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12 16 13 City Council AgendaROLL CALL ORDER FOR MEETING OF 12/16/2013 Jones, Lynch, Resnick, Sutton, Braig, Buol, Connors CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING Historic Federal Building 350 W. 16th Street December 16, 2013 Council meetings are video streamed live and archived at www.citvofdubuaue.ora /media and on Dubuque's CityChannel on the Mediacom cable system at Channel8 (analog) and 85.2 (digital). REGULAR SESSION 6:30 PM PLEDGE OF ALLEGIANCE 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 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 Arts and Cultural Affairs Advisory Commission of 11/5, Catfish Creek Watershed Management Authority of 10/22, City Council proceedings of 1212, Civil Service Commission of 11111, Housing Commission of 10122, Human Rights Commission of 11/18, Library Board of Trustees of 10/24, Long Range Planning Advisory Commission of 11/20, Zoning Advisory Commission of 12/4, Zoning Board of Adjustment of 11/21, Proof of Publication for City Council proceedings of 11/18 Suggested Disposition: Receive and File Arts Commission 11/5 CCWMAI 0 /22 City Council Proceedings 12/2 Civil Service 12/11 Housing Commission 10/22 Human Ricihts11/18 Library Board 10/24 Lona Range Planning 11/20 Zoning Advisory 12/4 Zoning Board of Adiustment 11/21 Proof-City Council Proceedings 11/18 2. Notice of Claims and Suits Melissa Gilstrap for property damage, Dawn Sheffer for vehicle damage Suggested Disposition: Receive and File; Refer to City Attorney pilstran Claiyn Sheffer 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 CommunitiesAssurance Pool Melissa Gilstrap for properly damage and Dawn Sheffer for vehicle damage. Suggested Disposition: Receive and File; Concur ICAP Claims 4. Bee Branch Creek Watershed Flood Mitigation Project City Manager transmitting the Bee Branch Creek Watershed Flood Mitigation Project Brochure. Suggested Disposition: Receive and File Bee Branch Creek Watershed Brochure 5. Fiscal Year 2015 Annual Tax Increment Financing (TIF) Report City Manager transmitting the Annual Tax Increment Financing (TIF) Report that has been filed with Dubuque County Auditor Denise Dolan. Suggested Disposition: Receive and File Fiscal Year 2015 County TIF Report - MW Memo Staff memo Fiscal Year 2015 County TIF Report 6. Human Rights Commission Commissioner Michael Elliott submitting his resignation fromthe Human Rights Commission. Suggested Disposition: Receive and File; Accept Resignation Elliot Letter, 7. Housing Commission Commissioner Judie Root submitting her resignation from the Housing Commission. Suggested Disposition: Receive and File; Accept Resignation Root Letter, 8. Civil Service Commission Civil Service Commission submitting the certified list for the position of Foreman. Suggested Disposition: Receive and File; Make Matter of Record Foreman List 9. Final Plat - Brunskill Street Place No. 2 Zoning Advisory Commission recommending approval of the final plat for Brunskill Street Place No 2. subject to waiving the lot frontage requirements for Lots 2 through 6. RESOLUTION Approving the final Plat of Brunskill Street Place No. 2 in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Commission Letter, Applicant Materials, Staff Materials, Resolution, 10. Final Plat - Freedom Ridge Estates Plat 2 Zoning Advisory Commission recommending approval of the final plat for Freedom Ridge Estates Plat 2 subject to waiving lot frontage for Lots 1, 2, and 4. RESOLUTION Approving the Final Plat Freedom Ridge Estates, Plat 2, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Commission Letter, Applicant Materials, Staff Materials, Resolution, 11. Final Plat - Katra Subdivision City Manager recommending approval of the Final Plat of Katra Subdivision, subject to allowing a 22 -foot paving width for Katra Court, a 25.88 -foot lot frontage for Lot 5, and waiving Sections 