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7 6 15 City Council Agenda ROLL CALL ORDER FOR MEETING OF July 6, 2015 Bull, Suttone Jones, B21g, Resnick, Connors, Lynch CITY OF DUBUQUE IOWA �y OF Ov CITY COUNCIL MEETING t 0 Historic Federal Building EE 350 W 6[b Street 0 , " July 6,2015 0 1i� F dF Council meemngs are video streamed live and archived at voomeci[yoftlubuqueorg/metlia and on Dubuque's CM1yCbannel on the Metliacom cable system at Channel (analog) and 85.2 (tligitap. SPECIAL SESSION 1. 5:30 PM Closed Session - Professional Evaluations - Chapter 21.5(1)Q) Code M Iowa RE GUI-AR SESSION 6:30 PM PLEDGE OF ALLEGIANCE CONSENT ITEMS The consent agenda items are considered to be Future and noncontroversial and all consent items will be normally voDd upon In a single motion wltlnoutany separate discussion on a particular Item Jf youwould like to discuss one of the Consent Items, please go to tine microphone and be recognized by tine Mayor and statethe item youwould like removed from the Consent Agenda for separate discussion and consideration. 1. Minutes and Reports Subm iftetl Arts and Cultural Affairs Advisory Commisslon of 6/23', Clby Council Proceedings 16/15 Civil SeMce Com misalon of Bee Community Development Advisory Com misslon of 6/17 Hdual no Code Appeals Boom of 519', IJbrary Board of Trustee Uptlate 15/28 Pmet of publication for City Council Proceedings 16/1 Suggested DisposiEon: Receive and File 2. hence of Claims and Suits Eric Evers for vehicle damage; Shane Flesher for property dam age Ashley Kohnen for vehicle damage; David Lynn for vehicle damage; Tim Mueller for monetary loss Fontlell Excavating, Inc. vs. City of Dubuque Suggested DisposiEon: Receive and File; Refer W City Attorney 3. Disposition 0 Claims City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the oma Com munit es Assurance Pool. Shane Fearer for property damage; Ashley Kohnen for vehicle damage; David Lynn for vend e dam age Madonna Parker for property dam age Suggested DisposiEon: Receive and File; Concur 0. Contracted S ervices Agreement -Alm ost Hom a at St.John's City Manager recommending approval of the Contracted Services Agreement with Almost Home at At John's for Fiscal Year 2016 Suggested DisposiEon: Receive and File; Approve B. Purchase 0 Services Grant Agreement- Bell Tower Productions City Manager recommending approval of the Purchase of Services Grant Agreementwlou Bell Tower Productions for Fiscal Year 2016 Suggested DisposiEon: Receive and File; Approve 6. Purchase 0 Services Grant Agreement- Dubuque Community YMCA/YWCA City Manager recommending approval of the Purchase of Services Grant Agreementwlou Dubuque Community YMCA/YWCA Victim Services Shelter for Fiscal Year 2016. Suggested Disposition: Receive and File; Approve 7. Purchase of Services Grant Agreement- Dubuque County Extension City Manager recommending approval of a Purchase of Services Grant Agreement with Dubuque County ISU Extension for Fiscal Year 2016. Suggested Disposition: Receive and File; Approve 8. Contracted Services Agreement- Hills and Dales Lifetime Center City Manager recommending approval of the Contracted Services Agreement with Hills and Dales Senior Center Lifetime Program for Fiscal Year 2016. Suggested Disposition: Receive and File; Approve 9. Purchase of Services Grant Agreement- Four Mounds Foundation City Manager recommending approval of a Purchase of Services Grant Agreement with Four Mounds Foundation. Suggested Disposition: Receive and File; Approve 10. Purchase of Services Grant Agreement- Helping Services for Northeast Iowa City Manager recommending approval of the Purchase of Services Grant Agreement with Helping Services of Northeast Iowa for Fiscal Year 2016. Suggested Disposition: Receive and File; Approve 11. Purchase of Services Grant Agreement- Lutheran Services in Iowa City Manager recommending approval of the Purchase of Services Grant Agreement with Lutheran Services in Iowa for Fiscal Year 2016. Suggested Disposition: Receive and File; Approve 12. Purchase of Services Grant Agreement- Northeast Iowa School of Music City Manager recommending approval of a Purchase of Services Grant Agreement with Northeast Iowa School of Music for Fiscal Year 2016. Suggested Disposition: Receive and File; Approve 13. Purchase of Services Grant Agreement-Opening Doors City Manager recommending approval of the Purchase of Services Grant Agreement with Opening Doors for Fiscal Year 2016. Suggested Disposition: Receive and File; Approve 14. Purchase of Services Grant Agreement- Project Concern 2-1-1 City Manager recommending approval of the Purchase of Services Grant Agreement with Project Concern to assist