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9 16 13 City Council AgendaROLL CALL ORDER FOR MEETING OF 9/16/2013 Brag, Buol, Connors, Jones, Lynch, Resnick, Sutton CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING Historic Federal Building 350 W. 6th Street September 16, 2013 Council meetings are video streamed live and archived at www.cityofdub um' e.orglrnedia and on Dubuque's CityChannel on the Mediacom cable system at Channel8 (analog) and 85.2 (digital). WORK SESSION 5:00 PM Tour of the Water & Resource Recovery Center 795 Julien Dubuque Drive REGULAR SESSION 6:30 PM PLEDGE OF ALLEGIANCE PROCLAMATION (S) 1. Constitution Week (September 17 -23, 2013) Constitution Week Proclamation 2. Day of Peace and Ceasefire Days (September 20 -21, 2013) Days of P eace and Ceasefire Prodamation 3. Crop Walk Day (October 6, 2013) Crop Walk Day Prodamation 4. United States Marine Corps League Month (October 2013) US Marine Corps League Proclamation 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 you would like to discuss one of the Consent Items, please go to the microphone and be recognized by the Mayor and state the item you would like removed from the Consent Agenda for separate discussion and consideration. 1. Minutes and ReportsSubmitted Arts and Cultural Affairs Advisory Commission of 7123; City Council proceedings of 913; Civil Service Commission of 9/11; Community Development Advisory Commission of 914; Housing Trust Fund Committee of 9/6; Park and Recreation Advisory Commission of 8113; Safe Community Advisory Committee of 811 4; Sister City Relationships Advisory Commission of 811 and 811 3; Zoning Advisory Commission of 914; Proof of Publication of City Council proceedings for 8119, 9120, 9/21; Proof of Publication for List of Claims and Summary of Revenues for Month Ended 7131 Suggested Disposition: Receive and File City Council Proceedings of 913 Arts Commission of 7/23 Civil Service Commission of 9/11 CDAC of 914 Housina Trust Fund of 9/6 Park and Recreation of 8/13 Safe Community Advisory Committee of 8/14 Sister City Commission of 8/1 Sister City Commission of 8/13 Zoning Advisory Commission of 9/4 Proof - City Coundl Proceedings 8/19 P roof - City Council P roceedinas 8120 Proof - City Coundl Proceedings 8i21 Proof -List of Claims/Summary of Revenues of 7131 2. Notice of Claims and Suits Teresa Molland for vehicle damage and Rebecca Lynn Norton for vehicle damage. Suggested Disposition: Receive and File; Refer to City Attune; Pg. 1 Molland Claim Norton 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: Teresa Molland for vehicle damage; Rebecca Lynn Norton for vehicle damage Suggested Disposition: Receive and File; Concur ICAP Claims 4. Appeal of Claim - Shirley Wiegand Communication from Lisa Lepsche appealing the denial of a claim for property damage on behalf of her mother, Shirley Wiegand. Suggested Disposition: Receive and File; Refer to City Attorney Wieaand Claim 5. Consolidated Annual Performance and Evaluation Report (CAPER) Fiscal Year 2013 City Manager recommending approval of the submission of the Consolidated Annual Performance and Evaluation Report (CAPER) to the U.S. Department of Housing and Urban Development for the period July 1, 2012, through June 30, 2013. RESOLUTION Authorizing the submission of a Consolidated Annual Performance and Evaluation Report (CAPER) for the period commencing July 1, 2012 and concluding June 30, 2013 Suggested Disposition: Receive and File; Adopt Resolution(s) FY13 CAPER -MVM Memo Staff Memo Resolution FY13 Caper Draft 6. Street Financing Report for Fiscal Year 2013 City Manager recommending approval of the City of Dubuque's Fiscal Year 2013 City Street Financing Report. RESOLUTION Approving the City of Dubuque Fiscal Year 1013 City Street Financing Report Suggested Disposition: Receive and File; Adopt Resolution(s) FY2013 Street Financing Report -MVM Memo Staff Memo City Street Financial Report Resolution 7. Iowa Finance Authority - Housing Trust Fund Application City Manager recommending approval to submit an Iowa Finance Authority Housing Trust Fund application for continued support of homeownership activities in the Washington Neighborhood and authorizing commitment of the matching funds. RESOLUTION Approving commitment of matching funds for an application to the Iowa finance Authority (IFA) for State Housing Trust Funds Suggested Disposition: Receive and File; Adopt Resolution(s) Washington Neighborhood Housing Trust Fund Application -MVM Memo Staff Memo