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8 3 15 City Council Agenda ROLL CALL ORDER FOR MEETING OF August 3, 2015 Connote, Bull, Sutton, Jones, Resnick, Lynch, Brug CITY OF DUBUQUE, IOWA `4V OF Ep' CITY COUNCIL MEETING F 4 \ Historic Federal Building m 1 C 350 W. 6th Street 0''.. 13^ August 3, 2015 �y f Council meemngs are video streamed live and archived at voomecityoftlubuqueorg/media and on Dubuque's CityCbannel on tine Med acorn cable system at Channel (analog) and 85.2 (digitap. RE GUI-AR SESSION 6:30 PM PLEDGE OF ALLEGIANCE PROCUM TIONS) 1. Hotth Center Week (August 9-15,2015) CONSENT ITEMS The consent agenda Items are considered to be Future and noncontroversial and all consent items will be normally voRtl upon in a single motion wltlheutany separate discussion on a particular item If youwoultl like to discuss one of the Consent Items, please go to the microphone and be recognized by the Mayor and statethe item youwoultl like removed from the Consent Agenda for separate discussion and consideratlen. 1. Minutes and Reports Subm itted Cry Council PmceeOmgs of 7/26', Coil Service Commisslon of n4 (2) Comm unity oeaelopm ent Advisory Com misslon N 7/15 Immshnent oversight Advisory commission of 7/2$ Library Boom of Trustees of 7/16 Paim and Recreation Advisory Com miss ion of]/14', Sister City Relationships AWlsaw Com mission of n5 P met of publication for Cry Council Proceedings of 7/6 Proof of publication for List of Claims and Summary of Revenues for Month Ending 6/36 Suggested DisposiEon: Receive and File 2. hence of Claims and Suits Cindy Babalotb for vehicle dam age Joseph Maloney for vehicle dam age Witham Pllne for vehicle dam age Suggested DisposiEon: Receive and File; Refer W City Attorney 3. Disposition M Claims City Attorney advising that the following claims have been reforms to Public Entity Risk Services of Iowa, the agent for the owa Communities Assurance Pool. Cindy Barcelona for vehicle dam age Wllllam PI He for vehicle dam age Suggested DisposiEon: Receive and File; Concur 0. Ten Goodman Named Wom en Woman Heroine of Dubuque by Girl S couts M Eastern Iowa and Western Illinois Correspondence from the Girl Scouts of Eastern Iowa and Western Illinois honoring Assistant City Manager Teri Goodmann with Me Wonder WomenHeroinesof Dubuque Awam. Suggested DisposiEon: Receive and File B. White House Climate Acton Champion Technical Assistance Request City Manager recommending approval of technical assistance application with the Department of Energy as a White House Climate Action Champion. Suggested Dispositon: Receive and File; Approve 6. Community Development Block Grant (CDBG) FY16 Annual Action Plan Amendment City Manager recommending approval of the Fiscal Year 2016 (Program Year 2015)Annual Amon PlarAmen omen 1 for the Community Development Block Grant(CDBG) Program. RESOLUTION Approving Fiscal Year 2016 (Program Year 2015) Annual Action Plan Amendment 1 for Community Development Block Grant (CDBG)funds Suggested Disposition: Receive and File; Adopt Resolution(s) 7. REAP Annual Plan Update and Grant Application for Fiscal Year 2016 City Manager recommending approval of the City of Dubuque's update of the Fiscal Year 2016 Dubuque County REAP Plan, as well as the resolution and the Fiscal Year 2016 REAP grant application for the Eagle Point Park Environmental Restoration Project. RESOLUTION Authorizing Reap Grant Application to Iowa Department of Natural Resources for Eagle Point Park Environmental Restoration Project Suggested Disposition: Receive and File; Adopt Resolution(s) 8. University of Dubuque No Parking District City Manager transmitting information related to the University of Dubuque No Parking District as it relates to residents on Bennett Street who contributed to the public input session at the July 6, 2015 City Council meeting. Suggested Disposition: Receive and File 9. Iowa Economic Development Authority Solar Ready Award City Manager recommending approval of an extension of the Iowa Economic Development Authority Solar Ready award contract. Suggested Disposition: Receive and File; Approve 10. Cedar Ridge Farm Place No. 7 Storm and Sanitary Sewer Improvements Acceptance City Manager recommending acceptance of the public improvements that the developers, Nemmers Cedar Ridge Farm Limited Partnership, have recently completed in Cedar Ridge Farm Place No. 7. (Cedar Cross Rd./Cedar