Project Concern's 211 Center for Fiscal Year 2016. Suggested Disposition: Receive and File; Approve 15. Purchase of Services Grant Agreement- Project Concern Foster Grandparent Program City Manager recommending approval of the Purchase of Services Grant Agreement with Project Concern to partially fund the Foster Grandparent Program for Fiscal Year 2016. Suggested Disposition: Receive and File; Approve 16. Purchase of Services Grant Agreement- Retired and Senior Volunteer Program City Manager recommending approval of the Purchase of Services Grant Agreement with the Retired and Senior Volunteer Program (RSVP) for Fiscal Year 2016. Suggested Disposition: Receive and File; Approve 17. Purchase of Services Grant Agreement- Riverview Center City Manager recommending approval of the Purchase of Services Grant Agreement with Riverview Center for Fiscal Year 2016. Suggested Disposition: Receive and File; Approve 18. Purchase of Services Grant Agreement-St. Mark Youth Enrichment City Manager recommending approval of the Purchase of Services Grant Agreement with St. Mark's Youth Enrichment for Fiscal Year 2016. Suggested Disposition: Receive and File; Approve 19. Contracted Services Grant Agreement-Washington Tool Library City Manager recommending approval of the Contracted Services Grant Agreement with the Washington Tool Library for Fiscal Year 2016. Suggested Disposition: Receive and File; Approve 20. Dubuque Regional Humane Society Contract Renewal City Manager recommending approval of a new five-year agreement with the Dubuque Regional Humane Society beginning July 1, 2015. Suggested Disposition: Receive and File; Approve 21. Lowell Street Water Main, Sanitary and Storm Sewer Improvements Project Award City Manager recommending award of the construction contract for the Lowell Street Water Main, Sanitary and Storm Sewer Improvements Project (Abbott to Woodworth) to the low bidder, Drew Cook& Sons Excavating, Inc. RESOLUTION Awarding Public Improvement Contract for the Lowell Street (Abbott to Woodworth)Water Main, Sanitary & Storm Sewer Improvements Project 2015 Suggested Disposition: Receive and File; Adopt Resolution(s) 22. Acceptance of Grant of Easement -411 N. Grandview Avenue City Manager recommending acceptance of the dedication of Grant of Easement for Underground Electric, Fiber Optic Cable, Traffic Signals& Other Appurtenances and Sidewalk from Kristin A. Smith across a portion of 411 Grandview Avenue. RESOLUTION Accepting a Grant of Easement for Underground Electric, Fiber Optic Cable, Traffic Signals & Other Appurtenances and Sidewalk Through, Over and Across Part of Lot 99 in Woodlawn Park Subdivision, City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 23. Davis Place - Permanent Shoring System Anchoring Easement City Manager recommending acceptance of a Permanent Shoring System Anchoring Easement across a portion of 511 Garfield Avenue that will facilitate the construction and on-going maintenance of the utility. RESOLUTION Accepting a grant of permanent shoring system anchoring easement through, over and across part of Lot 3 in Davis Place II, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 24. 429 Rhomberg Avenue Project Acceptance City Manager recommending acceptance of the construction contract for the 429 Rhomberg Building Stabilization Project as completed by R&W Restoration. RESOLUTION Accepting the 429 Rhomberg Demolition and Building Stabilization Project and authorizing the payment to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 25. Code of Ordinances -Adoption of Supplement No. 18 City Clerk recommending adoption of Supplement No. 18 to the City of Dubuque Code of Ordinances, which codifies Ordinance Nos. 1-15 through 8-15, 11-15, 12-15, 26-15, 27-15, and 28-15 as adopted by the City Council through April 2015. RESOLUTION Adopting Supplement No. 18 to the Code Of Ordinances of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 26. U.S. Army Corp of Engineers (USACE) - Mississippi River Master Plan & River Project Input City Manager recommending approval to submit the City of Dubuque's input during revision and updating of the Mississippi River Master Plan by the U.S. Army Corps of Engineers (USACE), Rock Island District. Suggested Disposition: Receive and File; Approve 27. Civil Service Commission Civil Service Commission submitting the Certified Lists for the positions of Environmental Coordinator, Planning Technician and Transit Operations Supervisor. Suggested Disposition: Receive and File; Make Matter of Record 28. Audubon School Right-of-Way Plat City Manager recommending approval of the Acquisition Plat for right-of-way east of Lincoln Avenue abutting