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12 2 13 City Council AgendaROLL CALL ORDER FOR MEETING OF 12/2/2013 Jones, Lynch, Resnick, Sutton, Braig, Buol, Connors CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING Historic Federal Building 350 W. fith Street December 2, 2013 Council meetings are video streamed live and archived at www.cityofdubuaue.org /media and on Dubuque's CityChannel on the Mediacom cable system at Channel8 (analog) and 85.2 (digital). WORK SESSION 5:00 PM Sustainable Dubuque Quarterly Work Session Sustainable Dubuque Work Session Agenda -MW Memo Staff Memo Odober SD re ort 50% by 2030 plan REGULAR SESSION 6:30 PM PLEDGE OF ALLEGIANCE 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 dem you would like removed from the Consent Agenda for separate discussion and consideration. 1. Minutes and Reports Submitted Arts and Cultural Affairs Advisory Commission of 10/22, City Council proceedings of 11/18, Civil Service Commission of 11120, Community Development Advisory Commission of 11/13, Human Rights Commission of 1 011 4, Park and Recreation Advisory Committee of 11/12; Safe Community Advisory Committee of 11/13, Proof of publication for City Council proceedings of 11/4; Proof of publication for List of Claims and Summary of Revenues for Month Ending 10/31 Suggested Disposition: Receive and File Art Commission 10/22 City Council Proceedings 11 /18 Civil Service Commission 11i20 CDAC 11/13 Human Rights Commission 10 /14 Park and Rec 11 /12 Safe Community 11 /13 Proof - City Council Proceedings 11/4 Proof - List of Claims,Revenues 10!31 2. Notice of Claims and Suits Susan Farber/National Subrogation Services, LLC for properly damage; Receipt and Release of Clairn by Top Block & Brick, Inc. for materials supplied. Suggested Disposition: Receive and File; Refer to City Attorney Farber Claim Top Block & Brick Release of 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 Scott Estal for personal injury; Susan Farber/National Subrogation Services, LLC for property damage; Steven Steines for vehicle damage Suggested Disposition: Receive and File Concur ICAP Claims 4. Government Finance Officers Association Correspondence from the Government Finance Officers Association (GFOA) awarding the City of Dubuque the Distinguished Budget Presentation Award and a Certificate of Recognition to Budget DirectorJennifer Larson. Suggested Disposition: Receive and File GFOA Correspondence 5. 2014 State Legislative Priorities City Manager submitting the 2014 State of Iowa legislative priorities for adoption and presentation to legislators at the annual Pg. 1 Legislative Dinner. Suggested Disposition: Receive and File; Approve 2014 State Legislative Priorities -MVM Memo 2014 State Legislative Priorities part 1 2014 State Legislative Priorities part 2 6. Appeal of Claim by Aaron Walling City Attorney recommending approval of a claim against the City for vehicle damage as appealed by Aaron Walling. Suggested Disposition: Receive and File; Approve Staff Memo Photo Invoices 7. Delinquent Weed, Junk, and Garbage Collection Accounts City Manager recommending the levy of special assessments for the Weed /Junk /Garbage Enforcement Program against twenty separate parcels of property inspected from July 1, 2013 to October 31, 2013. RESOLUTION Adopting the Schedule of Assessments for 2013 and Directing the City Clerk to certify the Schedule of Assessments to the County Treasurer and to publish notice thereof Suggested Disposition: Receive and File; Adopt Resolution(s) Weed /Junk /Garbage Assessments-MVM Memo Staff Memo Resolutions Schedule of Assessments 8. Special Assessment - 686 -688 University Avenue City Manager recommending approval to assess the demolition costs to the property located at 686 -688 University Avenue. RESOLUTION Adopting the Schedule of Special Assessment for a lien against the property at 686 -688 University Avenue and directing the City Clerk to certify the Schedule of Assessment to the County Treasurer and to publish notice thereof Suggested Disposition: Receive and File; Adopt Resolution(s) 686 -688 University Special Assessment -MVM Memo Staff Memo Supporting Documentation Resolutions and Notices 9. Traffic Safety Grant City Manager recommending authorization for the City of Dubuque to submit grant application for Traffic Safety Improvement Program funding for the Grandview Avenue at Loras Boulevard and Grandview Avenue at University Avenue Intersection Improvements. RESOLUTION Authorizing the filing of a grant application with the Iowa Department of Transportation for traffic safety