM TOUR OF WATER & RESOURCE RECOVERY CENTER 795 Julien Dubuque Drnre REGULAR SESSION 630 PM PLEDGE OF ALLEGIANCE MOMENT OF SILENCE PROCLAMATION(S) 1 Irish Hooley Day (August 25, 2012) hash Hooley Day P rodamation 2 Civic Awareness Month (September 2012) Civic Avisreness Proclamation 3 Life Insurance Awareness Month (September 2012) J Rr inairanne Avwrenass P mrlain atton 4 United Warr Campaign (September 2012) United Way P rod amation PRESENTATION(S) 1 Introduction of Alvin Nash, Housing and Community Development Department Director Nevis Release CONSENT ITEMS The consent agenda Items are considered to be routine and non - controversial and all consent Itemswlll be normally voted upon In a single motion without art 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 temyou would like removedfromthe Consent Agenda for separate discussion and consideration 1 Minutes and Reports Submitted Arts and Cultural Affairs Advisory Commission of 6/26, City Council proceedings of 8 /6, Investment Oversight Advisory Commission of 7125, Library Board of Trustees of 615, Park and Recreation Advisory Commission of 12 /13 /11 through 7/10/12 and Work Session of 7124, Zoning Advisory Commisson of 511, Zoning Board of Adjustment of 7126, Proof of publication for City Council proceedings of 7116 Suggested Disposition Receive and File Arts Commission Minutes 6/26, City Council Proceedings 8/6, Investment Oversight Minutes 7/25, Library Board Minutes 6/28, Park and Rec Minutes Dec 2012 - May 2012, Park and Rec Minutes 6/12 Park and Rec Minutes 7/10, Park and Rec Work Session 7/24 Zoning Advisory Minutes 8/1 Zoning Board of Adjustment Minutes 7/26 Proof - City Council Proceedings 8/6 2. Notice of Claims and Suits Melissa and Chad Driscoll for property damage at 1897 Chaney Rd , and Spahn & Rose Lumber, Co vs City of Dubuque for property damage at 925 Kerper Blvd Suggested Disposition: Receive and File; Refer to City Attorney Dnscoll Claim, Spahn & Rose Lumber Co Suit, 3. Disposition of Claims 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 Suggested Disposition: Receive and File; Concur ICAP Claim, 4. U.S. Department of Housing and Urban Development (HUD) Correspondence from Yolanda Chaves, Deputy Assistant Secretary for Grant Programs with HUD, requesting that the City resolve all open Community Development Block Grant (CDBG) activities as identified in the Inspector General's 2011 audit of the CDBG program Suggested Disposition: Receive and File; Refer to City Manager CDBG Audit Correspondence 5. Dubuque Arboretum and Botanical Gardens Correspondence from Jack Frick, Board President of the Dubuque Arboretum and Botanical Gardens thanking the City for the grant that was received through the Dubuque Metropolitan Area Solid Waste Agency (DMASWA) applied toward materials and labor of six recycling bins Suggested Disposition: Receive and File Arboretum Letter, 6. Sustainable Dubuque Project Status Update City Manager submitting the Sustainable Dubuque Project Status Update for July 2012 Suggested Disposition: Receive and File Sustainable Dubuque July Report -MVM Memo, Staff Memo, July Report 7. 5 Points Traffic Signal Reconstruction Project Rebid Award City Manager recommending bid award of the 5 Points Traffic Signal Reconstruction Project to the low bidder, Portzen Construction RESOLUTION Awarding construction contract for 5 Points Traffic Signal Reconstruction Rebid Project Suggested Disposition: Receive and File; Adopt Resolution(s) 5 Points Traffic Signal Reconstruction Rebid Award -MVM Memo Staff Memo Resolutions, Bids 8. Citizen Correspondence - That's My Dog Correspondence from Robin MacFarlane, President of That's My Dog in favor of repealing the ban on dogs in City parks Suggested Disposition: Receive and File That's My Dog Letter, 9. Phase VI Historical /Architectural Survey and Evaluation Grant Application City Manager recommending approval of a State Historic Preservation Office for Historic Resource Development Program grant funds application for the Phase VI Historic /Architectural Survey and Evaluation RESOLUTION Authorizing HRDP Grant Application to the State Historical Society of Iowa for Phase VI Historic /Architectural Survey and Evaluation Suggested Disposition: Receive and File; Adopt Resolution(s) HRDP Grant Application for Phase VI Survey /Evaluation -MVM Memo, Staff Memo, Resolution, Grant Application, 10. Dubuque County Multi - Jurisdictional Hazard Mitigation Plan City Manager recommending adoption of the Dubuque County -wide Multi - Jurisdictional Hazard Mitigation Plan, as completed by the East Central Intergovernmental Association RESOLUTION Approving the adopting of the Dubuque County Multi - Jurisdictional Hazard Mitigation Plan, and request approval of Plan at the federal level Suggested Disposition: Receive and File; Adopt Resolution(s) Dubuque County Multiiurisdictional Hazard Mitigation Plan -MVM Memo, Staff Memo Hazard Litigation Resolution Hazard Mitigation Plan, 11. Explosives Detection K9 Acquisition City Manager recommending acquisition of an explosives detection K9 Suggested Disposition: Receive and File; Approve Explosives Detection K9 Acquisition -MVM Memo, Staff Memo , K9 Memos , 12. Human Rights Commission Commissioner Kurt Hansen submitting his resignation