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9 4 12 City Council AgendaREGULAR SESSION 630 PM PEE OGE O F ALLE FIAT CE MOMENT OF SILENCE SWEARING IN Mayo, Boor to Swear In Mayo, Pro Tam Kevin Lynch September 2012 April PROCLAMATIONS) 1. Voiree from the Waeboum -Break the Paradigm Orye(Smtember 8 October 5, 2012) 2. Dubuque OlkobeReet DW(September 15, M14 PRESENTATIONS) 1. 2012 an Otympice PeRmmance Awards Police Chief M ark Datsking to present the 2012 KaObn ns Performance Awards to OR Handler Officer Brian Wullwebe, and his OR partner "Buy c" CONSENTPEMS The consent agenda items are considered to be ruulme and non controversial and all consent items will normally voted upon in asingle motion witho I any separate discussion on a pat item If you wawa like to discus one of the Consent Items, please go to the microphone and be recognized by the M ever and sale the item you would like removed from the Consent Agenda for separate discussion and consideration. 1. Minutes and Repotle Surritel Ads and Cultural Affairs Advisory Commission S24 Cry muncit pmc degree of 000 Community Development Advisory Commission of 0115, Historic Preservation Commission 0n16 Human Rights Commslon of 7S Library Board of Trustees minutes of S23 and Board update of S23 and 023, Long Range Planning Addlsery Commission of 0n15, Mscbanlal Board of we Bare Community Advisory Committee of SO Proof of Publication for City Council proceedings of By Suggested Disposition: Rereirve and File Any Comm w on M mR,, 7A4 Are Amoco Pro ... ding MO CDAC Mmm,, On 5 IT son, or .. was, M mR,, On 6 human Many Mmm,, ROLL CALL ORDER FOR MEETING OF 9/42012 Connote Jones, Lynch, Remick Simon, BraiB Buol CITY OF DUBUQUE,IOWA CITY COUNCIL MEETING ``yore Historic Federal Building i c 350 W. 6th Street, Dubuque Want September 4, 2012 A Council mmings are video streamed live and archived at vrvrvv.c0vottlubuo om /media and on Dubuque's CiouCbannel on the Debugger able ryzlem at Channel (analog) and 97.2 highb. WORN SESSION REGULAR SESSION 630 PM PEE OGE O F ALLE FIAT CE MOMENT OF SILENCE SWEARING IN Mayo, Boor to Swear In Mayo, Pro Tam Kevin Lynch September 2012 April PROCLAMATIONS) 1. Voiree from the Waeboum -Break the Paradigm Orye(Smtember 8 October 5, 2012) 2. Dubuque OlkobeReet DW(September 15, M14 PRESENTATIONS) 1. 2012 an Otympice PeRmmance Awards Police Chief M ark Datsking to present the 2012 KaObn ns Performance Awards to OR Handler Officer Brian Wullwebe, and his OR partner "Buy c" CONSENTPEMS The consent agenda items are considered to be ruulme and non controversial and all consent items will normally voted upon in asingle motion witho I any separate discussion on a pat item If you wawa like to discus one of the Consent Items, please go to the microphone and be recognized by the M ever and sale the item you would like removed from the Consent Agenda for separate discussion and consideration. 1. Minutes and Repotle Surritel Ads and Cultural Affairs Advisory Commission S24 Cry muncit pmc degree of 000 Community Development Advisory Commission of 0115, Historic Preservation Commission 0n16 Human Rights Commslon of 7S Library Board of Trustees minutes of S23 and Board update of S23 and 023, Long Range Planning Addlsery Commission of 0n15, Mscbanlal Board of we Bare Community Advisory Committee of SO Proof of Publication for City Council proceedings of By Suggested Disposition: Rereirve and File Any Comm w on M mR,, 7A4 Are Amoco Pro ... ding MO CDAC Mmm,, On 5 IT son, or .. was, M mR,, On 6 human Many Mmm,, 7/9, Library Board Minutes 7/26, Library Board Update 7/26, Library Board Update 8/23, Long Range Planning Minutes 8/15, Mechanical Board Minutes 8/9, Safe Community Minutes 5/9, Proof - City Council Proceedings 8/6, 2. Notice of Claims and Suits American Concessions for property damage, Monica Halverson for vehicle damage, and Steven Kaiser for property damage, and James Schueller for vehicle damage. Suggested Disposition: Receive and File; Refer to City Attorney Americana Concessions Claim, Halverson Claim, Kaiser Claim, Schueller Claim, 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: Americana Concessions for property damage, Monica Halverson for vehicle damage, Steven Kaiser for property damage, and James Schueller for vehicle damage. Suggested Disposition: Receive