11 -20 Water Supply 11 -21 Sanitary Sewer, 11 -23 Obligation to Install Improvements, and 11 -24 Improvement Guarantees. RESOLUTION Approving the Final Plat of Katra Subdivision in Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Katra Subdivision Final Plat -MVM Memo Staff Memo Applicant Materials Staff Materials, Resolution 12. Freedom Ridge Estates Pre - Annexation Agreement City Manager recommending approval of a Pre - Annexation Agreement with John and Tina Perry, property owners of 10600 Freedom Ridge Drive. RESOLUTION Approving a Pre - Annexation Agreement between the City of Dubuque, Iowa and John W. and Tina M. Perry. Suggested Disposition: Receive and File; Adopt Resolution(s) Pre - Annexation Agreement for Freedom Ridge Estates -MVM Memo, Staff Memo, Vicinity Map, Agreement, Resolution, 13. IDOT Excess Right -of -Way Acceptance of Patent - Curtis and Bryant Streets City Manager recommending acceptance of the Patent from the State of Iowa conveying four remnant parcels at Curtis and Bryant Streets to the City of Dubuque. RESOLUTION Accepting a conveyance of property (Lots E, F, G, and H in Bonson & Stewart's Subdivision in the City of Dubuque, Dubuque County, Iowa) Suggested Disposition: Receive and File; Adopt Resolution(s) Accept Patent for Curtis Street - Bryant Street IDOT Excess ROW Property -MVM Memo, Staff Memo, Resolution Supporting Document Supporting Document, 14. Seippel Road Commercial Park - Acceptance of Public Improvements City Manager recommending acceptance of the public improvements that the developer, Seippel Road, LLC, has recently completed in Seippel Road Commercial Park Subdivision. RESOLUTION Accepting public improvements in Seippel Road Commercial Park Subdivision in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Acceptance of Public Improvements Seippel Road Commercial Park Subdivision -MVM Memo Staff Memo Resolution, Supporting Document, Vicinity Map, 15. Thirty -Inch Force Main Project Phase I Acceptance City Manager recommending acceptance of the construction contract for Phase I of the 30 -Inch Force Main Relocation Project from 9th Street to 11th Street as completed by Porten Construction. RESOLUTION Accepting Phase 1 of the 30 -Inch Force Main Relocation Project from 7th Street to 12th Street and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) Acceptance of Phase I of 30 Inch Force Main Project -MVM Memo, Staff Memo, Resolution, 16. Jule Transit System ITS Project Acceptance City Manager recommending acceptance of The Jule Intelligent Transportation Project as completed by Trapeze Group. RESOLUTION Accepting the Jule Intelligent Transportation (ITS) Project and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) Jule Intelligent Transportation Project Acceptance -MVM Memo, Staff Memo, Resolution, Final Acceptance Document, 17. Spahn & Rose vs. City of Dubuque City Attorney recommending approval of a Release and Dismissal in the case of Spahn & Rose vs. City of Dubuque related to the 2011 force main break at the former Public Works Garage. Suggested Disposition: Receive and File; Approve Staff Memo Release Dismissal, 18. Iowa Natural Heritage Foundation Warranty Deed City Attorney recommending approval of a resolution accepting the Warranty Deed for the former Bottoms property adjacent to the E.B. Lyons Interpretive Center. RESOLUTION Accepting the deed to certain real estate in Dubuque County, Iowa from the Iowa Natural Heritage Foundation Suggested Disposition: Receive and File; Adopt Resolution(s) Staff Memo, Resolution Accepting Deed, Warranty Deed 19. Sustainable Dubuque Monthly Project Status Report City Manager transmitting the Sustainable Dubuque Monthly Project Status Report for November 2013. Suggested Disposition: Receive and File November Sustainable Dubuque Report-MVM Memo, Staff Memo, November Report 20. Family Self- Sufficiency Coordinators Funding City Manager recommending approval of