from the Human Rights Commission Suggested Disposition: Receive and File; Accept Resignation Hansen Resignation Letter, 13. Final Plat - Patricia Ann Acres Subdivision No. 3 Zoning Advisory Commission recommending approval of the Final Plat of Patricia Ann Acres Subdivision No 3 subject to waiving lot frontage for Lot 6 RESOLUTION Approving the Final Plat of Patricia Ann Acres Subdivision No 3 in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Staff Memo, Resolution Applicant Materials Staff Materials, 14. Smart Growth Development Funding City Manager recommending that the City contribute $2,000 from the Economic Development Department Federal Initiatives budget to statewide Smart Growth Development as they try to improve the funding levels for historic rehabilitation projects Suggested Disposition: Receive and File; Approve Smart Growth Development -MVM Memo, Staff Memo, Accomplishments, Smart Growth Development Invoice, Smart Growth Development 2012/2013 Action Items 15. AmeriCorps Partners in Learning Grant Award 12 -13 (Grant 12- AC -13) City Manager recommending approval of the grant agreement with the Iowa Commission on Volunteer Service for the City of Dubuque AmeriCorps Program Suggested Disposition: Receive and File; Approve AmeriCorps Partners In Learning Grant Award -MVM Memo, Staff Memo AmeriCorps Grant Agreement 12 -13 AmeriCorps- Disaster Deployment Agreement 12 -13, 16. 2013 -2015 Towing Contract - Recommendation City Manager recommending the award of the City of Dubuque 2013- 2015 Towing Contract to Burt Steve and Son Garage, Inc Suggested Disposition: Receive and File; Approve Towing Contract Recommendation -MVM Memo Staff Memo Committee Recommendation, Contract, 17. Ramona Street - Project Acceptance City Manager recommending acceptance of the public improvement and authorization of the final payment for the Ramona Street and Pamela Court Panel Replacement Project RESOLUTION Accepting the Romana Street Panel Replacement, from Mt Loretta to Adeline Street Project, and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) Ramona Street Acceptance -MVM Memo Staff Memo Resolution, 18. Improvement Contracts 1 Performance, Payment and Maintenance Bonds Tom Kueter Construction, Co , Inc for Dubuque Industrial Center South Grading and Utilities 2012 Phase I Rebid Suggested Disposition: Receive and File Kueter Contract 19. University of Dubuque "Light Up Chalmers" - 2012 Fireworks Request Correspondence from Ross Salwolke, Security Officer for The University of Dubuque, requesting permission to conduct a fireworks display on September 1, 2012 starting approximately 9 25 p m on the baseball field at the south point of the left field line Suggested Disposition: Receive and File; Approve Fireworks Permit Request Correspondence, 20. Business License Refund Request of Michael Schmidt for a refund of the liquor license for Bowling & Beyond in the amount of $422 50 Suggested Disposition: Receive and File; Approve Liquor License Refund Request, 21. 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 Liquor Resolution, ITEMS TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. 1. SEP Green Alley Project City Manager recommending approval of the bid letting, Resolution of Necessity, the preliminary approval of plans and specifications and that a public hearing be set for September 4, 2012, to give final consideration to the plans and specifications RESOLUTION 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 SEP Green Alley Project (between Jackson and Washington Streets from 16th to 17th and between Jackson and White Streets from 17th to 18th) Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 914112 SEP Green Alley Protect -MVM Memo, Staff Memo, Resolutions, Notice to Bidders, 2. FedEx - Vacate of Storm Sewer City Manager recommending that a public hearing be set for September 4, 2012 to consider vacating a Storm Sewer Easement and Blanket Access Easement - Lot 1 Dubuque Industrial Center North Second Addition RESOLUTION Accepting the grant of an easement for storm sewer and access through, over and across a part of Lot 1 of Dubuque Industrial Center North Second Addition in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 914112 Vacate FedEx Storm Sewer -MVM Memo Vacate FedEx Staff Memo Vacate Resolution Supporting Documents BOARDS /COMMISSIONS Added Late 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. (No applications were submitted for review at this meeting) Appointments to be made at this meeting: Airport Commission One 4 -year term through September 14, 2016 (Expiring term of Wagner) Applicants Amy Wagner, 4555 Camelot Dr Robert J Blocker, 880 Kane St This commission is subject to the State of Iowa Gender Balance Law Historic Preservation Commission Three 3 -year terms • One Architect At -Large term (vacant term of Wand affective September 1, 2012) through July 1, 2014 • One At -Large term (expired term of Krueger) through July 1, 2015 • One Cathedral District term (vacant interim term of Krey) through July 1, 2014 Applicants Otto Krueger, 2521 Wheatland Drive (qualifies for At -Large or Interim Cathedral District) Julie Schlarman, 1599 Bluff St (qualifies for At -Large or Interim Cathedral District) Benjamin Beard, 1854 Churchill St (qualifies for