Crest Ct.) RESOLUTION Accepting public improvements in Cedar Ridge Farm Place No. 7 in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 11. City and ESI Employer Participation Agreement City Manager recommending approval of an Employer Participation Agreement between the City of Dubuque and Express Scripts, Inc., for the period January 1, 2015 to December 31, 2015. Suggested Disposition: Receive and File; Approve 12. Civil Service Commission Civil Service Commission submitting the certified lists for the position of Water Engineering Assistant. Suggested Disposition: Receive and File; Make Matter of Record 13. City Assessors Office - Notification of Tax Appeals Correspondence from City Assessor Rick Engelken advising the City of 10 property tax appeals from the Dubuque City Board of Review for 2015. Suggested Disposition: Receive and File 14. Quarterly Investment Report City Manager transmitting the June 30, 2015 Quarterly Investment Report. Suggested Disposition: Receive and File 15. Mystique Casino Repairs, Sealcoat & Restripe Parking Lot Project Dubuque Racing Association President and CEO Jesus Aviles requesting approval to complete the Mystique Casino Repairs, Sealcoat & Restripe Parking Lot Project using Depreciation and Improvement Funds. Suggested Disposition: Receive and File; Approve 16. Improvement Contracts / Performance, Payment and Maintenance Bonds Drew Cook & Son's Excavating, Inc., for the Lowell St. Reconstruction Project; SELCO, Inc., for the 2015 Pavement Marking Project Suggested Disposition: Receive and File; Approve 17. Alcohol Compliance Civil Penalty for Alcohol License Holder— Diamond Jo Casino City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for the Diamond Jo Casino, 301 Bell Street. Suggested Disposition: Receive and File; Approve 18. Alcohol License Renewals City Manager recommending approval of annual beer, liquor 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) ITEMS SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. 1. Burlington Trailways Lease Agreement City Manager recommending that a public hearing be set for August 17, 2015 to approve a lease agreement with Burlington Trailways at the Intermodal Transit Facility. RESOLUTION Setting a public hearing on the disposition of an interest in property owned by the City of Dubuque, Iowa by Lease Agreement to Burlington Stage Lines, LTD Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for 8/17/15 2. Sale of Property-Weaver Castle, LLC /396 W. Locust Street City Manager recommending that a public hearing be set for August 17, 2015, on the sale of 396 W. Locust Street to Weaver Castle LLC. RESOLUTION of Intent to dispose of an interest in City of Dubuque real estate, setting a time and place for hearing and providing for the publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for 8/17/15 BOARDS/COMMISSIONS 1. 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. Cable Television Commission One, 3-year term through July 1, 2017 (Vacant term of Stevens) Applicant: Mark Dolson, 54 Alpine St. Long Range Planning Advisory Commission One, 3-year term through July 1, 2017 (Vacant term of Beytien) Applicant: Mark Dolson, 54 Alpine St. 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 3 -Year 3 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 3 -Year 3 Project and the City Manager recommending approval. RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the SRF Green alley Bid Set 3 -Year 3 Project RESOLUTION with Respect to the Adoption of the Resolution of Necessity proposed for the SRF Green Alley Bid Set 3 -Year 3 Project RESOLUTION Approving the Schedule of Assessments and estimate of total cost for the SRF Green alley Bid Set 3 - Year 3 Project Suggested Disposition: Receive and File; Adopt Resolution(s) 2. NW Arterial Hike/Bike Trail Phase 4 & 5 Proof of publication on notice of public hearing to consider approval of plans, specifications, form of contract, and estimated cost for the NW Arterial Hike/Bike Trail Phases 4 & 5 Project and the City Manager recommending approval. RESOLUTION Approval of plans, specifications, form of contract, and estimated costs for the Iowa 32 Hike/Bike Train - Phases 4 & 5 Project Suggested Disposition: Receive and File; Adopt Resolution(s) 3. Federal Building Lease with Iowa State University Proof of Publication on notice of public hearing to consider a Lease Agreement