additional funding in Fiscal Year 2014 to continue employment of the three Family Self - Sufficiency Program Coordinators. Suggested Disposition: Receive and File; Approve Family Self Sufficiency Coordinators Fundinq -MVM Memo, Staff Memo, 21. TriState Quality Metals Economic Development Assistance Contract City Manager recommending approval of the submission of an Economic Development Assistance Contract by TriState Quality Metals, LLC, the City of Dubuque and the Iowa Economic Development Authority. RESOLUTION Authorizing the execution of an Economic Development Assistance Contract by TriState Quality Metals, LLC, the City of Dubuque and the Iowa Economic Development Authority Suggested Disposition: Receive and File; Adopt Resolution(s) TriState Quality Metals Economic Development Assistance Contract -MVM Memo, Staff Memo, Resolution, Contract, 22. 2012 City Council Official Proceedings City Clerk submitting the Official Proceedings of the City Council for 2012. Suggested Disposition: Receive and File; Approve 2012 Official Proceedings, 23. Improvement Contracts and Maintenance Bonds Ted Stackis Construction for the Fire Hydrant Painting Program Phase 4. Suggested Disposition: Receive and File; Approve Stackis Contract, 24. 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. Human Rights Commission Three 3 -year terms through January 1, 2017 (vacant term of Elliott and Expiring terms of Beacham and Jackson) Applicants: Andrea Beacham, 1548 Pego Ct. Miguel Jackson, 2130 Woodland Dr., Apt 11 Christopher Ostwinkle, Ph.D., 3678 Pennsylvania Ave., Apt 0 -183 This commission is subject to the State of Iowa Gender Balance Law. 9 Commissioners total. currently 5 males /3 females Mediacom Charitable Foundation Two 1 -year terms through December 31, 2014 (Expiring terms of Chavenelle and Twining) Applicants: Gail Chavenelle, 1155 Kelly Ln. Connie Twining, 421 N. Booth St. Boards Overview Sheet, Latest Listings Human Rights Commission Applications, Mediacom Charitable Foundation Applications, 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. Voluntary Annexation - Truck Country, 10785 U.S. Highway 61/151 Proof of publication on notice of public hearing to consider the request by McCoy Family Properties for the voluntary annexation of territory south of the City, and generally located at Truck Country, 10785 U.S. Highway 61/151 and the City Manager recommending tabling to the January 6, 2014 meeting. Suggested Disposition: Receive and File; Table to January 6, 2014 Truck Country Annexation Request to Table -MVM Memo, Staff Memo, Applicant Materials Staff Materials, 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. 50% by 2030 Community Climate Action and Resiliency Plan City Manager recommending approval of the final 50% by 2030 Community Climate Action and Resiliency Plan. Suggested Disposition: Receive and File; Approve 50% by 2030 Community Climate Action & Resiliency Plan -MVM Memo, Staff Memo, 50% by 2030 Plan, Work Session Presentation 12/2/13, 2. Inclusive Dubuque Funding Support Request from Inclusive Dubuque for ongoing support of $75,000 per year to support the implementation of the Inclusive Dubuque Initiative. Suggested Disposition: Receive and File; Approve Inclusive Dubuque Funding Request -MVM Memo, Inclusive Dubuque Request 2013 City Council Goals & Priorities Collective Impact Model Press Release 3. Bus Storage and Maintenance Facility City Manager recommending approval of a budget scenario and submission of a Surface Transportation Program grant application for the Bus Storage Maintenance Facility project at the former site of the Public Works Garage, 925 Kerper Blvd. There will be a presentation by staff. RESOLUTION Authorizing the filing of a grant application with the Dubuque Metropolitan Area Transportation Study for Surface Transportation Program Funding for the City of Dubuque (Bus Storage and Maintenance Facility) Suggested Disposition: