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2 17 14 City Council AgendaROLL CALL ORDER FOR MEETING OF2 /172014 Resnick, Sutton, Braig, Buol, Connors, Jones, Lynch CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING Historic Federal Building 350 W. 6th Street February 17, 2014 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 85.2 (digital). WORT( SESSION 5:00 PM Changed Environmental Stewardship Advisory Commission - Hydraulic Fracturing Report ESAC Hydraulic Fracturing Report Appendix 1- Public Comments Annendix 2 -E PAPro aress Report Appendix 3 -List of Articles& Websites Petition from the Sisters of the Presentation 2/14/14 REGULAR SESSION 6:30 PM PLEDGE OF ALLEGIANCE PROCLAMATION(S) 1. Problem Gambling Awareness Month (March 2014) Problem Gam blind AM1ereness P roclam ation PRESENTATION(S) 1. Environmental Protection Agency (EPA) Smart Growth Award Assistant City Manager Teri Goodmann to present the EPA Smart Growth Achievement Award - Corridor or Neighborhood Revitalization category for the Historic Millwork District and Washington Neighborhood EPA Congratulatory Letter IE DA Congratulatory Letter 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 Arts and Cultural Affairs Advisory Commission of 12117113; City Council proceedings of 213, 2110; Chic Center Advisory Commission of 1127; Historic Preservation Commission of 1116; Historic Preservation Education Task Force of 216; Investment Oversight Advisory Commission of 1122; Library Board of Trustees of 12/10(13; Long Range Planning Advisory Commission of 1115; Zoning Advisory Corrmission of 215; Proof of Publication for City Council proceedings of 1121; Proof of Publication for List of Claims /Summary of Revenuesfor month ended 12131/13 Suggested Disposition: Receive and File Arts Commission 12 /17 /13 Council Proceedings 2/3 Council Proceedings 2 /10 Council Proceedings 2/12 Civic Center 1/27 Historic reservation 1 /16 Historic reservation ETF 2/6 Investment Oversight 1/22 Library Board 12 /19/13 Lona Range Planning 1 /15 Zoning Advisory 2/5 Proof - Council Proceedings 2/3 Proof - List of Claims,Revenues 12/31/1 3 2. Notice of Claims and Suits Scott Duehr for vehicle damage, Zachery Gries for property damage, Jerry Grutr for property damage, Kischel Harris for personal injury and property damage (2), Jeffrey Herbst for vehicle damage, Mary Heister /State Farm Mutual for vehicle damage, Mark Matel for vehicle damage, Jason McCann for vehicle damage, James Pancratz for vehicle damage, Michael Pancratz for vehicle damage, Ann Powell for vehicle damage, JamesThill for vehicle damage; Jeff Tracy for vehicle damage Suggested Disposition: Receive and File; Refer to City Attorney Duehr Claim, Gries Claim, Grutz Claim, Harris Claim - 1, Harris Claim - 2, Herbst Claim, Heister Claim, Matel Claim, McCann Claim Pancratz (James) Claim, Pancratz (Michael) Claim Powell Claim, Thill Claim, Tracy 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 Duehr for vehicle damage, Jerry Grutz for property damage, Kischel Harris for personal injury and property damage (2), Mary Heister for vehicle damage, Jeffrey Herbst for vehicle damage, Interstate Power & Light for property damage, Robert Lange for vehicle damage, Ryan Leick for vehicle damage, Mark Matel for vehicle damage, Jason McCann for vehicle damage, James Pancratz for vehicle damage Suggested Disposition: Receive and File; Concur ICAP Claims 4. Environmental Protection Agency (EPA) - Notice of Stipulation of Settlement City Attorney advising that the Environmental Protection Agency (EPA) is rescinding its demand for a stipulated penalty for the April 19, 2013 sanitary sewer overflow. Suggested Disposition: Receive and File EPA Notice of Stipulated Penalty Demand Rescinded -MVM Memo, Staff Memo, 5. Environmental Protection Agency (EPA) Education Grant City Manager recommending approval of a Letter of Commitment and partnership with the University of Iowa in the EPA Environmental Education Grant Application for air quality. Suggested Disposition: Receive and File; Approve EPA Education Grant Letter of Commitment -MVM Memo, Staff Memo, Signed Subaward Letter Grant Application 6. Sustainable Dubuque Monthly Project Status Report City Manager transmitting the Sustainable Dubuque Monthly Project Status Report for January 2014. Suggested Disposition: Receive and File January Sustainable Dubuque Report-MVM Memo, Staff Memo, January 2014 SD Report 7. 