and File; Concur ICAP Claims, 4. City of Hamilton, Ohio Correspondence and proclamation from Joshua Smith, City Manager of Hamilton, Ohio, thanking the City of Dubuque for welcoming their delegation and providing a tour of Dubuque on July 28 -30, 2012. Suggested Disposition: Receive and File Hamilton Proclamation, 5. Flexsteel Industries - Acceptance of Sidewalk Easement City Manager recommending acceptance of the easement for a sidewalk across Flexsteel Industries, Inc. at the southwest corner of Bell and 5th Streets. RESOLUTION Accepting the Grant of Easement for sidewalk through, under and across part of Lot 1 of 1 of Adams Company's 4th Addition in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Flexsteel Industries Acceptance of Easement for Sidewalk -MVM Memo, Staff Memo, Acceptance Resolution, Grant of Easement for Sidewalk, Sidewalk Easement Exhibits, 6. Alcohol Compliance Civil Penalty for Alcohol License Holders - Fischer Lanes City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Fischer Lanes, 880 Locust Street. Suggested Disposition: Receive and File; Approve Fischer Lanes Alcohol Compliance Settlement -MVM Memo, Staff Memo , Settlement Agreement copy, Dubuque Industrial Center North - Acceptance of Storm Sewer and Access Easements City Manager is recommending acceptance of storm sewer and access easements from 2013 Dubuque, LLC for existing storm sewer and access across 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) Accept Fed Ex (2013 Dubuge) Storm Sewer and Access Easements -MVM Memo, Staff Memo, Resolution, Supporting Document, 8. Collective Bargaining Agreement Amendment - International Union of Operating Engineers, Local #234 City Manager recommending approval of a ten hour per day and four day work week for full -time Public Safety Dispatchers through September 30, 2013. Suggested Disposition: Receive and File; Approve Operating Engineers Amendment- MVM Memo, Staff Memo, Amendment, 9. Dubuque Regional Airport - Land Acquisition Plat City Manager recommending approval of the land acquisition plat for the land acquired from Ronald and Ellen Hartman. RESOLUTION Approving Plat of Survey of Lot 1 and Lot 2 of the Northwest Quarter of the Northwest Quarter of Section 27, Township 88 North, Range 2 East of the Fifth Principal Meridian, Dubuque County, Iowa RESOLUTION Approving Plat of Survey of Lot 1 and Lot 2 of the Southwest Quarter of the Southwest Quarter of Section 22, Township 88 North, Range 2 East of the Fifth Principal Meridian, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Approval of Land Acquisition Plat -MVM Memo, Staff Memo , Resolution - NW, Consent to Plat- NW, Resolution - SW, Consent to Plat - SW, 10. Consent Decree Semiannual Report City Manager recommending submittal of the September 2012 Semiannual Report for the U.S. Environmental Protection Agency Consent Decree. Suggested Disposition: Receive and File; Approve Consent Decree Semiannual Report-MVM Memo, Staff Memo, Consent Decree Semi - Annual Report, 11. Gallagher Benefit Services - Consulting and Actuarial Services Agreement City Manager recommending approval of an amendment to the Administrative Services Agreement with Gallagher Benefit Services for benefit consulting and actuarial services effective July 1, 2012, through June 30, 2014, and authorize the City Manager to sign the Amendment. Suggested Disposition: Receive and File; Approve Gallagher Benefit Consulting & Actuarial Services -MVM Memo, Gallagher Benefit Services Memo, Gallagher Benefit Services Agreement, 12. Statewide Program for Monitoring Post- Construction Controls - Letter of Support City Manager recommending that the City send a letter of general support for a statewide effort to help track and inspect post - construction controls and to create an on -line database that all inspectors can use. Suggested Disposition: Receive and File; Approve Statewide Program for Monitoring Post - Construction Controls Letter of Support-MVM Memo, Staff Memo & Letter of Support, 13. Volunteer Generation Fund Grant City Manager recommending that the City accept a Volunteer Generation Fund Grant Award from the Iowa Commission on Volunteer Service, which will allow the City to use volunteering as a strategy to meet some of the Safe Community Task Force Recommendations. Suggested