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3 4 13 City Council AgendaCITY OF DUBUQUE,IOWA CITY COUNCIL MEETING Historic Federal Building 350 W. 6th Street March 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). WORN SESSION 5:30 PM - Every Child /Every Promise Eric Dregne, Vice President of Programsforthe Community Foundation of Greater Dubuque, to conduct a work session on Every Child 1 Every Promise. E CEP Presentation REGULAR SESSION 6:30 PM PLEDGE OF ALLEGIANCE PROCLAMATION(S) 1. Mason's Child Identification Day (March 9, 2013) lulaSnn'S ID Dav Prnriamatinq. 2. IPOST Month (Mach 2013) (POST 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 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 2/18, 2/21, 2/25, 2/26, and 2/27; Civil Service Commission of 2/13; Historic Preservation Commission of 2120, Human Rights Commission of 1/14, Long Range Planning Advisory Commission of 2/20; Proof of Publication for City Council Proceedings of 2/4 and 2/5; Proof of Publication for List of Claims and Summary of Revenuesfor Month Ending 1/31/13 Suggested Disposition: Receive and File City Council Proceedings 2 /18 City Council Proceedings 2/21 City Council Proceedings 2/25 City Council Proceedings 2/26 City Council Proceedings 2/27 Civil Service Minutes 2 /13 Historic Preservaton Minutes 2/21 Human Rights Minutes 1 /14 Lona Range Planning Minutes 2/20 Proof - City Council Proceedings 2/4 Proof - City Council Proceedings 2/5 Proof -List of ClaimsRevenues 1/31/13 2. Notice of Claims and Suits Bobbie Bisdorf -Jost for vehicle damage Suggested Disposition: Receive and File; Refer to City Attorney Bisdorf -Jost 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 Bobbie Bisdorf -Jost for vehicle damage. Suggested Disposition: Receive and File; Concur ICAP Claims, 4. Sustainable Dubuque Project Status Update City Manager transmitting the Sustainable Dubuque Project Status Update for January 2013. Suggested Disposition: Receive and File January Sustainable Dubuque Project Status Update -MVM Memo, Staff Memo, January Report, 5. 5 Points Traffic Reconstruction - Project Acceptance City Manager recommending acceptance of the construction contract for the 5 Points Traffic Signal Reconstruction Project, as completed by Porten Construction. RESOLUTION Accepting the 5 Points Traffic Signal Reconstruction Project and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 5 Points Traffic Signal Reconstruction Prolect -MVM Memo, Staff Memo, Resolution Final Payment Form, 6. Manson Road Emergency Watermain and Bridge Repair- Project Acceptance City Manager recommending acceptance of the construction contract for the Manson Road Bridge and Watermain Emergency Repair Project, as completed by Taylor Construction, RESOLUTION Accepting the Manson Road Bridge and Water Main Emergency Repair Project and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) Manson Road Bridge and Watermain Emergency Repair -MVM Memo Staff Memo Resolutions Certification of Completion Final Payment Fomi 7. US 151161 Capacity Improvements - Project Acceptance City Manager recommending acceptance of the construction contract for the US 151 -61 Capacity Improvements Project, as completed by Tschiggfrie Excavating. RESOLUTION Accepting the US 151 -61 Capacity Improvements Project, Iowa DOT Project No. STP -A- 061 - 8(128)22 -31 and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) US 151 -61 Capacity Improvements Protect -MVM Memo, Staff Memo, Resolution, Final Payment Form, 8. Washington Street Parking Lot- Project Acceptance City Manager recommending acceptance of the construction contract for the Washington Street Parking McDermott Excavating, Inc., RESOLUTION Accepting the Washington Street Parking Lot Project and authorizing the payment of the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) Washington Street Parking Lot Project -MVM Memo Staff Memo Resolution, Final Payment Form Lot Project, as completed by contract amount to the 9. Tschiggfrie Excavating Company Claim Correspondence from O'Connor & Thomas Law Firm on behalf of Tschiggfrie Excavating Company objecting to release of retained funds for materials and labor related to the Water & Pollution Control Plant Modifications Project. Suggested Disposition: Receive and File; Refer to City Manager O'Connor & Thomas Letter 10. The Jule - Consolidated Funding Authorizing Resolution City Manager recommending approval and signature on the Authorizing Resolution for The Jule's FY 2014 Consolidated Funding. Suggested Disposition: Receive and File; Approve Jule Consolidated Funding Application for FY14 -MVM Memo, Staff Memo, Authorizing Resolution, 11. Collective Bargaining Agreement Amendment - Teamsters Local No. 120 City Manager recommending approval of an amendment to the Collective Bargaining Agreement with the Teamsters Union to provide for a work week that consists of ten hours per day and four days per week effective April 22, 2013 through September 27, 2013 for the Maintenanceworker, Airfield Maintenanceworkers and Mechanic assigned to the Airport. Suggested Disposition: Receive and File; Approve Amendment to Collective Bargaining Agreement with Teamsters -MVM Memo, Staff Memo and Agreement 12. Request for Proposals - Catfish Creek Watershed Management Plan City Manager recommending approval of the Request for Proposals (RFP) for consulting services to prepare the Catfish Creek Watershed Management Plan. Suggested Disposition: Receive and File; Approve Catfish Creek Watershed Management Plan RFP -MVM Memo Staff Memo RFP, 13. Purchase of Property - 735 Caledona Place City Manager requesting authorization to sign the Offer to Buy Real Estate and Acceptance Agreement for 735 Caledonia Place. Suggested Disposition: Receive and File; Approve Authorize Signature on Offer to Buy Real Estate 735 Caledonia Place -MVM Memo, Staff Memo , Acceptance, Past History, 14. Consent Decree Semi - Annual Report City Manager recommending approval to certify the March 31st Semi Annual Consent Decree Report to be submitted to the U.S. Department of Justice, U.S. EPA and the Iowa Department of Natural Resources. Suggested Disposition: Receive and File; Approve Consent Decree Semi Annual Report-MVM Memo, Consent Decree Semi Annual Report - Staff Memo, Consent Decree Semi Annual Report March 31, 2013 15. Certified Local Government (CLG) - 2012 Annual Report City Manager transmitting the 2012 Certified Local Government (CLG) Annual Report. Suggested Disposition: Receive and File 2012 CLG Annual Report-MVM Memo, Staff Memo, CLG Report 16. Civil Service Commission Civil Service Commission submitting the certified lists for the positions of Purchasing Coordinator and Traffic Engineer. Suggested Disposition: Receive and File; Make Matter of Record Purchasing Coordinator List, Traffic Engineer List, 17. Actuarial Valuation of Post Employment Benefit Plans City Manager recommending that the SilverStone Group be selected to conduct the GASB -45 actuarial valuation for 2013. Suggested Disposition: Receive and File; Approve Actuarial Valuation of Post Employment Benefit Plans -MVM Memo Staff Memo Agreement, 18. IDOT Local Road Detour Agreement - 30 -Inch Force Main Project City Manager recommending authorization for the Mayor to execute an agreement with the Iowa Department of Transportation for the use of local roads as an authorized detour route for the Phase I - 30 -inch Force Main Relocation Project form 7th to 12th Streets. RESOLUTION Approving the Iowa Department of Transportation Agreement For Use Of local agency roads as detours for Phase I - 30 Inch Force Main Relocation Project from 7th To 12th Streets Suggested Disposition: Receive and File; Adopt Resolution(s) 30 inch Force Main Project -Local Road Detour Agreement -MVM Memo, Staff Memo, Resolution Agreement, Descriptions Maps, 19. Healthy Homes and Lead -Based Hazard Control - Quarterly Progress Reports Correspondence from the U.S. Department of Housing and Urban Development (HUD) informing the City that its Healthy Homes Demonstration Work Plan has achieved an overall performance rating of 100 out of 100 and has received a Green Designation and that the Lead -Based Hazard Control Grant Work Plan has achieved an overall performance rating of 100 out of 100. Suggested Disposition: Receive and File HUD Correspondence, 20. Sisters of St. Francis Correspondence from the Sister of St. Francis thanking the City of Dubuque for its support of Mayors for Peace and nuclear weapons abolition by 2020. Suggested Disposition: Receive and File Sisters of St. Francis Letter, 21. Alcohol Compliance Civil Penalty for Alcohol License Holders - Clark Gas Station City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Clark Gas Station, 700 Rhomberg Avenue. Suggested Disposition: Receive and File; Approve Clark Alcohol Settlement Acireement-MVM Memo, Staff Memo Agreement Copy, 22. Tobacco Compliance - Civil Penalty for Tobacco License Holders - Clark Petroleum City Manager recommending approval of the Acknowledgement /Settlement Agreement for a tobacco compliance violation for Clark Petroleum, 700 Rhomberg Avenue. Suggested Disposition: Receive and File; Approve Clark Tobacco Settlement Agreement -MVM Memo, Staff Memo , Agreement Copy, 23. Alcohol Compliance Civil Penalty for Alcohol License Holders - Dubuque Quick Stop Mart City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Dubuque