all three positions) Christina Monk, 2005 North Main St (qualifies for all three positions) This commission is subject to the State of Iowa Gender Balance Law Gender balance is contingent upon the gender selected for the Architect At -Large position Housing Com mission Three 3 -year terms through August 17, 2015 (Expiring terms of Culbertson and Holz and Vacant term of Ronek) Applicants Dorothy Culbertson, 2095 University Ave Anna S Fernandes, 2191 Broadlawn Jim Holz, 3010 Indiana Court Boards Overview Sheet, Boards Latest listing, Airport Commission, Histonc Preservation Commission, Housing Commission, Gender Balance City Breakdown, Gender Law, Gender Q&A, 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. Sale of Property -1777 Washington Street Proof of publication on notice of public hearing to consider the sale of property located at 1777 Washington Street to Alberto Luna and the City Manager recommending approval RESOLUTION Approving the sale of real estate located at 1777 Washington Street, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Sale of Property at 1777 Washington -MVM Memo, Staff Memo, Resolution, Material from August 6th Agenda, 2. Sale of Property - 2312 Washington Street Proof of publication on notice of public hearing to consider the sale of property located at 2312 Washington Street to Jude E Root and the City Manager recommending approval RESOLUTION Approving the sale of real estate located at 2312 Washington Street, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Sale of Property at 2312 Washington Street -MVM Memo, Staff Memo, Resolution Material from August 6th Agenda, 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. Project HOPE Update Eric Dregne, Director of Programs for the Community Foundation of Greater Dubuque to provide an update and presentation on the activities of Project HOPE Suggested Disposition: Receive and File Protect HOPE Overview, 2. Meter District Amendment - Historic Millwork District (Second Reading) City Manager recommending approval of an Ordinance expanding the Downtown Meter District to include White Street from 5th Street to 11th Street on both sides, 8th Street both sides White Street to Washington, 9th Street both sides White Street to Elm Street, 10th Street both sides from White Street to Elm Street, 11th Street both sides from White Street to Elm Street, Jackson Street both sides from 8th Street to 11th Street, and Washington Street both sides from 8th Street to 11th Street ORDINANCE Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Parking, Section 9 -14 -321 666 Municipal Parking Meter District Established by Expanding the Downtown Meter District Suggested Disposition: Receive and File; Motion B; Motion A Amendment to Meter Distnct -MVM Memo, Staff Memo, Ordinance, Meter Distnct Amendment Map, 3. Dubuque Peace and Justice Correspondence from Richard Fischer of Dubuque Peace and Justice requesting the City of Dubuque apply for membership in Mayors for Peace, which supports the abolition of nuclear weapons by August 6, 2020 Suggested Disposition: Receive and File; Council Peace and Justice Request, Mayors for Peace Action Plan, Mayors for Peace Correspondence, Mayors for Peace Registration Form Petition pq 2 -55, Petition pq 56 -110 4. Social Host Ordinance Amendment City Manager recommending the addition of a reference to City Code Section 1 -4 -1 to the ordinance allowing for a criminal penalty for violations of the ordinance ORDINANCE Amending Ordinance 45 -12 which amended City of Dubuque Code of Ordinances Title 7 Police, Fire and Public Safety, Chapter 5 Offenses by adding a new Article E, Social Host Responsibility, clarifying the definition of Social Host as defined in Section 7 -5E -2 and establishing that a violation of Section 7 -5E -4 is a Municipal Infraction or Misdemeanor Suggested Disposition: Receive and File; Motion B; Motion A Social Host Ordinance Amendment -MVM Memo Staff Memo Police Memo, Social Host Ordinance 5. Control of Vehicle Ordinance Amendment City Manager recommending City Code Section 9 -7 -321 288 Control of Vehicle be amended so that the word "bridge" will be deleted from Section B3 and the designation "road work zone," will replace descriptive terminology in Section B6 making the ordinance consistent with State Code ORDINANCE Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 7 Operation, Section 9 -7 -321 288 Control of Vehicle to mirror the Iowa Code revision which removes bridge from B(3) and modifies the provision on construction to use road work zone for consistency as a term defined by the Iowa Code Suggested Disposition: Receive and File; Motion B; Motion A City Code Ordinance - Control of Vehicle MVM Memo, Staff Memo Ordinance, 6. Dubuque Metropolitan Area Solid Waste Agency Landfill Cell #9 Project. City Manager recommending City Council approve scheduling a work session for September 17, 2012, at 4 30 p m to tour the Dubuque Metropolitan Area Solid Waste Agency Landfill Cell #9 Project Suggested Disposition: Receive and File; Approve Scheduling Work Session- DMASWA Landfill Cell #9 Protect Tour -MVM Memo, Staff 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 CLOSED SESSION Pending Litigation and Property Acquisition - Chapter 21 5(1)(c)(i) Code of Iowa