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5 5 14 City Council AgendaROLL CALL ORDER FOR MEETING OF 5/5/2014 Braig, Buol, Connors, Jones, Lynch, Resnick, Sutton CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING Historic Federal Building 350 W. fith Street May 5, 2014 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 Upper Bee Branch Creek Restoration Project - Landscaping Plan Upper Bee Branch Creek Restoration Project Landscaping Plan -MVM Memo Staff Memo Attachment 1 -Corridor Concept Attachment 2 -Planting and Aesthetics art 1 Attachment 3 -Planting and Aesthetics art 2 REGULAR SESSION 6:30 PM PLEDGE OF ALLEGIANCE PROCLAMATION (S) 1. kids to Parks Day (May 17, 2014) }(Iris to P Alfas Day P rrui trn tint 2. Bike to WbrkVlkek(May 12-16, 2014) Biketo Work Weak Prodamation, 3. Mental Health Month (MW 2014) jyjentel HeAIth Mnnth Prnriemetinrt 4. Preservation Month (May 2014) Preservation Month Prodamation 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 Reports Submitted Oily Council Proceedings of 4/21, Community Development Advisory Commission of 4/23, Historic Preservation Commission of 4/17, Housing Commission of 3/25, Human Rights Commission of 3/10, Investment Oversight Advisory Commission of 4/23, Long Range Planning Advisory Commission of 4/16, Sister City Relationships Advisory Commission of 4/16, Zoning Board of Adjustment of 4/24, Proof of Publication for City Council Proceedings of 4/7 Suggested Disposition: Receive and File City Council 4171 CDAC 4!23 JtistoricP reservation 4/17 Housing Commission 3!25 J-Iuman Riahts3/10 IOAG 4tn, Jam, Rance Planning 4/16 Sister Cil 4/16 Zoning Board of Adjustment 4/24 P roof - Cit Council 4/7, 2. Notice of Claims and Suits Danny Boleyn for property damage, Gina Harkey for property damage, Sondra Koch for property damage, McCrea vs City of Dubuque for gender discrimination, Amy Muchmore for vehicle damage, Jeffry Pottsfor vehicle damage, Amy Zirtman for personal injury Suggested Disposition: Receive and F ile; Refer to City Attorney Pg. 1 Boleyn Claim Harkey Claim Koch Claim McCrea Suit Muchmore Claim Potts Claim Zirtzman Claim 3. Disposition of Claims Danny Boleyn for property damage, Sondra Koch for property damage, Gina Harkey for property damage, Amy Muchmore for vehicle damage, Jeffry Potts for vehicle damage, and Amy Zirtzman for personal injury. Suggested Disposition: Receive and File; Concur ICAP Claims 4. Riverview Center Correspondence from Faye Clark, Executive Director of the Riverview Center, thanking the City Council for the Purchase of Services grant to support a sexual assault therapist position. Suggested Disposition: Receive and File Riverview Center Letter 5. Volunteer Hall of Fame Recognition City Manager transmitting information about AmeriCorps Partners in Learning Member Becca Johnson being inducted into the State of Iowa Volunteer Hall of Fame. Suggested Disposition: Receive and File Iowa Volunteer Hall of Fame Recognition -MVM Memo Staff Memo Photo - Becca Johnson w Governor 6. Washington Neighborhood Intersection Painting Project at 16th and Washington Streets City Manager recommending approval of a street intersection painting project at 16th and Washington Streets. Suggested Disposition: Receive and File; Approve Washington Neighborhood Intersection Painting Proiect at 16th and Washington Streets -MVM Memo Staff Memo Washington Neighborhood Memo 16th Street Mural Design NeighborWorks America Bloq WN Marketing Plan 18th & Washington Photo Collage 7. Community Development Block Grant (CDBG) -Amendment 2 City Manager recommending approval of the Fiscal Year 2014 Annual Action Plan Amendment 2 for the Community Development Block Grant (CDBG) program, which provides for an amendment to the Fiscal Year 2013 and Fiscal Year 2014 Annual Action Plans by reallocating funds from the prior Fiscal Year 2013 Annual Plan into the Fiscal Year 2014 Annual Plan and reprogramming funds for existing and new projects. RESOLUTION Approving Fiscal Year 2014 (Program Year 2013) Annual Action Plan Amendment 2 for Community Development Block Grant (CDBG) Funds Suggested Disposition: Receive and File; Adopt Resolution(s) Community Development Block Grant Amendment 2 -MVM Memo Staff Memo Resolution Exhibit A - FY14 CDBG Amendment 2 8. Quarterly Investment Report City Manager transmitting the Quarterly Investment Report for March 31, 2014. Suggested Disposition: Receive and File March 31, 2014 Quarterly Investment Report -MVM Memo Staff Memo Cash Investments and Investment Earnings Summary Schedule of City Funds Monthly Investment Summary Schedule of Certificates of Deposit and Accrued Interest 9. Notices of Expiration of Right of Redemption City Manager recommending approval for any attorney in the City Attorney's office to sign Notices of Expiration of Right of