Disposition: Receive and File; Approve Volunteer Generation Fund Grant Recommendation -MVM Memo, Volunteer Generation Fund Grant Memo, Volunteer Generation Grant Negotiated, Negotiation Response, 14. Fiscal Year 2012 City Street Financing Report City Manager recommending approval of the City Street Financing Report for Fiscal Year 2012. RESOLUTION Approving the City of Dubuque Fiscal Year 2012 City Street Financing Report Suggested Disposition: Receive and File; Adopt Resolution(s) FY12 City Street Financing Report-MVM Memo, Staff Memo, Resolution, Report, 15. Purchase of Services Agreement - Green and Healthy Homes Initiative City Manager recommending execution of a contract with the Community Foundation of Greater Dubuque to provide a Home Advocate for the Green and Healthy Homes Initiative. Suggested Disposition: Receive and File; Approve Green and Healthy Homes POS -MVM Memo, Staff memo, Purchase of Service Agreement, 16. Iowa Mississippi River Parkway Commission (MRPC) - 2012 Annual Report Iowa MRPC Chair John Goodmann submitting the 2012 Iowa Mississippi River Parkway Commission's annual report. Suggested Disposition: Receive and File MRPC 2012 Annual Report, 17. Federal Emergency Management Agency (FEMA) Correspondence from Luis Rodgriguez of the Federal Emergency Management Agency (FEMA), Engineering Management Branch, providing the City with information on the appeals process and notification of publication for the Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) determinations. Suggested Disposition: Receive and File; Refer to City Manager FEMA - FIRM & FIS Appeals Letter, 18. Arts and Cultural Affairs Advisory Commission / Investment Oversight Commission Commissioner John King submitting his resignation to the Arts and Cultural Affairs Advisory Commission and the Investment Oversight Advisory Commission due to a change in residency. Suggested Disposition: Receive and File; Accept Resignation King Resignation Letter, 19. Housing Commission Commissioner Dave Kapler submitting his resignation to the Housing Commission. Suggested Disposition: Receive and File; Accept Resignation Kapler Resignation Letter, 20. Iowa Municipal Professionals Academy Correspondence from Cindy Kendall of the ISU Extension and Outreach, Office of State and Local Programs thanking the City for supporting the attendance of City Clerk Kevin Firnstahl and Assistant City Clerk Trish Gleason at the 2012 Iowa Municipal Professionals Academy. Suggested Disposition: Receive and File Kendall IMPA Letter, 21. U.S. Department of Housing and Urban Development (HUD) Correspondence from Shannon Steinbauer, Government Technical Representative for the U.S. Department of Housing and Urban Development advising that the City's Healthy Homes and Lead Hazard Control Program has received an overall performance rating of 100 out of 100 and providing some instruction on the program's relationship to the Green and Healthy Homes Initiatives. Suggested Disposition: Receive and File HUD Healthy Homes Letter, 22. Code of Ordinances - Adoption of Supplement No. 10 City Clerk recommending adoption of Supplement No. 10 to the City of Dubuque Code of Ordinances, which adopts Ordinance Nos. 35 -12, 36 -12, 37 -12, 38 -12, 39 -12, 40 -12, and 41 -12 as adopted by the City Council through August 20, 2012. RESOLUTION Adopting Supplement No. 10 to the Code of Ordinances of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Staff Memo, Code Supplement No. 10, Resolution, 23. Dubuque Main Street - Resolution of Support City Manager recommending approval of the Program Agreement between Dubuque Main Street, the City of Dubuque, and the Iowa Department of Economic Development. RESOLUTION of support and financial commitment for the Main Street Program in Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s) DMS Resolution of Support - MVM Memo, Agreement, Resolution, 24. IBM Research - Amendment to Joint Development Agreement City Manager recommending an amendment to the existing Joint Development Agreement with IBM Research to support a Department of Energy Smart Grid Data Access Grant. Suggested Disposition: Receive and File; Approve IBM Research Amendment to Joint Development Agreement -MVM Memo, Staff Memo, Final Joint Development Agreement, 25. Improvement Contracts / Performance, Payment