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9 3 13 City Council AgendaROLL CALL ORDER FOR MEETING OF 9/32013 Brag, Buol, Connors, Jones, Lynch, Resnick, Sutton CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING Historic Federal Building 350 W. fith Street September 3, 2013 Council meetings are video streamed live and archived at www.citvofdubuuue.orq /media and on Dubuque's CityChannel on the Mediacom cable system at Channel8 (analog) and 85.2 (digitop. WORK SESSION 5:00 PM Human Rights Department Hum an Rights Department Work Session -MW Memo Staff Memo REGULAR SESSION 6:30 PM PLEDGE OF ALLEGIANCE PROCLAMATION(S) 1. Anti-Bullying Awareness Day (September 14, 2013) Anti - Bullying Day Proclamation, 2. Dubuque Oktoberfest Day (September 14, 2013) Oktoberfest Proclamation, 3. Voicesfromthe Warehouse Days (September 7 - October 4, 2013) ' bkesfrom the Warehouse Proclamation 4. Barbershop Harmony Week (September 14-21, 2013) Barbershop Harmony Proclamation, 5. Life Insurance Awareness Month (September 2013) iM IrttUmnn, Avwrenesa Proclamation 6. Drive the Great River Road Anniversary Month (September 2013) Great River Road 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 City Council proceedings of August 19, 20 & 21; Corrmunity Development Advisory Commission of 7123; Housing Commission of 7123 and 7131; Library Board of Trustees of 7125; Zoning Board of Adjustment of 8122; Proof of Publication for City Council proceedings of 815 Suggested Disposition: Receive and File City Council proceedings 8/19 City Council proceedings 8720 City Council proceedings 8721 CDAC Minutes of 8/14, Housing Commission Minutes of 7/23 Housing Comrission Minutes of 7731 Library Board of 7725 ZBAMinutes of 8/22, Proof-City Council Proceedings of 875, 2. Notice of Claims and Suits Joanne Gassman for vehicle damage, Deb Lynch for vehicle damage Suggested Disposition: Receive and File; Refer to City Attorney Gassman Claim, Lynch Claim, 3. Disposition of Claims City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Joanne Gassman for vehicle damage; Deb Lynch for vehicle damage Suggested Disposition: Receive and File; Concur ICAP Claims, 4. AmeriCorps Partners in Learning Grant Award 12 -13 (Grant 12- AC -13) City Manager recommending approval of the grant agreement with the Iowa Commission on Volunteer Service for the City of Dubuque AmeriCorps Program. Suggested Disposition: Receive and File; Approve AmeriCorps Partners in Leaminq Grant -MVM Memo, Staff Memo , Grant Agreement 13 -AC -13 5. Consent Decree Semiannual Report City Manager recommending certification of the September 30th 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. Suggested Disposition: Receive and File; Approve Consent Decree Semiannual Report-MVM Memo, Staff Memo, Consent Decree Semi Annual Report Pis. 1 -26, Consent Decree Semi Annual Report Pis. 27 -49 6. Childhood Lead Poisoning Prevention Agreements City Manager recommending approval of a contract with the Dubuque County Board of Health and the Iowa Department of Public Health for continued funding of the Childhood Lead Poisoning Prevention Program and a renewed agreement with the Visiting Nurse Association for services related to the Childhood Lead Poisoning Prevention Program and Healthy Homes Program. Suggested Disposition: Receive and File; Approve Childhood Lead Poisoning Prevention Agreements -MVM Memo, Staff Memo, IDPH Contract 2013 -2014, Lead Subcontract with Dubuque County Board of Health 13 -14, Lead Subcontract with VNA 13-14, 7. Lease Property Platting at East 16th Street and Kerper Blvd (Bee Branch Subdivision No. 2) City Manager recommending approval of the Plat of Survey for Lot 1 -1 and 2 -1 of Bee Branch Subdivision No. 2 in order to establish the boundaries and acreage of a lease property at East 16th Street and Kerper Boulevard. RESOLUTION Approving Plat of Survey of Lot 1 -1 and Lot 2 -1 of Bee Branch Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Lease Property Platting at East 16th St and Kerper Blvd -MVM Memo, Staff Memo, Resolution Plat of Survey Lot 1 -1 and Lot 2 -1 of Bee Branch Subdivision No. 2, Surveyor's and Owner's Certificates Lot 1 -1 and 2 -1 Bee Branch Subdivision No. 2 - Vicinity Map , 8. Sidewalk Installation Project - Area 2 McAleece / Admiral Sheehy Drive Project Acceptance City Manager recommending acceptance of the 2013 Leisure Services Sidewalk Installation Project — Area 2 McAleece /Admiral Sheehy Drive, as completed by Skyline Construction, and authorizing payment to the contractor in that