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3 3 14 City Council AgendaC v13 Presentation ROLL CALL ORDER FOR MEETING OF 3/3/2014 Sutton, Braig, Buol, Connors, Jones, Lynch, Resnick CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING Historic Federal Building 350 W. 6th Street March 3, 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). WORK SESSION 5:30 PM Convention and Visitors Bureau - Annual Report REGULAR SESSION 6:30 PM PLEDGE OF ALLEGIANCE PROCLAMATION(S) 1. Problem Gambling Awareness Month (Mach 2014) Problem Gam blind Avvareness P roclam ation 2. American Red Cross Month (March 2014) Red Cross Month 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 Arts and Cultural Affairs Advisory Commission of 2/25, City Council proceedings of 2113, 2117, 2118 and 2120; Housing Commission of 1128; Human Rights Commission of 1113; Proofs of Publication for City Council proceedings of 2/3, 2/10, 2112, 2113: Suggested Disposition Receive aid File Arts Commission 2/25 City Council 2/13 City Council 2/17 City Cound12/18 City Council 2/20 Housincil/28, Hum an Rights 1/13 Proof -City Council 213 Proof -City Council 2/10 P roof-City Council 2/12 Proof -City Council 2/13 2. Notice of Claims and Suits DeLos and Dorothy Bohnsackfor property damage, Barbara Erickson for personal injury, Tracey Hayes for property damage, Wayne Heim for vehicle damage, Julie Houselog for vehicle damage, Miguel Jackson for vehicle damage, Jerome Kutsch for vehicle damage, Michael Mahoney for vehicle damage, Dennis O'Connor for vehicle damage, Andy Ruden for vehicle damage, Suggested Disposition: Receive and File; Refer to City Attorney Bohnsack Claim Erickson Claim Haves Claim Heim Claim Houselog Claim Jackson Claim Kutsch Claim Mahoney Claim O'Connor Claim Ruden Claim 3. Disposition of Claims City Attorney advising that the following claims have been referredto Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: DeLos Bohnsack for property damage, Zachery Griesfor property damage, Jerome Kutsch for vehicle damage, Dennis O'Connor forvehicle damage, Michael Pancratr for vehicle damage, Anne Powell for vehicle damage, Andy Ruden for vehicle damage, JeffTracey for vehicle damage Suggested Disposition: Receive and Fite; Concur ICAP Claims, 4. 2014 Art on the River Exhibition - Artwork Selection Arts and Cultural Affairs Advisory Commission requesting concurrence with the selection of artwork for the 2014 Art on the River Competition. Suggested Disposition: Receive and File; Concur Commission Letter, Jury Selections, 5. 2014 Amended State Legislative Priorities City Manager recommending that the City Council amend the 2014 State Legislative Priorities to include supporting the efforts of the Dubuque Community School District and Hillcrest Family Services. Suggested Disposition: Receive and File; Approve Amending State Legislative Priorities -MVM Memo, Staff Memo, 6. Dubuque Water Sports Club - Lease Approval City Manager recommending approval of the annual lease with the Dubuque Water Sports Club for a section of Schmitt Island. Suggested Disposition: Receive and File; Approve Dubuque Water Sports Club Lease -MVM Memo, Staff Memo , Lease Agreement, 7. Dubuque Jaycees - Veterans' Memorial Park Lease City Manager recommending approval of a one -year agreement with the Dubuque Jaycees to operate a community garden at Veterans' Memorial Park. Suggested Disposition: Receive and File; Approve Dubuque Jaycees Lease for Community Garden at Veterans' Memorial Park -MVM Memo Staff Memo Lease Agreement 8. JFK Road and Wacker Drive Intersection Improvements Traffic Signalization Project - Quit Claim Deed City Manager recommending acceptance of a Quit Claim Deed for a right -of -way purchase from U.S. National Bank Association for the proposed JFK Road and Wacker Drive Intersection Improvements Traffic Signalization Project. RESOLUTION Accepting a conveyance of property (Lot A of Hawkeye Stock Farm in the City of Dubuque, Dubuque County, Iowa) Suggested Disposition: Receive and File; Adopt Resolution(s) Right of Way Purchase from US Bank 435 JFK MVM Memo Staff Memo Resolution, Quit Claim Deed - Executed, Ground Water Hazard Statement - Executed, Declaration of Value, Acquisition Plat - Recorded, Area Map, 9. Civil Service Commission Commissioner James Schilling submitting his resignation from the Civil Service Commission. Suggested Disposition: Receive and File; Accept Resignation Schilling Resignation Letter 10. Civil Service Commission Civil Service Commission submitting the Certified List for the position of Recreation Program Supervisor. Suggested Disposition: Receive and File; Make Matter of Record Recreation Program Supervisor List, 11. Urban Youth Corps Grant City Manager recommending approval of the Urban Youth Corps Grant application to the Iowa Department of Transportation. Suggested Disposition: Receive and File; Approve Urban Youth Corps Grant App -MVM Memo, Staff Memo , Urban Youth Corps Grant Application, 12. Consent Decree Semi Annual Report City