between the City of Dubuque and the Iowa State University in the Historic Federal Building and the City Manager recommending approval. RESOLUTION Approving the disposal of an interest in real property owned by the City of Dubuque by lease between the City of Dubuque, Iowa and Iowa State University of Science and Technology 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. Southwest Arterial/English Mill Road Reconstruction Project Award City Manager recommending award of the construction contract to the low bidder Taylor Construction, Inc., subject to Iowa Department of Transportation approval. RESOLUTION Awarding public improvement contract for the Southwest Arterial Project English Mill Road Reconstruction - Grading, Bridge & Paving Project Iowa DOT Project No. HDP-2100 (657)--71-31 Suggested Disposition: Receive and File; Adopt Resolution(s) 2. Text Amendment- Residential Freestanding Solar Arrays (2nd Reading) Request by the City of Dubuque to amend the Unified Development Code to establish procedures for the review of new freestanding solar arrays and the Zoning Advisory Commission recommending approval. Planning Services Manager transmitting additional information. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by Amending Articles 16-5-2-2 (R-1), 16-5-3-2 (R-2) 16-5-4.3 (R-2A), 16-5-5.3 (R-3) and 16-5-6.3 (R-4), 16-5-7.3 (OR) and 16-5-9.3 (OC) to establish maximum area and height requirements for residential freestanding solar arrays Suggested Disposition: Receive and File; Motion B; Motion A 3. Code of Ordinances Amendment-Titles 14 & 16 Southwest Arterial Moratorium Extensions City Manager recommending approval of four ordinances which extend the moratoriums for the construction, rezoning, subdivision review, and site plan approval in the Southwest Arterial Corridor and the East/West Corridor Study Areas for an additional 12 months. ORDINANCE Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 2 Building Construction, Demolition and Moving, Section 14-2-4 Moratorium for Construction or Other Work on Certain Streets, Areas, or Facilities by Extending the Moratorium ORDINANCE Amending the City of Dubuque Code of Ordinances Title 16 Unified Development Code Chapter 13 Site Design Standards, Section 16-13-2 Applicability by Extending the Moratorium ORDINANCE Amending City of Dubuque Code of Ordinances Title 16 Unified Development Code Chapter 9 Zoning Advisory Commission Applications and Procedures, Section 16-9-5-3 City Council Action by Extending the Moratorium ORDINANCE Amending Dubuque Code of Ordinances, Title 16 Unified Development Code, Chapter 11 Land Subdivision, Section 16-11-2 Applicability by Amending the Moratorium Suggested Disposition: Receive and File; Motion B; Motion A 4. Code of Ordinances Amendment-Title 12 Cable Television Commission City Manager recommending approval of an ordinance creating a new Title 2, Chapter 11, which establishes the Cable Television Commission and provides for the powers, operation, membership, and meetings. ORDINANCE Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions by Repealing Chapter 11 Cable Television Commission and Adopting a New Chapter 11 Cable Television Commission in Lieu Thereof Establishing the Cable Television Commission and Providing for the Powers, Operation, Membership, and Meetings Suggested Disposition: Receive and File; Motion B; Motion A 5. Code of Ordinances Amendment-Title 2 Housing Trust Fund Advisory Committee City Manager recommending approval of an amendment to the City of Dubuque Code of Ordinances regarding the Housing Trust Fund Advisory Committee. ORDINANCE Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 5 Housing Agency and Community Development Commissions, Article D Trust Fund Advisory Committee by Repealing Section 2- 5D-6 Committee Established; Membership; Functions and Adopting a New Section 2-5D-6 Housing Trust Fund Advisory Committee in Lieu Thereof Establishing the Trust Fund Advisory Committee and Providing for the Powers, Operation, Membership, and Meetings Suggested Disposition: Receive and File; Motion B; Motion A 6. Request for Work Session -Sustainable Dubuque City Manager recommending that the City Council schedule the Sustainable Dubuque Quarterly Work Session for September 8, 2015 at 5:00 p.m. Suggested Disposition: Receive and File; Council 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