amount. RESOLUTION Accepting the 2013 Leisure Services Sidewalk Installation Project Ares 2 McAleece /Admiral Sheehy Drive and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 2013 Leisure Services Sidewalk Installation Project- MVM Memo Staff Memo Resolution, 9. ECIA Contract Amendment No. 3 - Linseed Oil Paintworks Company Building City Manager recommending approval of an amendment to the contract with East Central Intergovernmental Association (ECIA) to assist the City with grant administration for the amended Community Development Block Grant (CDBG) Disaster Recovery Fund Contract, from the Iowa Economic Development Authority, associated with the recent commitment for redevelopment of the Linseed Oil Paintworks Company Building. RESOLUTION of the City of Dubuque approving Amendment Number 3 for project administration to East Central Intergovernmental Association for Community Development Block Grant, Housing Disaster Recovery Fund Contract, #08 -DRH -212, between the City of Dubuque and the Iowa Economic Development Authority Suggested Disposition: Receive and File; Adopt Resolution(s) Amendment #3 to Contract for Services with ECIA for CDBG Disaster Recovery Fund Contract Administration -MVM Memo, Staff memo, Resolution, Amendment Number 3 to Contract 10. City of Peosta - Agreement for Relocation and Expansion of TriState Quality Metals City Manager recommending approval of an agreement with the City of Peosta concerning the expansion of TriState Quality Metals. RESOLUTION Authorizing the approval and execution of an agreement between the City of Peosta, Iowa and the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s) Agreement with City of Peosta for relocation and expansion of TriState Quality Metals -MVM Memo Staff memo Resolution, Agreement, 11. Geologic Computer Systems, Inc. City Attorney recommending approval of an Agreement for Reimbursement of Costs and Release Agreement for legal action associated with the purchase of copyrighted GeoSite software for the Dubuque Metropolitan Area Solid Waste Agency. Suggested Disposition: Receive and File; Approve Staff Memo, Reimbursement of Costs & Release Agreement, 12. Airport Commission Commissioner Michael A. Santillo submitting his resignation from the Airport Commission. Suggested Disposition: Receive and File; Accept Resignation Santillo Resignation Letter 13. Westbrook Subdivision No. 2 - Acceptance of Warranty Deed City Manager recommending acceptance of the Warranty Deed to the open space lot that the developer, Callahan Construction, Inc., is dedicating to the City in Westbrook Subdivision No. 2. RESOLUTION Accepting a Deed to Lot R in Westbrook Subdivision No. 2 in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Acceptance of Improvements in Westbrook Subdivision No. 2 -MVM Memo, Staff Memo, Resolution Vicinity Map Warranty Deed, 14. 2013 Justice Assistance Grant (JAG) Grant Acceptance City Manager recommending approval to accept the 2013 Justice Assistance Grant (JAG) award in the amount of $26,580 from the Edward Byrne Memorial Assistance Grant program and authorize the signing of the award document and special conditions. Suggested Disposition: Receive and File; Approve 2013 Justice Assistance Grant Acceptance -MVM Memo, Police Memo, JAG Grant Document, 15. Mediacom Communications Company Correspondence from Lee Grassley, Senior Manager of Government Relations for Mediacom Communications Company, informing the City of programming changes beginning August 30, 2013. Suggested Disposition: Receive and File Mediacom Letter, 16. Improvement Contracts and Maintenance Bonds Horsfield Construction, Inc. for the Dubuque Industrial Center South PCC Paving and Utilities Project 2013; Iowa Department of Transportation contract with Horsfield Construction, Inc. for the Elm Street Reconstruction 9th -12th Sts. Project; Portzen Construction for the 9th and 11th Street One -Way to Two-Way Conversion Project; Ted Stackis Construction for deconstruction of 2425 Washington Street property Suggested Disposition: Receive and File; Approve Horsfield Construction Contract, IDOT Construction Contract Portzen Construction Contract Stackis Construction Contract, 17. Signed Contracts Iowa Department of Transportation Supplemental Agreement (Lighting) for maintenance of primary roads (US 52I611151and US 3 /US 52) Suggested Disposition: Receive and File IDOT Lighting Agreement, 18. 