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4 21 14 City Council AgendaROLL CALL ORDER FOR MEETING OF 4212014 Brag, Buol, Connors, Jones, Lynch, Resnick, Sutton CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING Historic Federal Building 350 W. fith Street April 21, 2014 Council meetings are video streamed live and archived at www.citvofdubuuue.orghnedia and on Dubuque's CityChannel on the Mediacom cable system at Channel8 (analog) and 85.2 (digitop. WORK SESSION 5:00 PM Sustainable Dubuque Sustainable Dubuque Work Session Agenda -MVM Memo Staff Memo REGULAR SESSION 6:30 PM PLEDGE OF ALLEGIANCE PROCLAMATION(S) 1. YP Days of Caring (April 25, 2014) YP Days of Carina Proclamation 2. Laughter Day (Mayr 4, 2014) Laughter Day Proclamation, 3. Building Safety Month (Maj 2014) pudding Safety Month Prndatnatiort 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 417, Civil Service Commission of 4110, Housing Trust Fund Commission of 4111, Zoning Athisory Commission of 412, Zoning Board of Adjustment of 3/27 Suggested Disposition: Receive and Fite City Council Proceedings 477 Civil Service 4/10 Housing Trust Fund 4/11 Zoning Advisory 4/2 Zoning Board of Adiusiment 3727 2. Notice of Claims and Suits Maureen Barth for vehicle damage, James Maysforvehicle damage (2), Suggested Disposition: Receive and Fite; Refer to City Attorney flr th Claiip Maus Claim MI Maus Claim f71 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: Maureen Barth for vehicle damage, James Maysfor vehicle damage (2), James Ridley for property damage Suggested Disposition: Receive and Fite; Concur ICAP Claims, 4. Iowa Department of Transportation - Urban Youth Corps Grant Agreement City Manager recommending approval of an Urban Youth Corps Grant Agreement with the Iowa Department of Transportation to provide transportation -related employment and training opportunities to youth between the ages of 16 and 21 who face barriers to employment. Suggested Disposition: Receive and File; Approve Urban Youth Corps Grant Agreement -MVM Memo, Staff Memo , Urban Youth Corps Grant Agreement 5. Four Mounds Barn Restoration Project Grant Application City Manager recommending approval of a resolution authorizing the City Manager to sign the ownership form in support of the 2014 Historic Resource Development Program grant application by Four Mounds Foundation for barn restoration at the Four Mounds Estate Historic District. RESOLUTION Authorizing HRDP Grant Application to the State Historical Society of Iowa for Barn Restoration Project at four Mounds Estate Historic District Suggested Disposition: Receive and File; Adopt Resolution(s) Grant Application for Four Mounds Barn Restoration Project -MVM Memo, Staff Memo, Grant Application, Resolution, 6. PEG Capital Expenditure Request City Manager recommending approval of the Cable TV Commission recommendation for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities to provide Hardware Assurance for the on -air playback server for the Dubuque Community School District's educational access channel at The Forum. Suggested Disposition: Receive and File; Approve PEG Capital Expenditure Request -MVM Memo Staff Memo 7. Jule Transit System - Consolidated Funding Application City Manager recommending approval of the Consolidated Funding Application, as submitted, and approve signature of the Lobbying Cost Certificate, Certificate of Cost Allocation Plan and Authorizing Resolution for the Iowa Department of Transportation Consolidated Funding Application for Fiscal Year 2015 for The Jule. Suggested Disposition: Receive and File; Approve Transit Consolidated Funding Application -MVM Memo, Staff Memo Consolidated Funding Application, Authorizing Resolution, 8. U.S. Department of Housing and Urban Development - Lead -Based Paint Hazard Control Grant Correspondence from the U.S. Department of Housing and Urban Development requesting information required to close out the Lead -Based Paint Hazard Control Grant. Suggested Disposition: Receive and File HUD Letter, 9. Five Flags Center- Fiscal Year 2015 Detailed Operating Budget City Manager recommending approval of the Fiscal Year 2015 Five Flags Center proposed operating budget submitted by SMG. Suggested Disposition: Receive