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2 4 13 City Council Agendaroc( OFGB ,? t % c t , ',Li? e m \ �'y'nw,c$ O st •I‘t. ROLL CALL ORDER FOR MEETING OF 2142013 Braig, Buol, Connors, Jones, Lynch, Resnick, Sutton CITY OF DUBUQUE,IOWA CITY COUNCIL MEETING Historic Federal Building 350 W. fith Street February 4, 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). WORK SESSION 5:30 PM Dubuque Convention and Visitors Bureau - Annual Report CVO Presentation - Part 1 CVO Presentation -Part2 REGULAR SESSION 6:30 PM PLEDGE OF ALLEGIANCE MOMENT OF SILENCE May the spirit of wisdom keep our hearts and minds open aswe endeavor to serve the common good. 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 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 Arts and Cultural Affairs Advisory Commission of 12/11/12, City Council proceedings of 1/22, Historic Preservation Commission of 1/17, Investment Oversight Advisory Commission of 1/23, Library Board of Trustees Update of 1/24, Proof of publication for City Council proceedings of 1/7, Proof of Publication for List of Claims and Summary of Revenues for Month Ending 12/31/12 Suggested Disposition: Receive and File Arts Commission Minutes 12/11 /1 2 City Council Pmneedinns 1122 Historic Preservation Minutes 1/17 Invesmerd Oversight lkutt 1123, I ihmty Bnerd I Inflate 112k proof - City Cm moil Proceedings 117 proof -List of Claims Revenues 12131 /12 2. Notice of Claims and Suits Bird Chevrolet for vehicle damage, Mary Oldham for personal injury, Dale Wlochal for property damage, Suggested Disposition: Receive and File; Refer to City Attorney Bird Chevrolet Claim Oldham Claim Wochal 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 CommunitiesAssurance Pool Bird Chevrolet for vehicle damage, Mary Oldhamfor personal injury, Dale Wlochal for property damage, Lisa Vogt for property damage Suggested Disposition: Receive and File; Concur CAP Chime 4. Millwork District Complete Streets - Project Acceptance City Manager recommending acceptance of the construction contract for the Historic Millwork District Complete Streets Project as completed by Portzen Construction, Inc. RESOLUTION Accepting the Historic Millwork District Complete Streets Project and authorizing the payment of the contract amount to the contractor. RESOLUTION Adopting the Final Assessment Schedule for the Historic Millwork District Complete Streets Project Suggested Disposition: Receive and File; Adopt Resolution(s) Historic Millwork District Complete Streets Project -MVM Memo Staff Memo, Resolution - Accepting Project, Resolution - Schedule of Assessments, Notice to Property Owners Final Schedule of Assessments, Final Payment Form, 5. Port of Dubuque Watermain Extension Project - Acceptance City Manager recommending acceptance of the Port of Dubuque Water Main Extension Project as completed by Tschiggfrie Excavating. RESOLUTION Accepting the Port of Dubuque Water Main Extension Project and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) Port of Dubuque Water Main Extension Project -MVM Memo, Staff Memo, Resolution, Final Payment Form, 6. Bee Branch Creek Restoration Project - Property Acquisition City Manager recommending approval to purchase a property owned by Alvin Blum at 501 E. 15th Street for more than the appraised value as part of the acquisition program associated with the Bee Branch Creek Restoration Project. RESOLUTION approving the acquisition of real estate owned by Blum Properties, Inc. in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Bee Branch Creek Restoration Protect- Property Acquisition -MVM Memo Staff Memo, Resolution Exhibit A, 7. Iowa Economic Development Authority (IEDA) - Caradco Amendment City Manager recommending approval of a resolution authorizing the submittal and execution of an amendment to the Community Development Block Grant Housing Disaster Recovery Fund Contract Agreement between the Iowa Economic Development Authority and the City of Dubuque on behalf of the Caradco Building Project. RESOLUTION Approving Amendment Number 3 to the Community Development Block Grant (CDBG) Housing Disaster Recovery Fund contract between the Iowa Economic Development Authority and the City of Dubuque on behalf of the Caradco Building Project Suggested Disposition: Receive and File; Adopt Resolution(s) CDBG Amendment for Caradco -MVM Memo, Staff Memo, Caradco Resolution, 8. 