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1 22 13 City Council AgendaROLL CALL ORDER FOR MEETING OF 1/22/2013 Sutton, Braig, Buol, Connors, Jones, Lynch, Resnick CITY OF DUBUQUE,IOWA CITY COUNCIL MEETING Historic Federal Building 350 W. fith Street January 22, 2013 Council meetings are video streamed live and archived at www.citvofdubuaue.ora /media and on Dubuque's CityChannel on the Mediacom cable system at Channel8 (analog) and 97.2 (digital). REGULAR SESSION 6:30 PM PLEDGE OF ALLEGIANCE MOMENT OF SILENCE May the spirit of wisdom keep our hearts and minds open as we endeavor to serve the common good. 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 liketo 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 1/7, Civil Service Commission of 1/14, Community Development Advisory Commission of 1/2, Historic Preservation Commission Education Task Force of 1/3, Human Rights Commission of 12/10/12, Safe Community Advisory Committee of 1/9, Sister City RelationshipsAdvisory Commission of 1/9, Zoning Advisory Commission of 1/3, Zoning Board of Adjustment of 12/20/12, Proof of publication for City Council proceedings of 12/17/12 Suggested Disposition: Receive and File City Council Proceedings 117 CiNI Service Minutest /14 CDAC Minutes 1/2 Human Rights Minutes 12/10/12 Safe Community Minutes 1/9 Sister Cit Notes1/9 Zoning Advisory Minutes 1/3, Zoning Board of Adjustment Minutes12/20 /12 Proof - City Council Proceedings 12/17 Historic Preservation TF Minutes 1/3 2. Notice of Claims and Suits Frank Ahlbach for vehicle damage, Amelia Brimeyerfor personal injury, Richard Curie! Jr. for loss of property, Albert Hoist for personal injury, Roger Meyer for personal injury, Lisa and Chris Vogt for property damage Suggested Disposition: Receive and File; Refer to City Attorney Ahlbach Claim Brim eyer Claim Curie! Claim Hoist Claim Meyer Claim, Vogt Claim, 3. Disposition of Claims Frank Ahlbach for vehicle damage; Leroy Benson forvehicle damage; Amelia Brimeyer for personal injury, Richard Curie!, Jr. for loss of properly, Albert Hoist for personal injury, Roger M eyer for personal injury, Suggested Disposition: Receive and File; Concur .14* claims 4. Appeal of Claim by Joseph Healey Joseph Healey, 2586 Crissy Drive, submitting a Letter of Appeal regarding denial of his claim against the City from December 7, 2012 for sewer line damage. Suggested Disposition: Receive and File; Refer to City Attorney HPal LPttPr J- Pal' "" claim 17/7/12 5. Human Rights Cortrnission - F iscal Year 2012 Annual Report City Manager transmitting the Human Rights Comrnission's Fiscal Year 2012 Annual Report. Suggested Disposition: Receive and File Human Rights Commission's FY12 Annual Report-MVM Memo, Staff Memo , Human Rights Commission's FY12 Annual Report, 6. Request for Proposals - Chaplain Schmitt Island Master Plan City Manager recommending approval of the Request for Proposal and planning process for the Chaplain Schmitt Island Master Plan. Suggested Disposition: Receive and File; Approve Chaplain Schmitt Island RFP -MVM Memo, Staff Memo, RFP Part 1, RFP Part 2, RFP Part 3, 7. Public, Educational and Government (PEG) Capital Expenditure Request City Manager recommending approval of the Cable TV Commission's request for up to $50,000 from the Public, Educational, and Government (PEG) Capital Grant on behalf of the local access community to insure the on -air playback operations at our four local access origination sites. Suggested Disposition: Receive and File; Approve PEG Capital Expenditure Request -MVM Memo Staff Memo , Grant Application, 8. Workers' Compensation Settlement Agreement City Attorney recommending approval of an Agreement for Settlement regarding a Workers' Compensation claim that was filed against the City by Jim Melloy. Suggested Disposition: Receive and File; Approve Staff Memo, Agreement For Settlement, 9. Plat of Survey - Wild Rose Place No. 2 Zoning Advisory Commission recommending approval of the Plat of Survey for Wild Rose Place No. 2 as requested by VVMK Investment Properties, LLC. RESOLUTION Approving the Plat of Survey of Wild Rose Place No. 2 in Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Commission Letter Applicant Materials Staff Materials, Resolution Acceptance 10. Plat of Survey - 251 -253 W. 17th Street Zoning Advisory Commission recommending approving of the Plat of Survey for property located at 251 -253 W. 17th Street as requested by the City of Dubuque. RESOLUTION Approving the Plat of Survey of Lot 1 and Lot 1 A of Dorgan's Subdivision No. 2 in Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Commission Letter Applicant Materials Staff Materials, Resolution 11. Iowa Economic Development Authority - CDBG Contract Amendments Correspondence from the Iowa Economic Development Authority advising the City of Amendment No. 2 to CDBG