the Audubon School property and acceptance of the dedication of said lots to the City of Dubuque for right-of-way purposes in association with the Bee Branch Creek Restoration Project. RESOLUTION Approving the Acquisition Plat of Lot B of Lot 2 of Mineral Lot 314 and Lot B of Lot 3 of Mineral Lot 314 in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 29. Bee Branch Creek Restoration Project, Utility Occupancy License for the Installation of Sanitary Sewer and Fiber Conduit City Manager recommending approval of the execution of a Utility Occupancy License Agreement with Dakota, Minnesota & Eastern Railroad Corporation as part of the Bee Branch Creek Restoration Project. RESOLUTION Authorizing the Utility Occupancy License Agreement made and entered into by and between the City of Dubuque, Iowa and Dakota, Minnesota & Eastern Railroad Corporation, doing business as Canadian Pacific Suggested Disposition: Receive and File; Adopt Resolution(s) 30. Bee Branch Creek Restoration Project- Federal Aid Agreement for Transportation Alternatives Program Funding City Manager recommending authorization to enter into an agreement with the Iowa Department of Transportation in order to utilize Transportation Alternatives Program funding for the Lower Bee Branch Overlook at the 16th Street Detention Basin and Trailhead Parking (at 22nd Street) for the Mississippi River Trail as part of the larger Bee Branch Creek Restoration Project. RESOLUTION Approving the Transportation Alternatives Program Funding Agreement between the Iowa Department of Transportation and the City of Dubuque, Iowa, for the Lower Bee Branch Overlook at 16th Street Detention Basin and trailhead parking for the Mississippi River Trail Project Suggested Disposition: Receive and File; Adopt Resolution(s) 31. Emergency Communications Center Part-Time Hour Increase City Manager recommending approval to increase the number of part-time hours from 43 to 45 hours per week effective January 1, 2016. Suggested Disposition: Receive and File; Approve 32. Advance of Funds to Greater Downtown TIF District for Fiscal Year 2015 City Manager recommending approval of the suggested proceedings approving an advance of funds for repayment from the Greater Downtown Urban Renewal Tax Increment Revenue Fund and directing the filing of certification. RESOLUTION Approving the advance of funds for repayment from the Greater Downtown District Urban Renewal Tax Increment Revenue Fund and directing the filing of certification under Iowa Code Section 403.19 Suggested Disposition: Receive and File; Adopt Resolution(s) 33. Advance of Funds to Dubuque Industrial Center West TIF District for Fiscal Year 2015 City Manager recommending approval of the suggested proceedings approving an advance of funds for repayment from the Dubuque Industrial Center Urban Renewal Tax Increment Revenue Fund and directing the filing of certification. RESOLUTION Approving the advance of funds for repayment from the Dubuque Industrial Center Urban Renewal Tax Increment Revenue Fund and directing the filing of certification Under Iowa Code Section 403.19 Suggested Disposition: Receive and File; Adopt Resolution(s) 34. Advance of Funds to Technology Park TIF District for Fiscal Year 2015 City Manager recommending approval of the suggested proceedings approving an advance of funds for repayment from the Technology Park Urban Renewal Tax Increment Revenue Fund and directing the filing of certification. RESOLUTION Approving the advance of funds for repayment from the Technology Park Urban Renewal Tax Increment Revenue Fund and directing the filing of certification under Iowa Code Section 403.19 Suggested Disposition: Receive and File; Adopt Resolution(s) 35. Advance of Funds to North Cascade Road Housing TIF District for Fiscal Year 2015 City Manager recommending approval of the suggested proceedings approving an advance of funds for repayment from the North Cascade Road Housing Urban Renewal Tax Increment Revenue Fund and directing the filing of certification. RESOLUTION Approving the advance of funds for repayment from the North Cascade Road Housing Urban Renewal Tax Increment Revenue Fund and directing the filing of certification under Iowa Code Section 403.17 Suggested Disposition: Receive and File; Adopt Resolution(s) 36. Mystique Casino Use of Depreciation and Improvement Funds City Manager recommending approval of a request by the Mystique Casino to use Depreciation and Improvement funds for two projects at the Casino. Suggested Disposition: Receive and File; Approve 37. IDNR Clean Diesel Grant Contract Amendment City Manager recommending Council approval of the Clean Diesel Grant Contract