2014 Federal Legislative Priorities City Manager recommending adoption of the 2014 Federal Legislative Priorities. Suggested Disposition: Receive and File; Approve 2014 Federal Legislative Priorities -MVM Memo, 2014 Federal Legislative Priorities, 8. Certified Local Government(CLG)Annual Report City Manager transmitting the 2013 Certified Local Government (CLG) Annual Report. Suggested Disposition: Receive and File 2013 Certified Local Govemment (CLG) Annual Report-MVM Memo Staff Memo CLG Report 9. Iowa Utilities Board - Distributed Generation Letter of Support City of Dubuque letter to the Iowa Utilities Board in support of distributed generation policies and standards. Suggested Disposition: Receive and File; Approve Letter to Iowa Utilities Board Order Opening Inquiry on Distributed Generation and Soliciting Comments, 10. CIPP Lining Project Acceptance City Manager recommending acceptance of the construction contract for the FY 2013 and FY 2014 Sanitary Sewer Cured -in -Place Pipe (CIPP) Lining Project, as completed by Visu Sewer Clean and Seal. RESOLUTION Accepting the Sanitary Sewer Cured -in -Place Pipe Lining Project and authorizing the payment to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) FY13 & FY14 Sewer Cured -in -Place Pipe Lining Project -MVM Memo, Staff Memo, Resolution, Council Final Payment Form, 11. Grand River Center Floor Settlement Rem ediation Project Acceptance City Manager recommending acceptance of the construction contract for the Grand River Convention Center — Floor Settlement Remediation Project as completed by Hayward Baker. RESOLUTION Accepting the Grand River Convention Center Floor Settlement Remediation Project and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) Acceptance of Grand River Center Floor Settlement Repairs -MVM Memo Staff Memo Resolution, Final Payment Form 12. Catfish Station Electrical Repairs FEMA - Project Acceptance City Manager recommending acceptance of the construction contract for the Catfish Station Electrical Repairs FEMA project as completed by A &G Electric. RESOLUTION Accepting the Catfish Station Electrical Repairs FEMA and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) Catfish Station Electrical Repairs FEMA -MVM Memo Staff Memo Resolution, 13. Urban Revitalization Program 2013 Applications City Manager recommending approval of 13 applications for residential property tax exemption. RESOLUTION Approving property tax abatement applications submitted by property owners in recognized Urban Revitalization areas and authorizing the transmittal of the approved applications to the City Assessor Suggested Disposition: Receive and File; Adopt Resolution(s) Urban Revitalization Program Applications -MVM Memo, Staff Memo, Resolution, 14. Financial Advisor Contract Amendment City Manager recommending approval of a contract amendment with the City's Financial Advisor, Piper Jaffray. Suggested Disposition: Receive and File; Approve Financial Advisor Contract Amendment - MVM Memo Staff Memo Financial Advisor Contract Amendment - Contract, Financial Advisor Contract Amendment - w /Red Line Edits, 15. Zoning Advisory Commission - North Grandview Avenue Parking Zoning Advisory Commission requesting consideration of removing the on- street parking spaces along the east side of North Grandview Avenue between 3rd Street and the intersection at Grandview Avenue, Delhi and Grace Streets. Suggested Disposition: Receive and File; Refer to City Manager Commission Letter, 16. Paragon Square, LLC - Rescinding Development Agreement City Manager recommending rescinding Resolution No. 281 -11, which approved the Development Agreement with Paragon Square, LLC for property located at 2887 and 2901 Central Avenue. RESOLUTION Rescinding Resolution No. 281 -11, which approved the Development Agreement with paragon Square, LLC for the property located at 2887 and 2901 Central Avenue Suggested Disposition: Receive and File; Adopt Resolution(s) Rescinding Development Agreement with Paragon Square, LLC -MVM Memo Staff Memo Resolution, 17. Iowa Department of Transportation PCC Patching Correspondence from the Iowa Department of Transportation notifying the City of Dubuque that it proposes to let three PCC patching projects on April 15, 2014 on areas of US Hwy 20, Iowa 32 and US Hwy 61 IDOT Letter, 18. Stipulation of Settlements - US Bank Property Tax Appeals City Attorney recommending approval of Stipulation of Settlements regarding two tax assessment appeals filed by US Bank NA. Suggested Disposition: Receive and File; Approve Taxing Bodies Letter, Stipulation of Settlement - 270 W. 7th Street, Notice Of Voluntary Settlement - 270 W. 7th Street, Stipulation of Settlement - 435 Kennedy Road, Notice of Voluntary Settlement - 435 Kennedy Road, 19. Worker Adjustment and Retraining Notification (WARN) - Jeld -Wen, Inc. Correspondence from Jeld -Wen, Inc., notifying the City of Dubuque that it will experience permanent closure of its facility at 250 East 8th Street on March 28, 2014. Suggested Disposition: Receive and File Jeld -Wen Notification, 20. Cornerstone Government Affairs Service Agreement City Manager recommending approval of an agreement with Cornerstone Government Affairs, LLC to assist the City in pursuit of the elimination of pari - mutuel greyhound dog racing in Dubuque. Suggested Disposition: Receive and File; Approve Agreement with Comerstone Govemment Affairs -MVM Memo Service Agreement 21. Progressive Processing, LLC