911 Center /Emergency Operations Center Needs Assessment City Manager recommending approval of the selection of Wold Architects to provide the Needs Assessment for the Emergency Communications/Emergency Operations Center. Suggested Disposition: Receive and File; Approve 911 Center /Emergency Operations Center Needs Assessment -MVM Memo Staff Memo Contract Copy, Exhibit A 9. Historic Preservation Commission - White Water Creek Bridge Historic Preservation Commission recommending that the Dunleith & Dubuque (White Water Creek) Bridge nomination to the National Register of Historic Places be forwarded to the State Nominations Review Committee. Suggested Disposition: Receive and File; Approve Council letter NTHP Nomination packet 10. Federal Emergency Management Agency (FEMA) - Acceptance of Deeds and Agreements City Manager recommending approval of the purchase agreements and acceptance of the deeds for flood- damaged properties at 1711 Old Mill Road and 1654 Manson Road that were damaged in the flood of July, 2011 and further recommends that the City Attorney's Office be authorized to engage the services of Kevin Deeny to obtain Certificates of Iowa Title Guaranty for these properties. RESOLUTION Approving the acquisition of real estate owned by the Estes of Zane C. Thorpe in the City of Dubuque, Iowa RESOLUTION Approving the acquisition of real estate owned by the Estate of Ken J. Lin in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) FEMA Buyout and Acceptance of Deeds and Agreement -MVM Memo, Staff Memo, Thorpe Resolution, Lin Resolution, Agreements, Legal Correspondence 11. Federal Emergency Management Agency (FEMA) - Asbestos Survey and Monitoring City Manager recommending approval of the bid specifications for asbestos survey and monitoring for the flood- damaged structures at 1711 Old Mill Road and 1654 Manson Road. Suggested Disposition: Receive and File; Approve FEMA Buyout- Authorize bids for Asbestos Survey and Monitoring -MVM Memo Staff Memo, Bid Document 12. Federal Emergency Management Agency (FEMA) - North Catfish Creek City Manager transmitting an update of the successful North Fork of Catfish Creek Letter of Map Revision (LOMR) process for the City's flood plain maps and correspondence from the Federal Emergency Management Agency (FEMA). Suggested Disposition: Receive and File FEMA Correspondence North Catfish Creek -MVM Memo, Staff Memo, FEMA Correspondence, 13. Long Range Planning Advisory Commission - Indoor Aquatic Center Long Range Planning Commission submitting a Letter of Support for an indoor aquatic center and expressing its interest in assisting with the study and participating in the community engagement process. Suggested Disposition: Receive and File; Refer to City Manager Council letter, 14. Plat of Survey - Bee Branch Subdivision No. 10 City Manager recommending approval of the Plat of Survey for Lot 1 and Lot 2 of Bee Branch Subdivision No. 10 in order to make available area along Elm Street for the Bee Branch Creek Restoration Project. RESOLUTION Approving Plat of Survey of Lot 1 and Lot 2 of Bee Branch Subdivision No. 10 in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Bee Branch Platting -MVM Memo Staff Memo Resolution, Plat of Survey Vicinity Map, 15. Quarterly Investment Report City Manager transmitting the December 31, 2012 Quarterly Investment Report. Suggested Disposition: Receive and File Dec 31 2012 Quarterly Investment Report-MVM Memo, Staff Memo , Cash Investments and Investment Earnings Summary, Schedule of City Funds, Monthly Investment Summary, Schedule of Certificates of Deposit and Accrued Interest, 16. 2013 Federal Legislative Priorities City Manager recommending adoption of the 2013 Federal Legislative Priorities. Suggested Disposition: Receive and File; Approve 2013 Federal Legislative Priorities -MVM Memo, 2013 Federal Legislative Priorities, 17. Enterprise Zone Commission City Manager transmitting appointments to the City's Enterprise Zone Commission of Dave Baker for United Labor, Richard Van Iten for the Long Range Planning Advisory Commission and Kelley Deutmeyer for the Iowa Economic Development Authority. Suggested Disposition: Receive and File Enterprise Zone Commission Appointments -MVM Memo, Staff Memo, Dave Baker Renewal, Richard Van Iten Renewal, Kelley Deutmeyer Renewal, 18. Golf Course Technician City Manager recommending approval to create one Golf Course Technician position and eliminate one vacant Maintenanceworker position in the Leisure Services Department. Suggested Disposition: Receive and File; Approve Golf Course Technician Position -MVM Memo, Personnel Memo, Leisure