contract number 008 -DRH -212 (Caradco), which extends the contract date to March 31, 2013; and transmitting an executed copy of Amendment No. 3 to CDBG contract number 08- DRIFWP -203 (Watershed Management). Suggested Disposition: Receive and File Amendment No. 2 - Caradco, Amendment No. 3 - Watershed Management, 12. QuadGraphics Correspondence from Gregg Bolt, Executive Vice President of Human Resources and Administration for QuadGraphics, informing the City of plans to restructure certain operations at its facility located at 2470 Kerper Blvd. and the positions effected. Suggested Disposition: Receive and File QuadGraphics Letter, QuadGraphics Positions Letter 13. Revitalize Iowa's Sound Economy (RISE) - Grant Application City Manager recommending approval of a resolution endorsing a Revitalize Iowa's Sound Economy (RISE) grant application for a new street to serve approximately 78 acres of new industrial property located on the former South Siegert Farm. RESOLUTION Endorsing the submission of a Revitalize Iowa's Sound Economy (RISE) Application to the Iowa Department of Transportation for the construction of a new street in Dubuque Industrial Center South Suggested Disposition: Receive and File; Adopt Resolution(s) Dubuque Industrial South RISE Application -MVM Memo, Staff Memo, Resolution, RISE Cost Estimate, RISE DIGS Grading and Utilities Map, RISE Application 14. Civil Service Commission Civil Service Commission submitting the certified list for the position of Police Corporal. Suggested Disposition: Receive and File Police Corporal List, 15. Brunskill Street Place No. 1 City Manager recommending acceptance of the public sanitary sewer improvements that the developer, McDermott Brothers Construction, has recently completed in Brunskill Street Place No. 1. RESOLUTION Accepting Public Improvements in Brunskill Street Place No. 1 Suggested Disposition: Receive and File; Adopt Resolution(s) Brunskill Street Place No. 1 Acceptance of Sanitary Sewer Improvements -MVM Memo, Staff Memo, Resolution, Vicinity Map, 16. English Ridge Subdivision City Manager recommending acceptance of the public improvements, with the exception of the stormwater detention facilities, that the developer, English Ridge, LLC has recently completed in English Ridge Subdivision. RESOLUTION Accepting public improvements in English Ridge Subdivision Suggested Disposition: Receive and File; Adopt Resolution(s) English Ridge Subdivision Acceptance of Public Improvements -MVM Memo, Staff Memo Resolution, Vicinity Map McDermott Letter, 17. Loras Estates - Sanitary Sewer and Watermain Improvements City Manager recommending acceptance of the sanitary sewer and watermain improvements that the developers, Ronald L. and Janice M. Smith, have recently completed in Loras Estates. RESOLUTION Accepting sanitary sewer and watermain improvements in Loras Estates Suggested Disposition: Receive and File; Adopt Resolution(s) Loras Estates Acceptance of Sanitary Sewer and Watermain Improvements -MVM Memo, Staff memo, Resolution, M1 , 18. Harvest View Estates - Vacate of Sanitary Sewer Easement City Manager recommending approval of a resolution acknowledging the vacation of the sanitary sewer easement in Harvest View Estates First Addition. RESOLUTION Acknowledging the vacation of a sanitary sewer easement in Lot 1 of Lot 1 of Lot 1 of the east half of the southwest quarter of Section 16, T89N, R2E of the Fifth Principal Meridian in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Harvest View Estates - Vacate Sanitary Sewer Easement -MVM Memo Staff Memo Resolution, Easement Map, Preliminary Plat, Vacate Map 1, Vacate Map 2 19. Seippel Road - Dedication of Right -of -Way City Manager recommending acceptance of a Quit Claim Deed for Seippel Road right -of -way from JLD Investments, LLC. RESOLUTION Accepting a conveyance of property Suggested Disposition: Receive and File; Adopt Resolution(s) Seippel Road Dedication of Right -of -Way - MVM Memo, Staff Memo, Resolution, Seippel Road Plat, Quit Claim Deed, Map, 20. Stipulation of Settlement - Property Tax Appeal City Attorney recommending approval of the Stipulation of Settlement for Kohl's Department Store, 2595 NW Arterial, property tax protest. Suggested Disposition: Receive and File; Approve Staff Memo, Stipulation of Settlement - 98237, Stipulation of Settlement - 99736, Notice of Voluntary Settlement - 98237, Notice of Voluntary Settlement - 99736 21. Dubuque Jaycees - Veterans' Memorial Park Lease City Manager recommending approval of a one -year agreement with the Dubuque Jaycees to operate a community garden at Veterans' Memorial Park. Suggested Disposition: Receive and File; Approve Lease with Jaycees for Community Garden -MVM Memo Staff Memo Lease with Jaycees, 22. North Fork Containment Wall Project City Manager recommending that the award for the