City Manager recommending authorization of the submission of an Economic Development Assistance Contract by Progressive Processing, LLC (a subsidiary of Hormel Foods Corporation), the City of Dubuque and the Iowa Economic Development Authority. RESOLUTION Authorizing the execution of an Economic Development Assistance Contract by Progressive Processing, LLC, the City of Dubuque, and the Iowa Economic Development Authority. Suggested Disposition: Receive and File; Adopt Resolution(s) Progressive Processing, LLC -MVM Memo, Staff Memo, Contract, Resolution, 22. Signed Contracts Partnership Agreement with Global Green USA Suggested Disposition: Receive and File Global Green USA Contract, 23. Alcohol Compliance Civil Penalty for Alcohol License Holders - Main Street Steak and Chophouse City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Main Street Steak and Chophouse, 342 Main Street. Suggested Disposition: Receive and File; Approve Main Street Chophouse Alcohol Compliance Agreement -MVM Memo, Staff Memo, Agreement 24. 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 Wine Licenses and Permits Suggested Disposition: Receive and File; Adopt Resolution(s) Liquor License Renewals -MVM Memo, Staff Memo, Resolution, ITEMS TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. 1. Fiscal Year 2015 Recommended Budget as Amended City Manager recommending that the City Council set a public hearing for March 5, 2014, on the Fiscal Year 2015 City budget, Operating and Capital Improvement Program as amended for the City of Dubuque. City Manager recommending that the City Council set a public hearing for March 5, 2014 to consider a fare increase for the Jule Transit System. Public Works Director providing information regarding a budget request to purchase two compressed natural gas (CNG) solid waste collection vehicles in Fiscal Year 2015. Transit Advisory Board submitting a letter of support for the proposed fare increase. RESOLUTION Setting the date for the public hearing on the Fiscal Year 2015 Budget as amended for the City of Dubuque RESOLUTION Setting the date for the public hearing on the Five -Year Capital Improvement Program as amended for Fiscal Years 2015 through 2019 for the City of Dubuque RESOLUTION Setting the date for a public hearing on the Transit Fixed -Route and Paratransit fare increase Added Late Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing 315/13 Set Public Hearing on City of Dubuque FY2015 City Budget as Amended -MVM Memo, Budget Staff Memo, Public Works Staff Memo, Transit Advisory Board Recommendation CNG CIP Budget Resolution(s), Transit Resolution Public Hearing Notice, Newspaper Notice, 2. Iowa and Locust Streets Parking Ramp Repair Project City Manager recommending approval of the initiation of the bidding process for the Iowa and Locust Streets Parking Ramp Repair Project, preliminary approval of the construction plans and specifications and the Resolution of Necessity, and further recommends that a public hearing be set for March 3, 2014. 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. Suggested Disposition: Receive and File; Adopt Resolutions, Set Public Hearing 3/3/14 Iowa and Locust Street Ramp Repair Project -MVM Memo, Staff Memo, Resolution(s), Notice to Bidders Notice of Public Healing 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. Civic Center Advisory Commission One, 3 -year term through June 29, 2016 (Expired term of Hill) Applicant: McKenzie Hill, 394 1/2 Bluff St., #2 Housing Code Appeals Board One, 3 -year term through January 11, 2017 (Expired term of Young) Applicant: David Young, 1594 Central Ave. Mechanical Board Two, 3 -year terms through March 16, 2017 (Expiring terms of Giese and Hillard) Applicants: Tom Giese, 395 Villa St. Gary Hillard, 2826 Muscatine St. Boards Overview Sheet Latest Listings Vacancies Civic Center Advisory Commission Application, Housing Code Appeals Board Application, 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. Request to Rezone -1342 Forest Lane Proof of publication on notice of public hearing to consider a request by DeeAnn Ballard, 1342 Forest Lane, to rezone property from R -2 Two Family Residential to OR Office Residential 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 1342 Forest Lane from R -2 Two - Family residential District to OR Office Residential District Suggested Disposition: Receive and File; Motion B; Motion A Commission Letter, Applicant Materials, Staff Materials Ordinance, Proof of Publication Suggested Motion, 2. Request to Amend Institutional District - 350 North Grandview Avenue Proof of publication on notice of public hearing to consider a request by Finley Hospital, 350 North Grandview Avenue, to amend the Finley Hospital Institutional District to permit the construction of a 25,000 square -foot, four -story addition to the west side of the hospital building and the Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by providing for the