Resolution 8. Wynstone Subdivision City Manager recommending acceptance of the public improvements that the developer, Streelegray, Inc., has recently completed in Wynstone Subdivision. RESOLUTION Accepting public improvements in the Wynstone Subdivision in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Acceptance of Public Improvements in Wynstone Subdivision -MVM Memo Staff Memo Resolution Vicinity Map 9. Preliminary Plat - Katra Subdivision Zoning Advisory Commission recommending approval of the Preliminary Plat for the Katra Subdivision west of 17387 Humke Road subject to waiving the lot frontage for Lot 5 and allowing a 22 -foot wide private street. Suggested Disposition: Receive and File; Approve Commission Letter Applicant Materials Staff Materials 10. Hillcrest Family Services - Agreement for Murphy Park City Manager recommending approval of an agreement with Hillcrest Family Services for use of Murphy Park from October 30, 2013 through January 10, 2014 to set up a holiday light display. Suggested Disposition: Receive and File; Approve Pg. 2 Agreement with Hillcrest Family Services to use Murphy Park -MVM Memo Staff Memo Staff Memo 11. Brownfields Assessment Grant Administration -Award of Contract City Manager recommending approval of the selection of East Central Intergovernmental Association for project management and grant administration for the 2013 EPA Brownfields Assessment grant. RESOLUTION Authorizing contract approval to East Central Intergovernmental Association for grant administration for the 2013 Environmental Protection Agency Brownfields Assessment Cooperative Agreement Suggested Disposition: Receive and File; Adopt Resolution(s) Award of Brownfields Grant Administration ECIA Contract -MVM Memo Memo Resolution Contract 12. Sustainable Dubuque Monthly Project Status Report City Manager transmitting the Sustainable Dubuque Monthly Project Status Report for August 2013. Suggested Disposition: Receive and File August Sustainable Dubuque Proiect Status Update -MVM Memo Staff Memo Auaust Report 13. Request for Proposal - Managing Underwriter Services City Manager recommending approval of the Request for Proposal (RFP) for managing underwriting services. Suggested Disposition: Receive and File; Approve Managing Underwriter Services Request for Proposal - MVM Memo Staff Memo, Iowa Code Chapter 418, 14. Signed Contracts Helms and Associates Supplementary Service Agreement for the Purina Drive Barge Docking Facility Repair Project Suggested Disposition: Receive and File Helms and Associates Contract 15. Business License Refunds Liquor license refund requests by Carolyn Fonck for the Channel Inn, 2010% Kerper Blvd.; and Lori Metcalf for the Cedar Cross Amoco, 1200 Cedar Cross Rd. Suggested Disposition: Receive and File; Approve Channel Inn Refund Request Cedar Cross Amoco Refund Request 16. Alcohol License Applications City Manager recommending approval of 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 Wne Licenses and Permits Suggested Disposition: Receive and File; Adopt Resolution(s) Alcohol License Applications -MVM Memo Staff Memo Resolution BOARDS /COMMISSIONS Review of applications to the following 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. Airport Commission Two 4-year terms through September 14, 2017 (Expiring terms of Brotherton and Santillo) Applicants: R.J. Blocker, 880 Kane St. Douglas Brotherton, 2823 Hickory Hill Chris Even, 120 S. Grandview Ave. Dan Nicholson, 889 Walker St. G. Scott Yaunches, 2670 Marywood Dr. This commission is subject to the State of Iowa Gender Balance Law. 5 Commissioners total, currently 4 males /1 female Environmental Stewardship Advisory Commission Three 3 -year terms through October 1, 2016 (Expiring terms of Buelow, Oberdoerster, and Sinha) Applicants: Michael Buelow, 2131 Graham Circle Pg. 3 Chad Oberdoerster, 420 Summit St. Aditi Sinha, 900 South Grandview Ave . One 3 -year youth term through June 1, 2016 (vacant term of Miller) Youth Applicant: Kyle Leytem. 