North Fork Containment Wall Project be officially recorded in the minutes of the City Council. Suggested Disposition: Receive and File; Make Matter of Record North Fork Containment Wall Project -MVM Memo, Staff Memo, Closeout Form, 23. AmeriCorps 2013 -2014 Grant Application City Manager requesting approval to submit the 2013 -2014 AmeriCorps grant application. Suggested Disposition: Receive and File; Approve AmeriCorps 2013 -2014 Grant Approval -MVM Memo Staff Memo Staff Memo AmeriCorps Budget Narrative AmeriCorps Budget, 24. Jeld -Wen, Inc. - Co- Generation Agreement City Attorney recommending approval of a Co- Generation Agreement between the City and Jeld -Wen, Inc. Suggested Disposition: Receive and File; Approve Staff Memo Agreement 25. Alcohol Compliance Civil Penalty for Alcohol License Holders - Beecher Beverage City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Beecher Beverage, 1691 Asbury Road. Suggested Disposition: Receive and File; Approve Beecher Beverage Alcohol Compliance Settlement -MVM Memo, Staff Memo , Agreement, 26. Alcohol Compliance Civil Penalty for Alcohol License Holders - Kwik Star #495 City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Kwik Star #495, 2685 Dodge Street. Suggested Disposition: Receive and File; Approve Kwik Star #495 Alcohol Compliance Settlement -MVM Memo, Staff Memo , Agreement, 27. 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, 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. Asbury Tank Reconditioning Project City Manager recommending initiation of the bidding process for the Asbury Tank Reconditioning Project, and further recommends that a public hearing be set for February 4, 2013. RESOLUTION Preliminary approval of the specifications, form of contract, and estimated cost; setting date of public hearing on the specifications, form of contract, and estimated cost; and ordering the advertisement for bids (Asbury Tank Reconditioning Project) Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 214113 Asbury Tank Reconditioning Protect -MVM Memo, Staff Memo, Resolution, Notice of Public Hearing, Notice to Bidders, 2. Weaver Castle, LLC - Development Agreement City Manager recommending that public hearing be set for February 4, 2013, to approve a Development Agreement with Weaver Castle, LLC to redevelop property located at 407 -409 Loras Boulevard. RESOLUTION 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 Weaver Castle, LLC, and providing for the publication of notice thereof Suggested Disposition: Receive and File: Adopt Resolution(s), Public Hearing 214113 Weaver Castle, LLC Development Agreement -MVM Memo, Staff Memo Resolution, 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. (There are no applications submitted for review and this time) Appointments to the following Boards /Commission to be made at this meeting: Comm unity Development Advisory Com mission Two 3 -Year terms through February 1, 2016 (Expiring terms of Caldwell and Maloy) Applicants: Theresa M. Caldwell, 1633 Elm St. Paula Maloy, SVM, 2950 Kaufmann Ave. Safe Community Advisory Committee Nine 1 -Year terms through December 31, 2013 (Expiring terms of Allen, Bragg, Callahan, Cheatham, Daack, Ernst, Stillings, Stork, and Welch) Applicants: Anthony Allen, 1725 Delhi St. Mary Rae Bragg, 350 Kaufmann Ave. Apt 1 Ann Ernst, 899 Mt. Carmel Rd. Shaunel Evans, 925 Rhomberg Doug Stillings, 1255 Locust St. Susan Stork, 2115 Golden Eagle Dr. Christopher Welch, 164 Main St. Sister City Relationship Advisory Commission Two 3 -Year Terms through February 1, 2016 (Expiring terms of Phillips and Thurn) Applicants: Betty J. Phillips, 3047 Kane Ct. Louise Thurn, 3037 Kaufmann Ave. Boards Overview Sheet, Boards Latest Listings, Community Development Advisory Commission Applications, Safe Community Advisory Committee Applications Sister City Relationship Advisory Commission 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. Request to Rezone - 900 Seippel Road Proof of publication on notice of public hearing to consider a request by Joe and Linda Delaney / JLD Investments, LLC to rezone property located at 900 Seippel Road (Lot 2 Seippel Road Commercial Park #4) from CS Commercial Service and Wholesale District with conditions to AG Agricultural District and the Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 900 Seippel Road from CS Commercial Service and Wholesale District, with Conditions, to AG Agricultural District Suggested Disposition: Receive and File; Motion B; Motion A Commission Letter, Applicant Materials, Staff Materials, Ordinance, Proof of Publication, Suggested Motion 2. Dubuque County Regional Smart Plan Proof of publication on notice of public hearing to consider adoption of the Dubuque County Regional Smart Plan and the City Manager recommending approval. RESOLUTION Adopting Dubuque County Regional