Redemption. RESOLUTION Authorizing the Attorneys in the City of Dubuque City Attorneys Office to sign Notices of Expiration of Right of Redemption Suggested Disposition: Receive and File; Adopt Resolution(s) Authorization to Sign Notice of Expiration of Right of Redemption -MVM Memo Staff Memo Resolution 10. Public Transit Infrastructure Grant (PTIG) - Bus Storage Facility City Manager recommending approval to move forward with an application to the Public Transit Infrastructure Grant program to seek additional funding for the Bus Storage Facility. Pg. 2 RESOLUTION Approval of grant application to Public Transit Infrastructure Grant (PTIG) Program for Bus Storage Facility Suggested Disposition: Receive and File; Adopt Resolution(s) Public Transit Infrastructure Grant for Bus Storage Facility -MVM Memo Staff Memo Resolution Grant Application, 11. 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. RESOLUTION Approval of grant application to Iowa DOT for consolidated funding Suggested Disposition: Receive and File; Adopt Resolution(s) Consolidated Funding Application for The Jule -MVM Memo Staff memo Authorizing Resolution Consolidated Funding Application 12. Housing Enterprise Zone Agreement - 253 Main St. City Manager recommending approval of a Housing Enterprise Zone Program Agreement by and among the Iowa Economic Development Authority, the City of Dubuque and Ken Oberbroeckling for Housing Enterprise Zone benefits related to the redevelopment of 253 Main Street. RESOLUTION Approving a Housing Enterprise Zone Program Agreement by and among the Iowa Economic Development Authority, the City of Dubuque and Ken Oberbroeckling Suggested Disposition: Receive and File; Adopt Resolution(s) Enterprise Zone Agreement for 253 Main Street -MVM Memo Staff Memo Resolution 13. Iowa Department of Transportation Acceptance of Patent - Lots at Intermodal Facility Property City Manager recommending acceptance of Patents from the State of Iowa conveying excess state right-of-way properties along Elm Street between 9th and 11th Street. RESOLUTION Accepting a conveyance of property (Lot 1 of Intermodal Place No. 1 in the City of Dubuque, Dubuque County, Iowa) RESOLUTION Accepting a conveyance of property (Lot 1 of Lot 1 of Lot 2 of Lot 3 of City Lot 505 and Lot 1 of Intermodal Place No. 2 in the City of Dubuque, Dubuque County, Iowa) RESOLUTION Accepting a conveyance of property (Lot 1 of Intermodal Place No. 3 in the City of Dubuque, Dubuque County, Iowa) Suggested Disposition: Receive and File; Adopt Resolution(s) Acceptance of Patent-IDOT Lots at Intermodal Facility Property -MVM Memo Staff Memo Resolution Lot 1 Intermodal Place 1 Recorded Patent Lot 550 and Lot 1 Intermodal Place 2 Recorded Plat Lot 1 Intermodal Place 3 Recorded Patent Location Map - Intermodal Lots 14. Iowa Department of Transportation - Acceptance of Patent for Bluff Street Lot City Manager recommending acceptance of a Patent from the State of Iowa conveying excess state right-of-way property on Bluff Street. RESOLUTION Accepting a conveyance of property (Lot 1 of Pixler Place No. 2 in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Acceptance of Patent-IDOT Lot on Bluff Street -MVM Memo Staff Memo Resolution Lot 1 Pixler Place Recorded Patent Location Map 15. Rockfarm Holdings, Inc. City Manager recommending authorization of the submission of an Economic Development Assistance Contract by Rockfarm Holdings, Inc., the City of Dubuque and the Iowa Economic Development Authority. RESOLUTION Authorizing the execution of an Economic Development Assistance Contract by and between Rockfarm Holdings, Inc., the City of Dubuque and the Iowa Economic Development Authority for the Construction of Company Headquarters in Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s) I EDA Contract with Rockfarm Holdings, Inc. -MVM Memo Staff Memo Resolution Contract Pg. 3 Changed 16. Health Choices Administrative Services Fee City Manager recommending approval of Amendment VI to the Administrative Services Agreement with Health Choices effective July 1, 2014 through June 30, 2016. Suggested Disposition: Receive and File; Approve Health Choices Administrative Services Fee -MVM Memo Staff Memo Amendment VI Administrative Service Agreement 17. Area Residential Care, Inc., (ARC) -Vocational Services Agreement City Manager recommending approval of the Area Residential Care, Inc., Vocational Services Agreement for 2014 for the cleanup of litter and raking of playground safety surfaces at four department locations. Suggested Disposition: Receive and File; Approve ARC Vocational Services Aareement-MVM Memo Staff Memo Agreement, 18. Fiber Optic Cable Facilities Agreement with Dubuque County City Manager recommending approval of a Fiber Optic Cable Facilities Agreement between the City of Dubuque and Dubuque County that will