Manager recommending approval to certify the March 31, 2014 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. Changed Suggested Disposition: Receive and File; Approve March 31st Consent Decree Semi Annual Report -MVM Memo, Staff Memo, Consent Decree Report Draft, 13. Special Assessment - Snow Removal at 695 Kane Street City Manager recommending approval of a resolution establishing the Final Assessment Schedule for Snow Removal from City Right -of -Way for the property at 695 Kane Street. RESOLUTION Adopting the final Assessment Schedule for the 2013 -2014 Snow Removal Assessment - Right -of -Way Obstruction Removal Assessment Project Suggested Disposition: Receive and File; Adopt Resolution(s) Snow Removal Assessment 695 Kane St -MVM Memo, Staff Memo Resolution, Schedule of Assessments 14. Dubuque Technology Park Economic Development District City Manager recommending approval of agreements between the City and three property owners for the inclusion of agricultural property in a proposed expansion of the urban renewal area for the Dubuque Technology Park Economic Development District. RESOLUTION Approving agreements between the City of Dubuque and property owners to include certain agricultural land in the Dubuque Technology Park Economic Development District Suggested Disposition: Receive and File; Adopt Resolution(s) Aq Land Area included in Dubuque Technology Park Economic Development District -MVM Memo, Staff Memo, Resolution, Furuseth Agreement O'Rourke Agreement, Tracy Agreement, 15. Alcohol Compliance Civil Penalty for Alcohol License Holders — Awn Stop Mart, Inc. City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Awn Stop Mart, Inc., 1998 Jackson Street. Suggested Disposition: Receive and File; Approve Settlement Agreement AWN Stop Mart, Inc -MVM Memo Staff Memo, Agreement 16. Business License Refund Request from David Wetter for a refund of the liquor license LC0039826 for "920 Main" located at 920 Main Street. Suggested Disposition: Receive and File; Approve Refund Request, 17. 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. SRF Green Alley Project - Bid Set 2 City Manager recommending preliminary approval to the Resolution of Necessity, the Preliminary Schedule of Assessments, establish the date of the public hearing, and authorize the City Clerk to advertise for bid proposals for the SRF Green Alley Bid Set 2 Project which includes four alleys in the Bee Branch Watershed RESOLUTION Preliminary approval of plans, specifications, form of contract, and estimated cost; setting the date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids RESOLUTION Approving the Plats, Schedule of Assessments and estimate of total cost for the SRF Green Alley Bid Set 2 Project RESOLUTION of Necessity for the SRF Green Alley Bid Set 2 Project RESOLUTION Fixing date of public hearing on Resolution of Necessity Suggested Disposition: Receive and File: Adopt Resolution(s), Set Public Hearing 3117114 SRF Green Alley Bid Set 2 -MVM Memo, Staff Memo, Resolution - Plans /Specs, Resolution - Schedule, Necessity, Setting Date Notice to Bidders, Preliminary Assessments, Supporting Doc 2. SRF Green Alley Project - Bid Set 3 City Manager recommending preliminary approval to the Resolution of Necessity, approve the Preliminary Schedule of Assessments, establish the date of the public hearing, and authorize the City Clerk to advertise for bid proposals for the SRF Green Alley Bid Set 2 Project which includes four alleys in the Bee Branch Watershed 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 RESOLUTION Approving the Plats, Schedule of Assessments and estimate of total cost for the SRF Green Alley Bid Set 3 Project RESOLUTION of Necessity for the SRF Green Alley Bid Set 3 Project RESOLUTION Fixing date of public hearing on Resolution of Necessity Suggested Disposition: Receive and File: Adopt Resolution(s), Set Public Hearing 3117114 SRF Green Alley Bid Set 3 -MVM Memo, Staff Memo, Resolution - Plans /Specs /Notices, Resolutions - Schedule of Assessments/Necessity Notice to Bidders, Preliminary Assessment, Supporting Doc 3. Bishop Block - Notice of Intent to Dispose of Real Estate City Manager recommending approval of the "Notice of Intent" to dispose of real estate via quit claim deed to Bishop's Block Limited Partnership to be set for public hearing on the March 17, 2014. RESOLUTION of Intent to dispose of an interest in City -owned real property by Quit Claim Deed to Bishop's Block Limited Partnership Suggested Disposition: Receive and File: Adopt Resolution(s), Set Public Hearing 3117114 Bishop Block- Notice of Intent to Dispose of Real Estate -MVM Memo, Staff Memo, Exhibit A, Exhibit B, Exhibit C, Exhibit D, Exhibit E, Exhibit F, Resolution of Intent to Dispose 4. Dubuque Intermodal Transportation Center City Manager recommending preliminary approval of the construction plans and specifications for the Dubuque Intermodal Transportation Center; and establishing March 17, 2014, as the date of public hearing and authorizing the City Clerk to advertise for bid proposals for the project. 