Amendment with the Iowa Department of Natural Resources (IDNR). Suggested Disposition: Receive and File; Approve 38. Housing Affordability City Manager providing information on the housing affordability in Dubuque as compared to other cities in Iowa, including Cedar Falls, Cedar Rapids, Davenport and Iowa City. Suggested Disposition: Receive and File 39. Improvement Contracts / Performance, Payment and Maintenance Bonds Midwest Concrete, Inc. for the 2015 Asphalt Overlay Access Ramp Project Three; Portzen Construction, Inc. for the SRF Green Alley Project Bid Set 1 -Year 3; Tricon General Construction, Inc. for the Upper Bee Branch Creek Channel, Streets & Utilities Project Suggested Disposition: Receive and File; Approve 40. Alcohol Compliance Civil Penalty for Alcohol License Holder—Casey's General Store City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Casey's General Store#2420, 2699 Rockdale Road. Suggested Disposition: Receive and File; Approve 41. Alcohol and Tobacco License Applications City Manager recommending approval of annual liquor, beer, wine and tobacco license applications 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 RESOLUTION Approving applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa Code 453A.47A Suggested Disposition: Receive and File; Adopt Resolution(s) ITEMS SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. 1. Southwest Arterial / English Mill Road Reconstruction Project City Manager recommending initiation of the public bidding process through the Iowa DOT for the English Mill Road Reconstruction - Grading, Bridge and Paving Project, and further recommends that a public hearing be set for July 20, 2015. 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 Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for 7/20/15 2. SRF Green Alley Project Bid Set 3 -Year 3 City Manager recommending initiation of the public bidding process for the SRF Green Alley Bid Set 3 -Year 3 Project, and further recommends that a public hearing be set for August 3, 2015. RESOLUTION Preliminary approval of plats, schedule of assessments and estimate of total cost for the SRF Green Alley Bid Set 3 -Year 3 Project RESOLUTION of Necessity for the SRF Green Alley Bid Set 3 -Year 3 Project RESOLUTION Fixing the date of public hearing on Resolution of Necessity RESOLUTION Preliminary approval of plans, specifications, form on 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 for 8/3/15 BOARDS/COMMISSIONS 1. Boards and Commissions - Review of Applications 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. Building Code Board of Appeals One 3-year term through August 1, 2018 (expired term of Luchsinger) Applicant: Richard Luchsinger, 2875 Brueck Rd. Housing Commission One 3-year term through August 1, 2018 (expired term of McDonell) Applicant: Robert McDonell, 4050 Peru Rd. Housing Trust Fund Advisory Committee One 3-year term through August 1, 2018 (expired term of Hingtgen) Applicant: Doris Hingtgen, 309 Hill St. MAYOR APPOINTMENT Library Board of Trustees One 4-Year term through July 1, 2019 (Vacant term of Boice) Applicant: Patrick Maddux, 1685 Fox Dr. This commission is subject to the State of Iowa Gender Balance Law. 7 Commissioners total; currently 2 males/4 females11 vacancy Transit Advisory Board One 3-year term through July 3, 2018 (expired term of Esser) Applicant: Matt Esser, 90 Main St. Apt. 308 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. SRF Green Alley Project Bid Set 2 -Year 3 Proof of publication on notice of public hearing to consider the approval of the plans, specifications, form of contract, and estimated cost for the SRF Green Alley Project Bid Set 2 -Year 3 and the City Manager recommending approval. RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the SRF Green Alley Bid Set 2 -Year 3 Project RESOLUTION with Respect to the Adoption of the Resolution of Necessity proposed for the SRF Green Alley Bid Set 2 -Year 3 Project RESOLUTION Approving the Schedule of Assessments and estimate of total cost for the SRF Green Alley Bid Set 2 - Year 3 Project Suggested Disposition: Receive and File; Adopt Resolution(s) 2. 