and Maintenance Bonds Contract with A &G Electric for the North End Neighborhood Trail Lighting Project and Stackis Construction for the Fire Hydrant Repainting Project Phase II 2012. Suggested Disposition: Receive and File; Approve A &G Electric Contract, Stackis Construction Contract, 26. Signed Contracts Contract with Davis Construction for the Allison- Henderson Park Building Remodel and Digital Designs for exterior bus decal advertising production. Suggested Disposition: Receive and File Davis Construction Contract, Digital Designs Contract, 27. Alcohol License Applications City Manager recommending approval of annual beer, liquor and wine license 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 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. Vacate of Property - 2500 Kerper Blvd. (Key City Plating) City Manager recommending setting a public hearing for September 17, 2012, to consider vacation of a lot known as Lot 2A of McGraw -Hill, Key City Plating Replat. RESOLUTION of Intent to vacate and dispose of City interest in a portion of Kerper Boulevard, to be known as Lot 2A of McGraw -Hill Key City Plating Replat in the City of Dubuque, Dubuque, County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 9117112 Vacate Petition Kerper Blvd at Key City Plating -MVM Memo, Staff Memo, Resolution & Notice of Hearing, Map, Plat, 2. Fiscal Year 2013 First Budget Amendment City Manager recommending the first Fiscal Year 2013 Budget Amendment be set for public hearing for September 17, 2012. RESOLUTION Setting the date for the public hearing on Amendment No. 1 to the Fiscal Year 2013 Budget for the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 9117112 Setting Public Hearing Fiscal Year 2013 First Budget Amendment - MVM Memo, Staff memo, Resolution, Notice of Hearing, Amendment Detail, 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. Cable Television Commission One 3 -year term through July 1, 2015 (Vacant term of Herrig) Applicant: Kathleen McMullen, 1308 Curtis St. Civic Center Commission One 3 -year term through June 29, 20123 (Vacant term of Field) Applicant: Kirstin Pope, 5388 Park Place Housing Commission One 3 -year terms through August 17, 2014 (Vacant Term of Krey) Applicant: Rick J. Baumhover, 601 Garfield Ave. #104 Human Rights Commission Two 3 -year terms through January 1, 2013 and January 1, 2015 (Vacant Terms of Krey and Hansen) Applicants: Rick J. Baumhover, 601 Garfield Ave. #104 Howard Lee III, 516 Lincoln Ave. This commission is subject to the State of Iowa Gender Balance Law. Zoning Advisory Commission Two 3 -year terms through July 1, 2015 (Vacant terms of Hardie and Miller) Applicants: Rick Baumhover, 601 Garfield Ave. #104 Stephen Hardie, 62 Freemont Ave. Charles Miller, 7010 Asbury Rd. This commission is subject to the State of Iowa Gender Balance Law. Boards Overview Sheet, Boards Latest Listing, Cable TV Commission Application, Civic Center Advisory Commission Application, Housing Commission Application, Human Rights Commission Applications, Zoning Advisory Board Applications, Gender Balance Law, Gender Balance - City Breakdown, 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 Request to Amend Planned Unit Development - Asbury Plaza (Tabled from June 18, 2012) Proof of publication on notice of public hearing to consider a request by O'Connor & Thomas, P.C., Asbury Dubuque, LC, and Richardson Investments, LLC to amend the Asbury Plaza Planned Unit Development to allow for a right -in /right -out access to the Northwest Arterial and to amend the list of permitted uses, height and sign regulations and the Zoning Advisory Commission recommending approval. Correspondence from O'Connor & Thomas on behalf of the developers requesting that the application be withdrawn from consideration. City Manager advising that City staff has no objection to the request for withdrawal. ORDINANCE As recommended by the Zoning Advisory Commission OR as recommended by the City Manager Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code by rescinding Ordinances 4 -96, 44 -99, 97- 02, 41 -03, 51 -05 and 65 -06, which established regulations for Asbury Plaza, a planned unit development with a Planned Commercial Designation, located at the northwest corner of Highway 32 and Asbury Road and now being amended