improvements funding for the City of Dubuque Grandview Avenue at Loras Boulevard and Grandview Avenue at University Avenue Intersection Improvements Suggested Disposition: Receive and File; Adopt Resolution(s) Traffic Safety Grant -MVM Memo Staff Memo Resolution 10. Smarter Cities Challenge- Health and Wellness Initiative City Manager recommending approval of the Smarter Cities Challenge - Community Health and Wellness application. Suggested Disposition: Receive and File; Approve Smarter Cities Challenge - Health & Wellness Initiative - MUM Memo Staff Memo Mayor Buol Letter to Stanley Litow Smarter Cities Challenge Grant Application 11. Alternative Services Concepts -Workers' Compensation Claims Service Contract City Manager recommending approval of the Claims Service Contract with Altemative Service Concepts and authorization for the City Manager to execute the contract. Suggested Disposition: Receive and File; Approve Acceptance of Worker's Compensation Claims Services of Alternative Services Concepts -MVM Memo Staff Memo ASC Claims Service Contract 12. Sewershed 7 Corrective Action Plan City Manager recommending authorization for the City Manager to certify and submit the City of Dubuque's Corrective Action Plan for Sewershed 7 to the US Department of Justice, the US Environmental Protection Agency and the Iowa Department of Natural Resources. Suggested Disposition: Receive and File; Approve Sewershed 7 Corrective Action Plan -MVM Memo Staff Memo Supporting Docs. Pas. 1 -19 Supporting Docs. Pas. 20 -40 Supporting Docs. Pas. 41 -61 Pg. 2 13. City Hall Envelope Restoration (Tuckpointing) Project Acceptance City Manager recommending acceptance of the City Hall Envelope Restoration (Tuckpointing) Project, as completed by R & W Restoration. RESOLUTION Accepting the City Hall Envelope Restoration (Tuckpointing) Project and Authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) City Hall Envelope Restoration -MVM Memo Staff Memo Resolution 14. 2013 CDBG Curb Access Ramp Installation Project Acceptance City Manager recommending that the 2013 CDBG Curb Access Ramp Installation Project costs be officially recorded in the minutes of the City Council. Suggested Disposition: Receive and File; Make Matter of Record Acceptance of 2013 CDBG Curb Access Ramp Installation Proiect -MVM Memo Staff Memo 15. North Ridge Estates Acceptance of Public Improvements City Manager recommending acceptance of the public improvements that the developer, WE Development, LLC, has recently completed in North Ridge Estates Subdivision. RESOLUTION Accepting public improvements in the North Ridge Estates Subdivision in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Acceptance of Public Improvements in North Ridge Estates -MUM Memo Staff Memo Resolution Vicinity Map Developers Request, 16. Dubuque Industrial Center South Grading & Utilities - 2012 Project Phase 1 Project Acceptance City Manager recommending acceptance of the grading contract for the Dubuque Industrial Center Grading & Utilities — 2012 Project — Phase 1, as completed by Tom Kueter Construction Co., Inc. RESOLUTION Accepting the Dubuque Industrial Center south Grading & Utilities - 2012 Project, Phase 1 and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) Acceptance of Dubuque Industrial Center South Grading & Utilities -2012- MVM Memo Staff Memo Resolution Completion Letter Final Change Order 17. Harvest View Estates Sixth Addition Acceptance of Public Improvements City Manager acceptance of the public improvements that the developer, Westside Place Townhomes, LLC, has recently completed in Harvest View Estates Sixth Addition. RESOLUTION Accepting public improvements in the Harvest View Estates Sixth Addition in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Acceptance of Public Improvements in Harvest View Estates Sixth Addition -MVM Memo Staff Memo Resolution Vicinity Map Developer's Request 18. Dubuque Pack Memorial Site Landscaping Project Acceptance City Manager recommending acceptance of the Dubuque Pack Memorial Site Landscaping Project as completed by Nauman Nursery. RESOLUTION Accepting the Dubuque Pack Memorial Site Landscaping Project and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) Dubuque Pack Memorial Site Landscaping Proiect -MVM Memo Staff Memo Resolution Proiect Closeout Form, 19. Port of Dubuque Marina Annual Report City Manager submitting a status report for the Port of Dubuque Marina Project. Suggested Disposition: Receive and File Port of Dubuque Marina Season 1 Report -MVM Memo Memo - Marina 2013 Season Marina 2013 Season Report 