Receive and File; Approve the Recommendation, Adopt Resolution(s) Bus Storage and Maintenance Facility Budget -MVM Memo ECIA Letter, Resolution DMATS STP Grant Application 4. Code of Ordinances Amendment - Title 7 Hunting and Target Practice City Manager recommending approval of an Ordinance to change Section 7- 5A- 16(6)(10) to be consistent with 7- 5A- 16(A)(10) related to target practice. ORDINANCE Amending City of Dubuque code of Ordinances Title 7 Police, fire, and Public Safety, Chapter 5 Offenses, Section 7 -5A- 16 Hunting and Target Practice Permitted by changing "firearm or other weapon" to "shotgun" for Code consistency. Suggested Disposition: Receive and File; Motion B; Motion A Hunting/Target Practice Ordinance -MVM Memo Staff Memo Ordinance, Suggested Motion 5. Code of Ordinances Amendment - Title 9 Motor Vehicles - Overtaking, Passing on Right City Manager recommending an ordinance, which amends City of Dubuque Code of Ordinances Section 9 -7- 321.302: Overtaking, Passing on Right to mirror the Iowa Code. ORDINANCE Amending City of Dubuque Code of Ordinances title 9 Motor Vehicles and Traffic, Chapter 7 Operation, Section 9 -7- 321.302 Overtaking, Passing on Right to mirror State Code Suggested Disposition: Receive and File; Motion B; Motion A Overtaking /Passing on Right Ordinance -MVM Memo, Staff Memo, Ordinance, Suggested Motion, 6. Fire Station No. 4 Improvements - Mechanical and Restroom Upgrade Project Award City Manager recommending award of the Fire Station No. 4 Improvements - Mechanical and Restroom Upgrade Project to Maryville Construction. RESOLUTION Awarding public improvement project for the Fire Station No. 4 Mechanical and Restroom Upgrade Project. Suggested Disposition: Receive and File; Adopt Resolution(s) Award Fire Station No. 4 Mechanical and Restroom Upgrade Protect -MVM Memo, Staff Memo, Resolution, 7. Jule Transit Facility Roof and Fire Sprinkler Repair Project Award City Manager recommending award of the construction documents and construction administration contract to FEH Associates, Inc. RESOLUTION Awarding construction document preparation and construction administration contract for the Jule Transit Facility Roof and Sprinkler Repair Project Suggested Disposition: Receive and File; Adopt Resolution(s) Jule Transit Facility Roof & Sprinkler Repair Proiect -MVM Memo Staff Memo Resolution, 8. Request for Work Session - Bee Branch Creek Restoration Project Design City Manager requesting a work session on Monday, January 6, 2014 at 5:00 p.m. to discuss design elements of the Upper Bee Branch Creek Restoration Project. Suggested Disposition: Receive and File; Council Upper Bee Branch Creek Restoration Project Design Work Session -MVM Memo, Staff Memo, Supporting Document A, Supporting Document B, Supporting Document C, 9. Request for Work Session - Design Guidelines Manual City Manager requesting a work session for Tuesday, January 21, 2014 at 5:15 p.m. to review the final draft of the design guidelines manual. Suggested Disposition: Receive and File; Concur Request for Work Session on Design Guidelines Update -MVM Memo Staff Memo 10. Request for Work Session - Housing and Community Development City Manager requesting a work session for Monday, February 3, 2014 at 5:00 p.m. to provide information on the organizational changes made in the Housing and Community Development Department. Suggested Disposition: Receive and File; Council Housing & Community Development Request for Work Session -MVM Memo, Staff Memo, 11. Request for Work Session - Compressed Natural Gas City Manager requesting a work session on Monday, February 17, 2014 at 5:00 p.m. to discuss compressed natural gas. Suggested Disposition: Receive and File; Council Compressed Natural Gas Work Session -MVM Memo, 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, Property Acquisition and Law Enforcement Matters - Chapter 21.5(1)(c), -(g), -(j) Code of Iowa ADJOURNMENT