and File; Approve Five Flags Budget for FY2015-MVM Memo, Staff Memo , FF FY2015 Budget -SMG 10. United States Army Corps of Engineers Flood Inundation Modeling City Manager transmitting information about the United States Army Corps of Engineers' work to create engineering models to predict what might happen in the event of a failure of the John C. Culver Floodwall that protects a portion of the City of Dubuque from Mississippi River flooding. Suggested Disposition: Receive and File United States Army Corps of Engineers Flood Inundation Modeling -MVM Memo, Staff Memo, Project Management Plan, Presentation USAGE May 2013, 11. Urban Deer Management Plan 2014-2015 City Manager recommending approval of the 2014-2015 Urban Deer Management Plan. Suggested Disposition: Receive and File; Approve Urban Deer Management Plan 2014-2015 - MVM Memo, Staff Memo, Deer Management Plan, Deer Harvest Results, 12. Compensation Package for Non -Bargaining Unit Employees City Manager recommending approval of a compensation package for non -bargaining unit employees for Fiscal Year 2015. RESOLUTION Approving the compensation package for non -bargaining unit employees for Fiscal Year 2015. Suggested Disposition: Receive and File; Adopt Resolution(s) Compensation Package for Non -Bargaining Unit Emplovees-MVM Memo Staff Memo Resolution, 13. Dubuque Main Street, Ltd. Program Agreement City Manager recommending approval of a Program Agreement between Dubuque Main Street Ltd., the City of Dubuque and the Iowa Department of Economic Development, and related resolution. RESOLUTION of Support and financial commitment for the Main Street Program in Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s) Dubuque Main Street LTD Program Agreement - MVM Memo Staff Memo Agreement, Resolution 14. Bunker Hill Pump Station Improvement Project Acceptance City Manager recommending acceptance of the Bunker Hill Pump Station Improvement Project as completed by Portzen Construction and authorizing payment of the contract amount to the contractor. RESOLUTION Accepting the Bunker Hill Pump Station Improvement Project and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) Bunker Hill Pump Station Improvement Project Acceptance -MVM Memo Staff Memo Resolution, Project Certification Letter 15. Special Assessments - Snow Removal and Right -of -Way Obstruction for 2013-2014 City Manager recommending establishing the final schedule of assessments for the 2013-2014 snow removal from City right-of-way 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) 2013-2014 Snow Removal Assessments -MVM Memo Staff Memo, Resolution and Notice Schedule of Assessments, 16. Plat of Survey -Jelinske Addition Zoning Advisory Commission recommending approval of the Final Plat for the Jelinske Addition (Lorelei Lane) subject to waiving the lot frontage for Lots 1 and 2. RESOLUTION Approving the Plat of Survey of Jelinske Addition in Dubuque, County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Commission Letter, Applicant Materials, Staff Materials, Resolution, 17. Iowa Department of Transportation (IDOT) - Conveyance of Property City Manager transmitting signed patents from the Iowa Department of Transportation conveying four tracts of land to the City of Dubuque related to the Intermodal Transportation Center. Suggested Disposition: Receive and File IDOT Patents 18. Iowa Department of Natural Resources - E. B. Lyons Maintenance Shop Service Contract City Manager recommending approval of a contract between the City of Dubuque and the Iowa Department of Natural Resources related to a new IDNR maintenance shop that will be built to service the E.B. Lyons Interpretive Center and the Mines of Spain State Recreation Area. RESOLUTION Authorizing Service Contract with the Iowa Department of natural Resources for Compensation of Design Services for E.B. Lyons Maintenance Shop Suggested Disposition: Receive and File; Adopt Resolution(s) E.B. Lyons Maintenance Shop Service Contract -MVM Memo, Staff Memo, Draft IDNR Contract Resolution, 19. Dubuque Metropolitan Area Solid Waste Agency (DMASWA) Correspondence from the Dubuque Metropolitan Area Solid Waste Agency (DMASWA) notifying the City of the Agency's Fiscal Year 2014 fee schedule. Suggested