2015 Bridge Repairs and Maintenance Project Proof of publication on notice of public hearing to consider approval of plans, specifications, form of contract, and estimated cost for the 2015 Bridge Repairs and Maintenance Project and the City Manager recommending approval. RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the 2015 Bridge Repairs and Maintenance Project Suggested Disposition: Receive and File; Adopt Resolution(s) 3. Vacating Petition for the Alley Between Main Street and Salina Street (SELCO) Proof of publication on notice of public hearing to consider approval of a request by CW Wolff, LLC (SELCO) to vacate a portion of a 20-foot wide alley between Main Street and Salina Street which abuts the SELCO property at 15 S. Main Street and the City Manager recommending approval. RESOLUTION Vacating a portion of an alley between Main St. and Salina St. in Block 13 of Dubuque Harbor Company's Addition to be known as Lot 7A in Block 13 of Dubuque Harbor Company's Addition, in the City of Dubuque RESOLUTION Disposing of City Interest in Lot 7A in Block 13 Dubuque Harbor Company's Addition, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 4. Vacating Petition for the Alley Between Main Street and Salina Street (Crescent Electric) Proof of publication on notice of public hearing to consider approval of a request by Crescent Realty Corporation (Crescent Electric) to vacate a portion of a 20-foot wide alley between Main Street and Salina Street which abuts the Crescent Electric property at the intersection of S. Main Street and Charter Street and the City Manager recommending approval. RESOLUTION Vacating a portion of an alley between Main St. and Salina St. in Block 13 of Dubuque Harbor Company's Addition to be known as Lot 6A in Block 13 in Dubuque Harbor Company's Addition, in the City of Dubuque, Iowa RESOLUTION Disposing of City interest in Lot 6A in Block 13 in Dubuque Harbor Company's Addition, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 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 Ordinances Amendment-Title 10 Park Rangers (Third Reading) City Manager recommending repeal of City Ordinance 10-5A-1 which requires a Park Ranger to be a certified Law Enforcement Officer. ORDINANCE Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 5 Parks and Recreation, Article A Administration by repealing Section 10-5A-1 Park Rangers as park rangers are no longer Certified Law Enforcement Officers Suggested Disposition: Receive and File; Motion B; Motion A 2. HUD Lead Paint Grant Application City Manager recommending approval of an application to the US Department of Housing and Urban Development (HUD) for continuation of the Lead-Based Paint Hazard Control Program throughout the City of Dubuque that includes supplemental funding for Healthy Homes interventions. Staff will provide a brief presentation. RESOLUTION Authorizing the Mayor to execute an application for HUD Lead Paint Hazard Control and Healthy Homes Program Grant Suggested Disposition: Receive and File; Adopt Resolution(s), Presentation 3. Property Acquisition - McFadden Family Partnership City Manager recommending approval of the Offer to Buy Real Estate and Acceptance to purchase a 124.72 acre portion of the McFadden Family Partnership farm. RESOLUTION Approving an Offer to Buy and Acceptance for the acquisition of real estate owned by McFadden Family Partnership in Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 4. Officer AT Home (OATH) Initiative Program City Manager recommending approval of the Officer AT Home (OATH) Initiative Program for Police Officers and Firefighters who own or purchase a single-family owner-occupied property located within the Downtown Urban Renewal District. Suggested Disposition: Receive and File; Approve 5. Code of Ordinances Amendment-Title 10 Sidewalk Cafe Permits City Manager recommending approval of an amendment to Title 10 Chapter 3 Article E Sidewalk Cafe to permit sidewalk cafes in those areas where the cafe is listed as a permitted or accessory use in the zoning district where they are located. ORDINANCE Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 3 Encroachments on Public Places, Article E 1 Definitions and 2 Authorization B, by changing the definition and districts in which sidewalk cafes are prohibited Suggested Disposition: Receive and File; Motion B; Motion A 6. Code of Ordinance Amendment-Title 16 Zoning Advisory Commission City Manager recommending approval of an ordinance that adds a new Section 16-9-1 which establishes the Zoning Advisory Commission and provides for the powers, operation, membership and meetings. ORDINANCE Amending City of Dubuque Code of Ordinances Title 16 Unified Development Code, Chapter 9 Zoning Advisory Commission Applications and Procedures by repealing Section 16-9-1 Zoning Advisory Commission and adopting a new Section 16-9-1 Zoning Advisory Commission in lieu thereof Establishing the Zoning Advisory Commission, Providing for the Powers, Operation, Membership, and Meetings Suggested Disposition: Receive and File; Motion B; Motion A 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 Pursuant to Chapter 21.5(1)(c), -Q) Code of Iowa ADJOURNMENT