Quick Stop Mart, 1401 Central Avenue. Suggested Disposition: Receive and File; Approve Dubuque Quick Stop Mart Alcohol Settlement Agreement -MVM Memo Staff Memo Agreement Copy, 24. Tobacco Compliance - Civil Penalty for Tobacco License Holders - Dubuque Quick Stop Mart City Manager recommending approval of the Acknowledgement /Settlement Agreement for a tobacco compliance violation for Dubuque Quick Stop Mart, 1401 Central Avenue. Suggested Disposition: Receive and File; Approve Dubuque Quick Stop Mart Tobacco Settlement Agreement -MVM Memo Staff Memo Agreement Copy, 25. Alcohol Compliance Civil Penalty for Alcohol License Holders - Eagles Club City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for the Eagles Club, 1175 Century Drive. Suggested Disposition: Receive and File; Approve Eagles Club Alcohol Settlement Agreement -MVM Memo, Staff Memo , Agreement, 26. 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, Police Memo, Liquor 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. Petition to Vacate - Portion of University Avenue Extension City Manager recommending that a public hearing be set for March 18, 2013 to consider a request from Douglas Dolter, Dubuque Mattress, Inc., to vacate a portion of University Avenue Extension adjacent to Iowa Auto Glass at 2796 University Avenue. RESOLUTION of Intent to vacate and dispose of City interest in Lot 2A University Avenue Extension Place in the City of Dubuque, Iowa RESOLUTION Approving a Plat of the proposed vacating of a portion of University Avenue Extension Right -of -Way Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 3118113 Dubuque Mattress Inc Petition to Vacate University Avenue Extension -MVM Memo, Staff Memo, Resolution Vacate and Dispose, Resolution Approving Plat Plat of Survey, Vicinity Map, Dubuque Mattress Letter, 2. Petition to Vacate - Sanitary Sewer Easement at University Extension Place City Manager recommending that a public hearing be set for March 18, 2013 to consider a request by Douglas Dolter of Dubuque Mattress, Inc. to consider the vacation of a sanitary sewer easement in Lot 2 University Extension Place. RESOLUTION of Intent to dispose of city interest and vacate a Sanitary Sewer Easement over Lot 2 University Extension Place in the City of Dubuque, Dubuque County, Iowa RESOLUTION Disposing of City Interest in a Sanitary Sewer Easement in Lot 2 University Extension Place in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 3118/13 University Extension Place- Vacate a Sanitary Sewer Easement -MVM Memo, Staff Memo, Vacate Resolution, Disposing of Easement Resolution, Release of Easement, Plat of Survey Vicinity Map Dubuque Mattress Letter, 3. SEP Green Alley Permeable Pavers Project - Loras Boulevard and Arlington Streets from Prairie Street to Dell Street City Manager recommending initiation of the public bidding procedure for the SEP Green Alley Permeable Pavers Project between Loras Boulevard and Arlington Streets from Prairie Street to Dell Street, and further recommends that a public hearing be set for March 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 SEP Green Alley Permeable Paver Project (Between Loras Boulevard and Arlington Streets from Prairie Street to Dell Street.) Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 3/18113 Initiate SEP Green Alley Protect -MVM Memo, Staff Memo, Resolutions, Notice to Bidders, 4. 30 -Inch Force Main Project Phase I (7th - 12th Streets) City Manager recommending initiation of the bidding process for Phase I of the 30 -Inch Force Main Relocation Project from 7th Street to 12th Street, and the water main on Elm Street from 9th to 11th, and further recommends that a public hearing be set for March 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 (Phase I of the 30 Inch Force Main Relocation Project From 7th Street to 12th Street) Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 3118113 Initiate Phase 130 -Inch Force Main Proiect 7th -12th Streets -MVM Memo Phase 130 inch Force Main Relocation Project - Signed Staff Memo, Resolution, Notice to Bidders 5. Wilmac Property Company - Linseed Oil Paintworks Building City Manager recommending that a public hearing be set a for March 18, 2013 to consider entering into a Development Agreement for the property located at 151 East 9th Street (Corner of 9th and Jackson). 