1235 Valentine Dr. Appointments to the following commissions to be made at this meeting: Community Development Advisory Commission One 3 -year term through February 15, 2015 (Vacant term of Rathje) Applicant Angela Kelley, 205 Bluff St. Apt 2E Zoning Advisory Commission One 3- yearterm through July 1, 2016 (Expired term of Bird) Applicant: Michael Belmont, 222 Dillion St. This commission is subject to the State of Iowa Gender Balance Law. 7 Commissioners total; currently 5 malesfl female Boards Overview Sheet Latest Listings Airport commission Applications Community Development Advisory Commission Application Environmental Stewardship Advisory Commission Applications Zoning Advisory Commission Application Gender Balance Law 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 1. Request to Rezone - 1072 Locust Street Proof of publication on notice of public hearing to consider a request by Leslie Shalabi and Mike Muench to rezone property located at 1072 Locust St. from OR Office Residential to C-4 Downtown Commercial District and the Zoning Advisory Commission recommending approval with conditions. ORDINANCE An ordinance amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 1072 Locust Street from OR Office Residential District to C-4 Downtown Commercial District with conditions Suggested Disposition: Receive and File; Motion B; Motion A Commission Letter Applicant Materials Staff Materials Ordinance Citizen Input Proof of Publication Suggested Motion 2. Catfish Station Electrical Repairs FEMA Proof of publication on notice of public hearing to consider approval of the plans, specifications, form of contract, and estimated cost for the Catfish Station Electrical Repairs and the City Manager recommending approval. RESOLUTION Approving the plans, specifications, form of contract, and estimated cost for the Catfish Station Electrical Repairs FEMA Suggested Disposition: Receive and File; Adopt Resolution(s) Catfish Creek Electrical Repairs FEMA -MVM Memo Catfish Electrical FEMA3 Resolution Plans and Specifications, 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. Alignment of the Bee Branch Creek Restoration Project City Manager recommending a change to the alignment of the Bee Branch Creek Restoration Project where it crosses the railroad property at 506 Garfield Avenue. There will be a video presentation related to this item. RESOLUTION Adjusting the alignment of the Bee Branch Creek Restoration Project. Suggested Disposition: Receive and File; Adopt Resolution(s) Pg. 4 Alignment of the Bee Branch Creek Restoration Proiect -MVM Memo Staff Memo Resolution Attachment A 2. Bee Branch Creek Restoration Project - Acquisition of 422 and 430 Garfield Avenue City Manager recommending approval to establish the fair market value and acquisition proceedings for properties located at 422 and 430 Garfield Avenue related to the Bee Branch Creek Restoration Project. RESOLUTION Establishing the fair market value of certain real property for the Bee Branch Creek Restoration Project, directing good faith negotiations for the acquisition of the property and authorizing the commencement of eminent domain proceedings, if necessary, to acquire the property Suggested Disposition: Receive and File; Adopt Resolution(s) Property Acquisition of 422 and 430 Garfield Avenue -MVM Memo Staff Memo 430 Garfield Memo Attachments A -D As -IS Appraisal of 430 Garfield Appraisal 430 Garfield (After Partial Taking) As-Is Appraisal of 422 Garfield Addenda Appraisal 422 Garfield Resolution Resolution Exhibit A 3. Code of Ordinances - Amendment to Title 4 Business and License Regulations City Manager recommending approval of amendments to Title 4, Business and License Regulations, Chapter 6, as it relates to pawnbrokers, secondhand dealers, junk and auto salvage dealers; which designate that proof of financial responsibility must be established by posting a bond. ORDINANCE Amending City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 6 Pawnbrokers and Secondhand Dealers; Junk and Auto Salvage Dealers, Article A Pawnbrokers and Secondhand Dealers, Section 4-6A -7 Proof of Financial Responsibility, and Article B Junk Dealers and Auto Salvage Dealers, Section 4-6B -7 Proof of Financial Responsibility by deleting the requirement of liability insurance Suggested Disposition: Receive and File; Motion B; Motion A Amendments to 4-6A -7 and 4 -6B -7 - Title 4 Business Licenses -MVM Memo Staff Memo Ordinance Suggested Motion 4. Catfish Station Electrical Repairs FEMA - Project Award City Manager recommending award of the contract for the Catfish Station Electrical Repairs FEMA Project to low bidder, A &G Electric of Dubuque, Iowa. RESOLUTION Awarding the public improvement contract for the Catfish Station Electrical Repairs Suggested Disposition: Receive and File; Adopt Resolution(s) WRRC Catfish Creek Station Electrical Repairs Contract Award -MVM Memo Staff Memo Resolution 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)(j) Code of Iowa ADJOURNMENT Pg. 5