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, Police 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. Comm unity Development Advisory Com mission One 3 -year term through February 15, 2015 (Vacant term of Rathje) Applicant: Angela Kelley, 205 Bluff St. Apt 2E Zoning Advisory Commission One 3 -year term through July 1, 2016 (Expired term of Bird) Applicant: Michael Belmont, 222 Dillion St. This commission is subject to the State of Iowa Gender Balance Law. 7 Commissioners total; currently 5 males /1 female Appointments to the following commissions to be made at this meeting: Zoning Board of Adjustment One 5 -year term through March 25, 2016 (At -will term of Klauer) Applicant: Jonathan McCoy, 263 Main St. This adjusted appointment will replace a commissioner currently serving at -will through 2016. This commission is subject to the State of Iowa Gender Balance Law. 5 Commissioners total; currently 4 males/0 females Boards Overview Sheet, Latest Listings Vacancies, Community Development Advisory Commission Application Zoning Advisory Commission Application, Zoning Board of Adjustment Application, Gender Balance Law, Gender Balance Q &A sheet, 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. Fiscal Year 2014 Budget Amendment No 1. Proof of publication on notice of public hearing to consider approval of the Fiscal Year 2014 Budget Amendment No. 1 and the City Manager recommending approval. RESOLUTION Amending the current budget for the Fiscal Year 2014 Suggested Disposition: Receive and File; Adopt Resolution(s) FY14 1st Amendment MVM Memo FY14 1st Amendment Staff Memo FY14 lst Amendment Resolution, FY14 1st Amendment- Council 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 Ordinances Title 16 Unified Development Code Amendment - Home -Based Businesses (Second Reading) Second reading of a request by Beverly Knockel to amend Section 7 -1.3 of the City of Dubuque's Unified Development Code to add firearm sales to the list of prohibited home -based businesses and the Zoning Advisory Commission recommending approval. Communication from the Planning Services Department Citizen Petition submitted by Kristy and Tait Lunceford Citizen Correspondence received since the August 19, 2013 Public Hearing ORDINANCE Amending City of Dubuque Code of Ordinances, Title 16 Unified Development Code, Chapter 7 Supplemental Use Regulations Section 7 -1.3 Prohibited Home -Based Business Uses to add firearm sales as a prohibited home -based business Suggested Disposition: Receive and File; Motion B; Motion A Staff Memo 8/29/13, Lunceford Citizen Petition, Citizen Communications, Staff Memo 8/19/13 ZAC Letter to Council Applicant Materials Staff Materials, Ordinance Proof of Publication, Suggested Motion, 2. 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 3. Pre - Annexation Agreement - Truck Country City Manager recommending approval of a Pre - Annexation Agreement with McCoy Family Properties and Truck Country of Iowa, Inc., for property located at 10785 Route 61, Dubuque, Iowa, which facilitates the extension of water and sanitary sewer to service Truck Country's site prior to its annexation and rezoning. Suggested Disposition: Receive and File; Approve Pre - Annexation Agreement with Truck Country -MVM Memo, Staff Memo, Location Map, Agreement, 4. Fund Reserve Policies City Manager recommending approval of Fund Reserve Policies. Suggested Disposition: Receive and File; Approve Fund Reserve Policies -MVM Memo Staff Memo Fund Reserve Policies 5. Sustainable Neighborhood Builders, Inc., Housing Enterprise Agreement Amendment City Manager recommending concurrence with the Enterprise Zone Commission approval and execution of Contract Amendment Number 1, and authorizing the Mayor to execute Contract Amendment Number 2 to the Housing Enterprise Zone Program Agreement by and among the Iowa Economic Development Authority, the City and Sustainable Neighborhood Builders, Inc. RESOLUTION Providing concurrence to Enterprise Zone Commission approval of Contract Amendment Number 1 to Enterprise Zone Agreement Number 09 -HEZ -051 while approving the application for Contract Amendment Number 2 to Enterprise Zone Agreement Number 09 -HEZ -051 and authorizing the Mayor to execute Amendment Number 2 upon receipt of contract documents from the Iowa Economic Development Authority Suggested Disposition: Receive and File; Adopt Resolution(s) Amendment to Housing Enterprise Agreement for Sustainable Neighborhood Builders -MVM Memo, Staff memo, Resolution Enterprise Zone Resolution, Enterprise Zone letter, Novelty Iron Works letter, Executed Amendment Number 1, 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