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 Wilmac Property Company, and providing for the publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 3/18113 Wilmac Property Development Agreement -MVM Memo, Set Public Hearing for Wilmac Property Company, Wlmac Property Company Resolution, Wlmac 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. (No new applications have been submitted at this time.) Appointments to be made at this meeting: Mechanical Code Board Two 3 -Year terms through March 16, 2016 (Expiring terms of Billmeyer and Papin) Applicants: Ronald Billmeyer, 2375 Theda Dr. Paul Papin, 2955 Jackson St. Boards Overview Sheet Boards Latest Listings Boards Vacancies Mechanical Code Board 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. Petition to Vacate - Portion of Old Highway Road Proof of publication on notice of public hearing to consider disposal of a portion of Old Highway Road at the intersection of Radford Road for the National Guard Readiness Center and the City Manager recommending approval. RESOLUTION Disposing Of City Interest In Lot 2 -1 -A Of The SE 1/4 - SW 1/4 Section 29, T89N, R2E, 5th P.M. in the City of Dubuque, Dubuque County, Iowa RESOLUTION Vacating a portion of Old Highway Road near Radford Road in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Public Hearing to Vacate Portion of Old Highway Road -MVM Memo, Staff Memo, Disposing Resolution, Vacating Resolution, Plat of Survey, Vicinity Map 2/18/13 Meeting Materials 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. Greater Dubuque Development Corporation - Quarterly Update President and CEO Rick Dickinson to present the quarterly update on the activities of the Greater Dubuque Development Corporation. Suggested Disposition: Receive and File 2. Park & Recreation Commission - Pets in Parks Recommendation Park & Recreation Commission submitting its recommendations regarding pets in city parks and on trails. ORDINANCE Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 5 Parks and Recreation By Adding Definitions Relating to Animals; Restricting Horsedrawn Vehicles; Permitting Dogs, Cats, and Domesticated Animals in Certain Parks, Open Spaces, and Trails Subject to Conditions; Establishing Leash and Waste Clean -Up Requirements; Prohibiting Animals Running At -Large Within Parks, Open Spaces, or Trails; Permitting the Exercising of Dogs off Leash in Certain Areas; and Revising Park, Open Spaces and Trail Descriptions Suggested Disposition: Receive and File; Motion B; Motion A Staff Memo , Pets in Parks- Background Info on Issue, Pets in Parks - Commission Minutes, Pets in Parks - Proposed Ordinance, Pets In Parks - Current Ordinance, Pets in Parks - Petition to Change Ordinance, Pets in Parks - Correspondence for change Pets in Parks - Petition Against Changing Ordinance, Pets in Parks - Correspondence Against Change, 3. Code of Ordinances - Pawn /Secondhand Dealers & Junk/Salvage Operators Amendment City Manager recommending adoption of the revised ordinance regarding Pawn /Secondhand Dealers and Junk/Salvage Operators. Police Chief Mark Dalsing and Assistant City Attorney Crenna Brumwell to provide a brief presentation. ORDINANCE Amending City of Dubuque Code of Ordinances Title 4 Business and License Regulations by repealing Chapter 6 Junk and Secondhand Dealers and adopting a new Chapter 6 Pawnbrokers and Secondhand Dealers; Junk and Autosalvage Dealers in lieu thereof Suggested Disposition: Receive and File; Motion B; Motion A Pawn /Secondhand Dealers & Junk /Salvage Operators -MVM Memo, Staff Memo, Ordinance, Suggested Motion, 4. Parking Lot Request -156 Main Street City Manager recommending approval of a request from Platinum Supplemental Insurance, Inc. to construct a new surface off- street parking lot at 156 Main Street in the Old Main Historic District. Suggested Disposition: Receive and File; Approve Parking Lot at 156 Main Street -MVM Memo Staff Memo Applicant Materials Staff Materials, 5. Code of Ordinances - Electric Transmission Line Company Licensing City Manager recommending approval of an Electric Transmission Line Company Licensing Ordinance. ORDINANCE Establishing the procedure for licensing electric transmission line companies Suggested Disposition: Receive and File; Motion B; Motion A Electric Transmission Line Company Licensing -MVM Memo, Staff Memo, Ordinance, Suggested Motion 6. Code or Ordinances - Solicitor's License City Manager recommending adoption of a new Title 4, Chapter 5, Solicitor's License, that combines the existing Title 4, Chapter 5, Door to Door Sales and Title 4, Chapter 9, Peddlers and Transient Merchants. ORDINANCE Amending City of Dubuque Code of Ordinances Title 4 Business and License Regulations by repealing Chapter 5 Door to Door Sales and Chapter 9 Peddlers and Transient Merchants and adopting a new Chapter 5 Solicitor's License in lieu thereof Suggested Disposition: Receive and File; Motion B; Motion A Solicitor's License -MVM Memo, Staff Memo, Ordinance, 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.