20. Loras College Usage Agreement for Petrakis Field City Manager recommending approval of the Usage Agreement with Loras College for Petrakis Field. Suggested Disposition: Receive and File; Approve Pg. 3 Approve Usage Agreement with Loras College for Petrakis Field -MVM Memo Staff Memo Usage Agreement with Loras College 21. Civil Service Commission Civil Service Commission submitted the certified lists for the positions of Firefighter, Scale Operator, and Traffic Engineer Suggested Disposition: Receive and File; Make Matter of Record Firefighter List Scale Operator List Traffic Engineer List 22. Mississippi River Economy Summit Correspondence from the Delta Regional Authority thanking Mayor Buol for his participation in the Mississippi River Economy Summit held in October in Memphis, Tennessee. Suggested Disposition: Receive and File Delta Regional Authority Correspondence 23. Urban Renewal Annual Report for Fiscal Year 2013 City Manager recommending approval of the Fiscal Year 2013 State Urban Renewal Annual Report. RESOLUTION Approving the Fiscal Year 2013 Urban Renewal Report for the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s) 2013 State Annual Urban Renewal Report - MVM Memo Staff Memo Resolution 2013 State Annual Urban Renewal Report 24. Smart Growth Development City Manager recommending that the City commit funds for the efforts of the Smart Growth Development group as they work toward improving the State Historic Tax Credit programs and other programs that help fund many Dubuque rehabilitation projects. Suggested Disposition: Receive and File; Approve Smart Growth Development -MVM Memo Staff Memo Supporting Documentation 25. Alcohol License Applications City Manager recommending approval of annual 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) Liquor License Renewal -MVM Memo Staff Memo, Resolution, 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 Sale of Property - West of 1895 John F. Kennedy Road Proof of publication on notice of public hearing to consider the sale of the 1.4 acre City -owned parcel adjacent to and west of 1895 John F. Kennedy Road to Molo Oil Company and the City Manager recommending approval. RESOLUTION Disposing of an interest in City owned real property by sale to Molo Oil Company Suggested Disposition: Receive and File; Adopt Resolution(s) Sale of City -owned Property West of 1895 JFK Road -Memo Staff Memo Resolution Offer to Buy Amendment Purchase Agreement Vicinity Mao 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 Safe Community Advisory Committee Communication from the Safe Community Advisory Committee recommending that the City Council not re- empanel beyond the December 31, 2013 expiration. Pg. 4 Suggested Disposition: Receive and File; Approve SCAC Letter SCAC Ordinances 2. Dubuque Intermodal Transportation Center City Manager recommending approval of a modified budget for the Dubuque Intermodal Transportation Center. Staff will make a presentation. Suggested Disposition: Receive and File; Approve Dubuque Intermodal Center Budget -MVM Memo ECIA Memo 3. Code of Ordinances Amendment - Title 6 Public Nuisances City Manager recommending approval of a procedural correction to the Public Nuisance Ordinance that provides the City may pursue a hearing in front of the City Council or a municipal infraction in the Iowa District Court for Dubuque County. ORDINANCES Amending City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation and Environment, Chapter 4 Nuisances, Section 6 -4 -4 Public Nuisances Prohibited; Authority to Abate by Allowing Issuance of a Municipal Infraction for the Creation, Maintenance, or Continuation of a Public Nuisance Suggested Disposition: Receive and File; Motion B; Motion A Procedural Correction for Public Nuisance Ordinance -MVM Memo Staff Memo Ordinance Sugqested Motion 4. Code of Ordinances Amendment - Title 6 Fire Chief City Manager recommending approval of changes to the Code of Ordinances changing "Chief of the Fire Department' to "Fire Chief." ORDINANCES Amending City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation And Environment, Chapter 7 Hazardous Waste, Substances and Conditions, Section 6-7 -3 Cleanup Required; and Title 7 Police, Fire and Public Safety, Chapter 2 Fire Department, Section 7 -2 -2 Service Charges and Section 7 -2 -3 Standby Service by changing all references of "Chief of the Fire Department" to "Fire Chief" Suggested Disposition: Receive and File; Motion B; Motion A City Code Change -MVM Memo Staff Memo Ordinance, Suggested Motion 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