amendment of Ordinances 35 -93, 59 -00, and 5 -05 and approval of an amended Campus Development Plan for the Finley Hospital Institutional District Suggested Disposition: Receive and File; Motion B; Motion A Commission Letter, Applicant Materials, Staff Materials, Ordinance, Proof of Publication, Suggested Motion, 3. Sales Tax Increment Revenue Bonds (Flood Mitigation Program) Proof of publication on notice of public hearing to consider the issuance of Not to Exceed $29,000,000 Sales Tax Increment Revenue Bonds (Flood Mitigation Program) and the City Manager recommending approval. RESOLUTION Instituting proceedings to take additional action for the issuance of not to exceed $29,000,000 Sales Tax Increment Revenue Bonds Suggested Disposition: Receive and File; Adopt Resolution(s) Sales Tax Increment Revenue Bonds -MVM Memo Staff Memo , Executive Summary, Ahlers & Cooney, P.C. Letter Resolution Materials from February 3, 2014 Meeting, 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. Citizen Petition - St. Ambrose Street Parking Sharon Hienz submitting a citizen petition and requesting to address the Council on behalf of residents of St. Ambrose Street regarding placing restrictions on residential parking due to issues with Sr. High School. Suggested Disposition: Receive and File; Refer to City Manager Petition, 2. SRF Green Alley Bid Set 1 Project Award City Manager recommending award of the contract for the SRF Green Alley Bid Set 1 Project to the low bidder East Iowa Construction. RESOLUTION Awarding the public improvement contract for the SRF Green Alley Bid Set 1 Project Suggested Disposition: Receive and File; Adopt Resolution(s) Award SRF Green Alley Project -Bid Set 1 -MVM Memo, Staff Memo, Resolution Bid Tab 3. Request to Rezone -1060 Edina Street (Third Reading) Request by John & Angie Long; Ron & Denise Reeg to rezone property at located at 1060 Edina (Parcels 10- 23 -477- 006 & 10 -23- 477 -007) from R -1, Single Family Residential Zoning District, to R -2, Two - Family Residential Zoning 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 1060 Edina from R -1 Single - Family Residential District to R -2 Two - Family Residential District. Suggested Disposition: Receive and File; Motion B; Motion A Commission Letter, Applicant Materials, Staff Materials Ordinance, Letter of Opposition, Suggested Motion, 4. Sustainable Dubuque Community Grant Recommendations City Manager recommending funding of six Sustainable Dubuque Community grant applications. Suggested Disposition: Receive and File; Approve Sustainable Dubuque Community Grant Recommendations -MVM Memo, Staff Memo, 5. Storm Water Utility Revenue Capital Loan Notes, $1,029,000 Taxable Series 2014A (State of Iowa Revolving Fund Loan) City Manager providing the suggested proceedings to authorize issuance of $1,029,000 Storm Water Utility Revenue Capital Loan Notes, Taxable Series 2014A (State of Iowa Revolving Fund Loan) through the Iowa Water Pollution Control Works Financing Program. RESOLUTION Approving and authorizing the Form of Loan and Disbursement Agreement by and between the City of Dubuque and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of $1,029,000 Storm Water Utility Revenue Capital Loan Notes, Taxable Series 2014A, of the City of Dubuque, Iowa, under the provisions of the Code of Iowa, and providing for a method of payment of said Notes Suggested Disposition: Receive and File; Adopt Resolution(s) Storm Water Utility Revenue Capital Loan Notes -MVM Memo, Staff Memo , Ahlers & Coonev's P.G. Letter, Resolution and Notices Loan and Disbursement Agreement, Certificate Delivery Certificate, Transcript Certificate SRF Construction Supplemental Loan Application 6. Iowa Statewide Urban Design and Specifications Program (SUDAS) City Manager recommending that the City Council formally adopt the Iowa Statewide Urban Design and Specifications Program, commonly known as SUDAS. RESOLUTION Approving adoption of the Iowa Statewide Urban Design and specifications Program for Public Works Improvements Suggested Disposition: Receive and File; Adopt Resolution(s) Adoption of SUDAS Program -MVM Memo, Staff Memo, Resolution, 7. Request for Work Session - Sustainable Dubuque Quarterly Work Session City Manager requesting that the City Council schedule the quarterly Sustainable Dubuque Work Session for Monday, April 21, at 5:00 p.m. Suggested Disposition: Receive and File; Council Request to Schedule Quarterly Sustainable Dubuque Work Session -MVM Memo, Staff Memo 8. Fiscal Year 2014 Budget Correction City Manager recommending options for Fiscal Year 2014 Operating and Capital Budget shortfall. Suggested Disposition: Receive and File; Council Fiscal Year 2014 Budget Correction -MVM Memo Peck Memo re Status of the Recruitment for General Fund Positions Staff Memo, Lindahl Memo re Increase of Gas and Electric Franchise Fees, Franchise Fee City Comparison, 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