Disposition: Receive and File DMASWA Fee Schedule 20. Old Town Neighborhood Historic District City Manager recommending approval to release a Request for Proposals for consultant services to assist the City with preparing a National Register of Historic Places nomination for the Old Town Neighborhood Historic District. Suggested Disposition: Receive and File; Approve RFP for NRHP Nomination of Old Town Historic District -MVM Memo Staff Memo Staff Materials, 21. Human Rights Department FY 2013 Annual Report City Manager transmitting the Fiscal Year 2013 Annual Report for the Human Rights Department. Suggested Disposition: Receive and File Human Rights Department FY2013 Annual Report -MVM Memo Staff Memo Human Rights FY2013 Annual Report, 22. Civil Service Commission Civil Service Commission submitting the certified lists for the positions of Fire Chief and Equipment Mechanic. Suggested Disposition: Receive and File; Make Matter of Record Fire Chief List, Equipment Mechanic List, 23. Long Range Planning Advisory Commission Commissioner Richard Van Iten submitting his resignation from the Long Range Planning Advisory Commission. Suggested Disposition: Receive and File; Accept Resignation Van Iten Resignation Letter, 24. Signed Contracts Dubuque by Carriage 10th Amendment to Lease Agreement; Westrum Leak Detection, Inc. for a computerized water distribution system leak detection survey Suggested Disposition: Receive and File Dubuque by Carriage Amendment, Westrum Contract, 25. Tobacco Compliance — Civil Penalty for Tobacco License Holders - Kwik Star #495 City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for Kwik Star #495, 2685 Dodge Street. Suggested Disposition: Receive and File; Approve Kwik Star #495 Tobacco Compliance Agreement -MVM Memo, Staff Memo, Agreement, 26. Alcohol Compliance Civil Penalty for Alcohol License Holders — Kwik Star #495 City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Kwik Star #495, 2685 Dodge Street. Suggested Disposition: Receive and File; Approve Kwik Star #495 Alcohol Compliance Agreement -MVM Memo, Staff Memo, Agreement 27. Business License Refund Request by Eddie Hwang for a refund of the liquor license LC0035121 for Taiko Restaurant located at 2155 S. Park Ct. in the amount of $633.75. Suggested Disposition: Receive and File; Refer to City Clerk Liquor License Refund Request, 28. 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 Changed Licenses and Permits Suggested Disposition: Receive and File; Adopt Resolution(s) Liquor License Renewals -MVM Memo, Staff Memo, Liquor 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. Spahn and Rose Lumber Co. - Development Agreement Proof of publication on notice of public hearing to consider approval of a Development Agreement between the City of Dubuque and Spahn and Rose Lumber Co. providing for the issuance of Urban Renewal Tax Increment Revenue Grant Obligations and the City Manager recommending approval. RESOLUTION Approving a Development Agreement with Spahn and Rose Lumber Co., providing for the issuance of Urban Renewal Tax Increment Revenue Grant Obligations Suggested Disposition: Receive and File; Adopt Resolution(s) Spahn & Rose Lumber Co. Development Agreement -MVM Memo, Staff Memo, Resolution Development Agreement, Elevation Designs Final Plan, 2. Unified Development Code Text Amendment - Title 16 Fringe Area Development Standards Proof of publication on notice of public hearing to consider a request by the City of Dubuque to amend Title 16-11-7 of the Unified Development Code to add Fringe Area Development Standards and the City Manager recommending approval. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by Amending Article 11-7 Application Requirements and Review Process to add Fringe Area Development Standards for Subdivisions Within Two -Miles of the City of Dubuque Corporate Limits Suggested Disposition: Receive and File; Motion B; Motion A Commission Letter, Staff Materials Ordinance Map 3. Unified Development Code Text Amendment - Title 16 Jurisdictional Subdivision Review Authority Proof of publication on notice of public hearing to consider a request by the City of Dubuque to amend Titlel6-11-2 of the Unified Development Code to reference Iowa Code Section 354.9 and Two -Mile Extra Jurisdictional Subdivision Review Authority and the City Manager recommending approval. ORDINANCE Amending City of Dubuque Code of Ordinances Title 16 Unified Development Code, Chapter 11 Land Subdivision, Section 2 Applicability by Referencing Iowa Code Section 354.9 Suggested Disposition: Receive and File; Motion B; Motion A Commission Letter Staff Materials, Ordinance, 4. Fiscal Year 2014 Second Budget Amendment Proof of publication on notice of public hearing to consider approval of the Fiscal Year 2014 Second Budget Amendment and the City Manager recommending approval. RESOLUTION Amending the current budget for the Fiscal Year ending June 30, 2014. Suggested Disposition: Receive and File; Adopt Resolution(s) Fiscal Year 2014 Second Budget Amendment -MVM Memo Staff Memo Resolution, Amendment Detail 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. Code of Ordinance Amendment - Title 14 Residential Parking Permit Program City Manager recommending approval of an amendment to City Ordinance 9-14-321.722: Residential Parking Permit Program, adding a provision which outlines the procedure for amendments to an existing Residential Parking Permit District. ORDINANCE Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Parking, Division 7 Residential Parking Permit Program, Section 9-14-321.722 Residential Parking Permit Program Established by adding a provision which outlines the Procedure for Amendments to a Residential Parking Permit District Suggested Disposition: Receive and File; Motion B; Motion A Residential Parking Permit Program Proposed Amendment -MVM Memo Staff Memo Ordinance, Effect of Amendment, 2. Environmental Stewardship Advisory Commission Environmental Stewardship Advisory Commission requesting approval and concurrence of the Commission's goals and priorities for the next 18 months. Suggested Disposition: Receive and File; Council Commission Letter, Strategic Planning & Goals, 3. National Infrastructure Investments (TIGER 6) Grant Application City Manager recommending approval to submit an application to the U.S. Department of Transportation for the National Infrastructure Investments (TIGER 6) Grant to assist in funding a portion of the 14th Street Railroad Overpass and the Bee Branch Bike -Pedestrian Railroad Overpass projects and names the City Manager as the authorized grant representative and administrator. RESOLUTION Approving application for National Infrastructure Investments (TIGER 6) Discretionary Grant funding for the proposed 14th Street Railroad Overpass and the Bee Branch Bike -Pedestrian Railroad Overpass projects Suggested Disposition: Receive and File; Adopt Resolution(s) 14th Street Overpass -Tiger Grant Approval -MVM Memo, Staff Memo, Resolution, Concept Renderings, 4. HMA Resurfacing Project - White Street from 11th Street to 21st Street Project Award City Manager recommending award of the White Street HMA Resurfacing with Milling Project from 11th to 21st Street to the low bidder River City Paving. RESOLUTION Awarding the public improvement contract for the White Street HMA Resurfacing with Milling Project from 11th to 21st Street (Iowa DOT Project No. NHSN-052-2(132)--2R-31) Suggested Disposition: Receive and File; Adopt Resolution(s) White Street Resurfacing Protect Award -MVM Memo, Staff Memo Resolution, Bid Tab, 5. Dubuque Intermodal Transportation Center - Project Award City Manager recommending award of the contract for the Dubuque Intermodal Transportation Center to the low bidder Conlon Construction. RESOLUTION Awarding Public Improvement Contract for the Dubuque Intermodal Transportation Center Suggested Disposition: Receive and File; Adopt Resolution(s) Dubuque Intermodal Transportation Center Construction Bid Award -MVM Memo, Staff Memo, Resolution 6. Request for Work Session - Payday Lenders City Manager recommending that the City Council schedule a work session for May 19, 2014 at 5:15 p.m. regarding payday lenders. Suggested Disposition: Receive and File; Council Scheduling Work Session on Payday Lenders -MVM Memo, City Manager's Memo of 3/17 Meeting, Staff Memo, Staff Memo of 3/17 Meeting Staff Materials, Map 1 Map 2 Map 3, Map 4, Citizen Input, 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