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 Resolution(s), Set Public Hearing 3117114 Dubuque Intermodal Transportation Center -MVM Memo Staff Memo ECIA Memo Resolution(s) and Notices, 5. TriState Quality Metals - Development Agreement and Intent to Dispose of Real Estate City Manager recommending that a public hearing be set for March 17 to consider action on a Development Agreement between and among the City of Dubuque, Wilming Investments LLC and TriState Quality Metals LLC related to property acquisition and construction of a facility in the Dubuque Industrial Center South. RESOLUTION of Intent to Dispose of an interest in City of Dubuque real estate pursuant to a Development Agreement between and among the City of Dubuque, Wilming Investments, LLC and Tristate Quality Metals, LLC; and 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 Grant Obligations and providing for the publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing 3117114 Establish Public Hearing TriState Quality Metals WIming Investments -MVM Memo, Staff Memo, Resolution, Development Agreement 6. Sale of City -Owned Property - 2250 Washington Street City Manager recommending that a public hearing be set for March 17, 2014, for the purpose of disposing of City - owned real estate at 2250 Washington Street to Jodie L. Evans. RESOLUTION of Intention to dispose of City -owned property, specifically, Lot 1 Of Lot 4 In Lot 103 In L.H. Langworthy's Addition in the City of Dubuque, Iowa, according to the recorded Plat thereof in Book of Plats #12, Page 65 — 2250 Washington Street Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing 3117114 Sale of City -owned property at 2250 Washington St -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. Housing Commission One, 3 -year term through August 17, 2016 (Vacant term of Root) Applicant: David Wall, 333 W. 17th St. Apt. #19 Appointments to the following commissions to be made at this 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, Housing Commission Application, Civic Center Advisory Commission Application Housing Code of 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. Iowa and Locust Street Parking Ramps Repair Project Proof of publication on notice of public hearing to consider the approval of plans, specifications form of contract and estimated cost for the Iowa and Locust Street Parking Ramps Repair Project. RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the Iowa and Locust Street Parking Ramps Repair Project Suggested Disposition: Receive and File; Adopt Resolution(s) Iowa and Locust Street Parking Ramp Repair Project -MVM Memo, Staff Memo, Resolution Proof of Publication - Iowa/Locust Ramps Proiect 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. ITC Midwest Projects Overview Angela Jordan, Area Manager of Local Government and Community Affairs; and Mark Ryan, Project Engineer, for ITC Midwest to present on the company's recent and planned projects. Suggested Disposition: Receive and File; Presentation ITC Projects Overview ITC Map 1, ICT Map 2, 3. Multicultural Family Center Annual Report Multicultural Family Center Board and Director Abeni El Amin, will share a presentation of the 2012 -2013 Multicultural Family Center Annual Report. Suggested Disposition: Receive and File Multicultural Family Center Annual Report Presentation -MVM Memo, Staff Memo , MFG Annual Report , 4. Tour Dubuque - Trail and Park Use Agreement City Manager recommending allowing Tour Dubuque Trikkes on the Riverwalk and other areas approved by the City with a one -year trial period as approved by the Park and Recreation Advisory Commission. Suggested Disposition: Receive and File; Approve Trail and Park Use Agreement with Tour Dubuque -MVM Memo, Staff Memo , Usage Agreement, 5. Code of Ordinances Amendment - Title 10 Waiver Policy for Special Events City Manager recommending approval of an ordinance establishing a Special Event Waiver process and approval of the recommended Special Event Waiver Policy. ORDINANCE Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 4 Parades and Assemblies by adding separate sections for groups of 24 or less people and groups of 25 or more, clarifying that a Hold Harmless Agreement is necessary for groups of over 25 people, distinguishing between events that occur on City property, public right -of -way, or private property, clarifying when a permit is necessary for events on private property, and adding a provision which allows the City Manager to waive certain requirements per an adopted Policy; and amending Title 10 Public Ways and Property by adding a new Chapter 8, Valet Drop Off Parking; Permit Requirements which moves the Valet Parking Regulations to a different location within Title 10 Suggested Disposition: Receive and File; Motion B; Motion A Special Event Permit Waiver Policy -MVM Memo, Staff Memo, Ordinance, Effect of Amendment, Waiver Policy, 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