to allow vehicle sales and vehicle service or repair as permitted uses and amend regulations for signage and building height Suggested Disposition: Receive and File; Remove from Table, Accept Withdrawal Asbury Plaza PUD - MVM Memo, Request to Withdraw Application, Attorney Letter 6 7 12, Asbury Plaza PUD -MVM Memo, Asbury Plaza PUD - Requests to Table, Map Asbury Plaza Public Easements, MVM PUD Ordinance Amendment, ZAC Ordinance, ZAC Letter to Council , Application Form, Attorney Letter, Vicinity Map, Renderings, Conceptual Plans, Staff Memo, Aerial Views, City Code, Traffic Study , Proof of Publication, Proof of Publication 4 16 12, Proof of Publication 6 18 12, Suggested Motion, 2. 2013 Dubuque, LLC (Fed Ex) - Vacate Storm Sewer Easement and Blanket Easement Proof of publication on notice of public hearing to consider the vacation of a blanket access easement and a portion of storm sewer easement on Lot 1 Dubuque Industrial Center North Second Addition, as requested by Carl Ruedebusch, representing the purchasers of the lot, 2013 Dubuque, LLC and the City Manager recommending approval. RESOLUTION Disposing of City interest in storm sewer and access easements on Lot 1 Dubuque Industrial Center North Second Addition in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Dubuque Industrial Center North 2nd Addition Vacate Storm Sewer Easement & Blanket Access Easement -MVM Memo, Vacate Storm Sewer Easement & Blanket Access Easement Lot 1 DICN 2nd Addition, Disposing Resolution, Release of Easement, Acceptance of Resolution, Documentation from 8 -20 -12 Agenda, 3. Green Alley Permeable Pavers Supplemental Environmental Project (SEP) Proof of publication on notice of public hearing to consider approval of plans specifications, form of contract and estimated cost for the Green alley Permeable Pavers Supplemental Environmental Project (SEP) between Jackson and Washington Streets from 16th to 17th and between Jackson and White Streets from 17th to 18th and the City Manager recommending approval. RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the Green Alley Permeable Pavers Supplemental Environmental 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) SEP Green Alley Proied -MVM Memo, Attachment I to MVm Memo, Attachment II to MVM Memo, Resolution, Staff Memo, REINSTATE THE RULES This action limits discussion to the City Council. /_%01010IY0Ili K These are items where discussion is held by the City Council - public comments are not allowed except as authorized by the Mayor. Meter District Amendment - Historic Millwork District (Third 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. Correspondence from the Dubuque Police Protective Association in opposition to the Meter District Amendment. 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 District -MVM Memo, Staff Memo, Ordinance, Meter District Amendment Map, DPPA Letter, Suggested Motion, 2. Grand River Center - Floor Settlement Remediation Project City Manager recommending that a public hearing be set for September 17, 2012, for the Grand River Convention Center - Floor Settlement Remediation Project and to authorize advertisement for proposals. 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 (Grand River Convention Center Floor Settlement Remediation Project) Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 9117112 Grand River Convention Center -MVM Memo, Staff Memo, Notice to Bidders, Resolution & Notice of Hearing, 3. Intermodal Transportation Campus - Design Award City Manager recommending award of the multi - phased final design and construction oversight of the Intermodal Transportation Campus Phase I contract to Neumann - Monson of Iowa City, IA. Suggested Disposition: Receive and File; Approve Intermodal Transportation Campus Architect Engineer Contract Award - MVM Memo, Staff Memo, Newmann Monson Contract, 4. Citizen Correspondence Correspondence from Amy Spiegelhalter, 3739 Inwood Avenue, requesting the City install a sidewalk on Peru Road from the Casey's General Store to the Heritage Trail. Suggested Disposition: Receive and File; Refer to City Manager Spiegelhalter Letter, COUNCIL MEMBER REPORTS 1-19- 3IIIIA1010111 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. Is] S0li -1=1I1FI=61-110101 Pending Litigation - Chapter 21.5(1)(c), Code of Iowa