Services Memo, 19. Dubuque Convention and Visitors Bureau Advisory Board Dubuque Convention and Visitors Bureau Advisory Board submitting meeting minutes of January 16, 2013 as required by their Purchase of Service Agreement. Suggested Disposition: Receive and File CVB Advisory Board Minutes 1/16 20. Mayors for Peace Communication from Mayor Matsui Kazumi of Hiroshima, Japan, transmitting the City's Certification of Membership in Mayors for Peace and poster exhibition. Suggested Disposition: Receive and File; Approve Mayors for Peace - Certification of Membership, 21. Improvement Contracts I Performance, Payment and Maintenance Bonds Murphy Construction Group, LLC for the ARC Transfer Center Canopy Project 2012 Phase 1 Suggested Disposition: Receive and File; Approve Murphy- Contract and Bond 22. Alcohol Compliance Civil Penalty for Alcohol License Holders - Casey's General Store #2420 City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Casey's General Store #2420 at 2699 Rockdale Road. Suggested Disposition: Receive and File; Approve Casey's General Store #2420 Alcohol Compliance Agreement -MVM Memo, Staff Memo , Settlement Agreement, 23. Alcohol Compliance Civil Penalty for Alcohol License Holders - Casey's General Store #2421 City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Casey's General Store #2421 at 4003 Peru Road. Suggested Disposition: Receive and File; Approve Casey's General Store #2421 Alcohol Compliance Agreement -MVM Memo, Staff Memo , Settlement Agreement 24. Alcohol Compliance Civil Penalty for Alcohol License Holders - Exxtreme Pub City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Exxtreme Pub at 1701 Central Avenue. Suggested Disposition: Receive and File; Approve Exxtreme Pub Alcohol Compliance Agreement -MVM Memo, Staff Memo , Settlement Agreement, 25. Alcohol Compliance Civil Penalty for Alcohol License Holders - Los Aztecas Mexican Restaurant City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Los Aztecas Mexican Restaurant, 2700 Dodge Street. Suggested Disposition: Receive and File; Approve Los Aztecas Alcohol Compliance Agreement -MVM Memo, Staff Memo , Settlement Agreement 26. Alcohol Compliance Civil Penalty for Alcohol License Holders - Plaza 20 BPIAmoco City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Plaza 20 BP /Amoco at 2600 Dodge Street. Suggested Disposition: Receive and File; Approve Plaza 20 BP /Amoco Alcohol Compliance Agreement -MVM Memo, Staff Memo , Settlement Agreement 27. Tobacco Compliance - Civil Penalty for Tobacco License Holders - Plaza 20 BPIAmoco City Manager recommending approval of the Acknowledgement /Settlement Agreement for a tobacco compliance violation for Plaza 20 BP /Amoco at 2600 Dodge Street. Suggested Disposition: Receive and File; Approve Plaza 20 BP /Amoco Tobacco Compliance Agreement -MVM Memo, Staff Memo , Settlement Agreement, 28. Alcohol Compliance Civil Penalty for Alcohol License Holders - Steve's Ace Home & Garden City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Steve's Ace Home & Garden at 3350 JFK Road. Suggested Disposition: Receive and File; Approve Settlement Agreement Steve's Ace Home & Garden -MVM Memo Staff Memo Settlement Agreement, 29. Tobacco Compliance - Civil Penalty for Tobacco License Holders - Casey's General Store #2421 City Manager recommending approval of the Acknowledgement /Settlement Agreement for a tobacco compliance violation for Casey's General Store #2421 at 4003 Peru Road. Suggested Disposition: Receive and File; Approve Casey's General Store #2421 Tobacco Compliance Agreement -MVM Memo, Staff Memo , Settlement Agreement, 30. Tobacco Compliance - Civil Penalty for Tobacco License Holders - Casey's General Store #2420 City Manager recommending approval of the Acknowledgement /Settlement Agreement for a tobacco compliance violation for Casey's General Store #2420 at 2699 Rockdale Road. Suggested Disposition: Receive and File; Approve Casey's General Store #2420 Tobacco Compliance Agreement -MVM Memo, Staff Memo , Settlement Agreement, 31. Alcohol and Tobacco License Applications City Manager recommending approval of annual liquor, beer, wine and tobacco 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 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, Staff Memo, Liquor License 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. Sale of Property - 2290 Washington Street City Manager recommending that a public hearing be set for February 18, 2013 for the purpose of disposing of City -owned real property located at 2290 Washington Street to Katherine Toskey. RESOLUTION of Intention to dispose of City -owned property, Lot 1 Bee Branch Sub. No. 3 in the City of Dubuque, Iowa, according to the recorded plat thereof - 2290 Washington Street. Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 2/18/13 Sale of Property at 2290 Washington Street -MVM Memo, Staff Memo Resolution, 2. Sale of Property - 2320 Washington Street City Manager recommending approval that a public hearing be set for February 18, 2013 for the purpose of disposing of City -owned real property located at 2320 Washington Street to Samantha and Nolan Hein. RESOLUTION of Intention to dispose of City -owned property specifically, lot 1 Bee Branch No. 6 in the City of Dubuque, County of Dubuque, Iowa, according to the recorded plat thereof, 2320 Washington Street Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 2118113 Sale of City owned property at 2320 Washington Street -MVM Memo, Staff Memo Resolution 3. City Hall Envelope Restoration (Tuckpointing) Project City Manager recommending initiation of the bidding process for the City Hall Envelope Restoration (Tuckpointing) Project, and further recommends that a public hearing be set for February 18, 2013. 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 (City Hall Envelope Restoration Project) Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 2118113 City Hall Envelope Restoration Proiect -MVM Memo Staff Memo Resolution, Notice to Bidders Proiect Specifications Pro ect Site Plan North Elevation, South Elevation, West Elevations, 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. Asbury Tank Reconditioning Project Proof of publication on notice of public hearing to consider the approval of the plans, specifications, form of contract and the estimated cost for the Asbury Tank Reconditioning Project and the City Manager recommending approval. RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the Asbury Tank Reconditioning Project Suggested Disposition: Receive and File; Adopt Resolution(s) Asbury Tank Reconditioning Proiect -MVM Memo Staff Memo Resolution, Proof of Publication 2. Weaver Castle LLC - Development Agreement Proof of publication on notice of public hearing to consider approval a Development Agreement with Weaver Castle, LLC to redevelop property located at 407 -409 Loras 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 Weaver Castle, LLC Suggested Disposition: Receive and File; Adopt Resolution(s) Weaver Castle LLC Development Agreement -MVM Memo, Staff Memo, Resolution, Weaver Castle 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. 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 Proiect Hope Letter Presentation, 2. Dubuque Works 2012 Annual Report Sarah Harris, Vice President of Workforce Solutions for Greater Development Corporation, to provide a presentation on the Dubuque Works 2012 Annual Report. Suggested Disposition: Receive and File Dubuque Works 2012 Annual Report , 3. Smarter Sustainable Dubuque Pilot Project on Smarter Discards - Follow Up City Manager recommending that the City enter into contracts to make purchases from vendors to provide Radio Frequency Identification (RFID) technology, data collection software, and engagement and project management assistance in order to undertake the Smarter Discard Management Proof of Concept. Suggested Disposition: Receive and File; Approve Smarter Sustainable Dubuque Pilot Project on Smarter Discards -MVM Memo, Staff Memo, Smarter Discard Request For Information, January 22, 2013 Meeting Information, 4. City Council Salary Compensation Review City Clerk submitting information for beginning the process of reviewing City Council salary compensation. Suggested Disposition: Receive and File; Council Staff Memo Salary History, ILC City Salary Survey City Committees, City Code Excerpt City Council Appointments 5. Dubuque County Emergency Management Agency City Manager transmitting the meeting agenda and supporting documentation for the Dubuque County Emergency Management Agency's budget meeting on Wednesday, February 6 at 7:15 p.m., which requests that the Mayor or Council representative attend. Suggested Disposition: Receive and File; Council Dubuque Co. EMA Budget Agenda 2/6/13, 6. Fiscal Year 2014 Budget Recommendation City Manager submitting the Fiscal Year 2014 Budget Recommendation. Suggested Disposition: Receive and File City Manager's Transmittal Message 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.