provide network connectivity from the Historic Federal Building to the Dubuque County Courthouse. Suggested Disposition: Receive and File; Approve Fiber Optic Cable Facilities Agreement with Dubuque County -MVM Memo Staff Memo Agreement 19. Pre -Annexation Agreement -Jelinske City Manager recommending approval of a Pre -Annexation Agreement with James and Laura Jelinske in accordance with the Fringe Area Development Policy. RESOLUTION Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa, and James L. and Laura V. Jelinske Suggested Disposition: Receive and File; Adopt Resolution(s) Jelinske Pre -Annexation Agreement -MVM Memo Staff Memo Resolution Agreement Map 20. Inclusive Dubuque - Contracted Services Agreement City Manager recommending approval of a Contracted Services Agreement with Inclusive Dubuque. Suggested Disposition: Receive and File; Approve FY14-15 Inclusive Dubuque Contracted Services Agreement- MVM Memo Staff Memo FY14-15 Inclusive Dubuque Contracted Services Agreement 21. Spark vs. City of Dubuque City Attorney recommending approval of a settlement related to Spark vs. the City of Dubuque regarding a bankruptcy violation. Suggested Disposition: Receive and File; Approve Staff Memo Reddick Letter 22. Mediacom Communications Company Correspondence from Mediacom Communications Company advising the City of changes in programming taking place on or about June 1, 2014. Suggested Disposition: Receive and File Mediacom Correspondence 23. Enterprise Zone Commission Membership City Manager recommending recognition of the appointments of Peggy Murray (Iowa Workforce Development) and Daniel White (Northeast Iowa Community College) to the Enterprise Zone Commission, and approve the re- appointment of City Manager Michael C. Van Milligen to serve on the Commission. Suggested Disposition: Receive and File; Approve Enterprise Zone Commission Appointments -MVM Memo Staff Memo Daniel White Reappointment Letter Peggy Murray Reappointment Letter 24. Signed Contracts Dittmer Recycling 2nd Amendment to Agreement for processing and marketing of recyclables; Suggested Disposition: Receive and File Pg. 4 Dittmer Recycling Contract Amendment, 25. Alcohol Compliance Civil Penalty for Alcohol License Holders — Lot 1 City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Lot 1, 100 Main Street. Suggested Disposition: Receive and File; Approve Lot One Alcohol Compliance Agreement -MVM Memo Staff Memo Agreement 26. 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 Liquor Resolution ITEMS TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for afuture public hearing on the date indicated. 1. E.B. Lyons Interpretive Area Expansion Project City Manager recommending initiation of the bidding process for the E.B. Lyons Interpretive Area Expansion Project, and further recommends that a public hearing be set for May 19, 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 Resolution(s), Set Public Hearing 5/19/14 E.B. Lyons Interpretive Area Expansion Protect -MVM Memo Staff Memo Resolution and Notice of Hearing Notice to Bidders Map 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. Electrical Code Board Two 3-yearterms through May 21, 2017 (Expired terms of Dixon and Wilson) Applicants: James Dixon, 2505 Marquette PI. David Wlson, 2918 Washington St. Boards Overview Sheet Latest Listings Vacancies List Electrical Board Applications PUBLIC HEARINGS Changed 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. Water Treatment Plant North Softening Basins Rehabilitation Project City Manager recommending rescinding Resolution No. 107-14, give preliminary approval to the specifications for the Water Treatment Plant North Softening Basins Rehabilitation Project, and establish May 19, 2014 as the date for the public hearing on the specifications for this project. RESOLUTION Preliminary approval of the specifications, form of contract, and estimated cost; setting date of public hearing on the specifications, form of contract, and estimated cost; and ordering the advertisement for bids Suggested Disposition: Receive and File; Adopt Resolution(s), Reset Public Hearing to 5/19/14 Water Treatment Plant North Softening Basin Rehabilitation -MVM Memo Staff Memo Resolution No. 107-14, Resolution - Preliminary Approval Notice to Bidders Proof of Publication 2. SRF Green Alley Project - Bid Set 4 Proof of publication on notice of public hearing to consider approval of plans, specifications, form of contract and estimated cost for the SRF Green Alley Bid Set 4 Project and the City Manager recommending approval. Pg. 5 Changed RESOLUTION Approval of plans, specifications, form of contract and estimated cost for the SRF Green Alley Bid Set 4 Project RESOLUTION With Respect to the adoption of the Resolution of Necessity proposed for the SRF Green Alley Bid Set 4 Project