Smart Plan Suggested Disposition: Receive and File; Adopt Resolution(s) Dubuque County Regional Smart Plan -MVM Memo, Staff Memo, Resolution, Proof of Publication, 3. Rousselot, Inc. - Development Agreement Proof of Publication on notice of public hearing to consider approval of a Development Agreement with Rousselot, Inc., for a 9,000 square -foot expansion to its facility at 2350 Kerper Blvd. and the City Manager recommending approval. RESOLUTION Approving issuance of Urban Renewal Tax Increment Revenue Obligations and the execution of a Development Agreement relating thereto with Rousselot, Inc. Suggested Disposition: Receive and File; Adopt Resolution(s) Rousselot Development Agreement -MVM Memo, Staff Memo, Resolution Development Agreement Proof of Publication 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. Five Flags Center Annual Report Presentation Five Flags Center Manager Joyce White of SMG to make a presentation on the current fiscal year activities and future plans for the Five Flags Center. Suggested Disposition: Receive and File Five Flags Annual Report-MVM Memo, Staff Memo , Five Flags Annual Report by SMG, 2. Automated Vehicle Location (AVL) System Presentation Street and Sewer Maintenance Supervisor John Klostermann to give a short presentation regarding the City of Dubuque's Automatic Vehicle Location (AVL) system equipment installed in the Public Works Departments snow and ice control trucks and heavy equipment. Suggested Disposition: Receive and File Snow Plow AVL System -MVM Memo, Staff Memo , AVL Presentation, 3. Rainbo Oil Lease Agreement- 16th Street Corridor City Manager recommending utilization of the attached proceedings (1) if a competitive proposal is submitted prior to the posted deadline; or, (2) if no competitive proposal is submitted, recommends approval of the resolution accepting the proposal submitted by Rainbo Oil Co. DBA Kwik Stop C- Stores. (1 RESOLUTION with respect to compliance of proposals with terms of urban renewal offering RESOLUTION Setting date of a meeting to consider acceptance of a proposal for redevelopment of a portion of the Greater Downtown Urban Renewal District, and establishing rules for submitting amended proposals in advance thereof (2) RESOLUTION approving disposal of an interest in real property owned by the City of Dubuque by lease agreement with Rainbo Oil Co. DBA Kwik Stop C- Stores Suggested Disposition: Receive and File; Adopt Resolution(s) Lease Agreement for Portion of 16th Street Corridor -MVM Memo, Staff Memo, Resolution - 1, Resolution - 2, Rainbo Oil Lease Agreement, Resolution 349-12 Proof- 16th St. Proposals, 4. Warehouse Redevelopment - Parking Agreement Amendment City Manager recommending approval of the First Amendment to Purchase Agreement (Offer to Buy and Acceptance) between the City of Dubuque and Warehouse Redevelopment, LLC related to parking for the Caradco Project. RESOLUTION Approving the First Amendment to an agreement for the purchase of real estate In the Historic Millwork District, City of Dubuque, Iowa, commonly referred to as the Alamo Site (Foundry Building Area) from Warehouse Redevelopment, LLC Suggested Disposition: Receive and File; Approve Warehouse Redevelopment Parking Agreement Amendment -MVM Memo, Staff Memo, First Amendment to Agreement, Resolution, Offer to Buy and Acceptance, 5. Request for Proposals - Indoor Aquatic Center Study City Manager recommending approval of a Request for Proposal for an Indoor Aquatic Center Study. Suggested Disposition: Receive and File; Approve Indoor Aquatic Center Study RFP -MVM Memo Staff Memo Letter from DCSD Requesting Joint Study, Aquatic Center RFP, 6. Smarter Sustainable Dubuque Pilot Project on Smarter Discards City Manager recommending approval of a Joint Development Agreement with IBM to test a Proof of Concept related to developing an Intelligent Discard Management module as part of IBM's Smarter City suite of software services. Suggested Disposition: Receive and File; Approve Smarter Sustainable Dubuque Pilot Project on Smarter Discards Joint Development Agreement -MVM Memo, Staff Memo (Lyons), Staff Memo (Schultz), Joint Development Agreement Request For Information 7. Fiscal Year 2014 Budget Policy Guidelines City Manager recommending adoption of the Fiscal Year 2014 Budget Guidelines. Suggested Disposition: Receive and File; Approve Fiscal Year 2014 Budget Policy Guidelines - MVM Memo, Staff Memo, Fiscal Year 2014 Budget Policy Guidelines, 8. Every Child 1 Every Promise City Manager recommending setting a work session for March 4, 2013 at 5:30 p.m. regarding the progress made on Every Child / Every Promise objectives as requested by the Community Foundation of Greater Dubuque. Suggested Disposition: Receive and File; Council ECEP MVM Memo, ECEP Letter, 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.