RESOLUTION Approving Schedule of Assessments and estimate of total cost for the SRF Green Alley Bid Set 4 Project Suggested Disposition: Receive and File; Adopt Resolution(s) SRF Green AIIey Project -Bid Set 4 -MVM Memo Staff Memo Resolutions Income Guidelines Green AIIey Mailer Assessment Schedule 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. Pre -Annexation Requirement Waiver Request -Jon Luckstead Plat Correspondence from Jon Luckstead appealing the City Council's decision to require a pre -annexation agreement for property located at 10496 Ironwood Drive in Tamarack Business Park and further requesting to address the City Council. City Manager recommending that the City Council require the Pre -Annexation Agreement in accordance with the Fringe Area Development Standards. Suggested Disposition: Receive and File; Council Luckstead Correspondence 4/28/14 Pre -Annexation Requirement Waiver Request of Jon Luckstead-MVM Memo Ordinance 31-14 Staff memo 4/29/14 City Manager's Memo 3/17/14 Mta. Staff Memo 3/17/14 Mta. Luckstead Correspondence 3/12/14 Pre -Annexation Requirement - Attorney's Opinion 3/17/14 Mtq. Applicant Materials 3/17/14 Mtg. Staff Materials 3/17/14 Mtq. Pre -Annexation Agreement 3/17/14 Mtq. 2. Citizen Petition - Support of Minimum Wage Increase Tom Johnson of the Dubuque Catholic Worker House submitting a citizen petition requesting a City Council resolution supporting an increase in the state minimum wage to $10.10 an hour and index it to the cost of living. Suggested Disposition: Receive and File; Council Petition 3. Dubuque Racing Association - Purchase Hilton Garden Inn Hotel City Manager recommending approval of a request from the Dubuque Racing Association to purchase the Hilton Garden Inn Hotel. RESOLUTION Authorizing the DRA to make alterations to the facilities in excess of ten thousand dollars ($10,000), finance capital improvements by incurring debt and using future fund dollars as part of a downpayment to facilitate an Asset Purchase Agreement for substantially all of the assets of Dubuque Casino Hotel, LLC., including but not limited to the Hilton Garden Inn and Houlihan's Restaurant assets and operations. Suggested Disposition: Receive and File; Adopt Resolution(s) DRA Request to Purchase Hilton Garden Inn Hotel -MVM Memo Information from Dubuque Racing Association Resolution 4. Prairie Farms Water Usage Agreement City Manager recommending approval of an agreement with Prairie Farms Dairy for a substantial increase in the amount of City water they use in the plant. Suggested Disposition: Receive and File; Approve Prairie Farms Water Usage Agreement -MVM Memo Supporting Documentation 5. Sales Tax Increment Revenue Bonds Series 2014A City Manager recommending approval of the form and distribution of a preliminary official statement relating to the offering and sale of Sales Tax Increment Revenue Bonds, Second Lien Series 2014A. RESOLUTION Approving form and distribution of a Preliminary Official Statement relating to the offering and sale of Sales Tax Increment Revenue Bonds (unlimited property tax supported), Second Lien Series 2014 Pg. 6 Changed Suggested Disposition: Receive and File; Adopt Resolution(s) Series 2014A Sales Tax Increment Revenue Bond POS -MVM Memo Staff Memo Bond Counsel Letter Resolution Preliminay Official Statement - POS 6. J. Thomas Zaber vs. City of Dubuque - Franchise Fee Litigation City Attorney recommending approval of a settlement agreement for J. Thomas Zaber vs. City of Dubuque, and City Manager recommending approval to request Alliant Energy, Maquoketa Valley Electric and Black Hills Energy to agree to amend the Franchise Agreements to allow for a 5% Utility Franchise Fee. RESOLUTION Approving a Settlement Agreement in J. Thomas Zaber, Et. Al V. City of Dubuque, Iowa, Iowa District Court for Dubuque County, Case No. CVCV054663 Suggested Disposition: Receive and File; Adopt Resolution(s) Zaber/Franchise Fee Litigation -MVM Memo Staff Memo Settlement Agreement Resolution 7. Greater Dubuque Development Corporation Board Membership Correspondence from Rick Dickinson, President and CEO of Greater Dubuque Development Corporation (GDDC) requesting confirmation of the Mayor and two City Council members for membership on the GDDC Board of Directors from July 1, 2014 through June 30, 2015. Suggested Disposition: Receive and File; Council GDDC Letter 8. Request for Work Session - Chaplain Schmitt Island Master Plan City Manager requesting that the City Council schedule a work session on the Chaplain Schmitt Island Master Plan for Monday, June 2, 2014 at 5:00 p.m. Suggested Disposition: Receive and File; Council Chaplain Schmitt Island Master Plan Work Session Request -MVM Memo Staff Memo COUNCIL MEMBER REPORTS PUBLIC INPUT Changed 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. 7