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1 6 14 City Council AgendaW . O csc( OF Do ° m�e$ o •t ROLL CALL ORDER FOR MEETING OF 1/6/1014 Lynch, Resnick, Sutton, Braig, Buol, Connors, Jones CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING Historic Federal Building 350 W. 6th Street January 6, 2014 Council meetings are video streamed live and archived at www.c 'Wont ubuque.o mitt] edia and on Dubuque's CityChannel on the Mediacom cable system at Channel (analog) and 85.2 (digital). WORN SESSION 5:00 PM Upper Bee Branch Creek Restoration Project Design Upper Bee Branch Creek Restoration Project Work Session -MVM Memo Staff Memo 1- Material from 12/16/13 Council Meetina 2- Material tom 12/16/13 Council Meeting 3- Material from 12/16/13 Council Meeting 4- Material from 12/16/1 3 Council Meeting, REGULAR SESSION 6:30 PM PLEDGE OF ALLEGIANCE SWEARING IN Swearing In of Elected Officials & Mayor Pro Tem Mayor Roy D. Buol Ric W. Jones- Council Member At Large Kevin J. Lynch - Council Member First Ward Joyce E. Connors- Council Member Third Ward David T. Resnick- Mayor Pro Tem 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 Arts and Cultural AffairsAdvisory Commission of 11/26, City Council proceedings of 12/16/13, Community Development Advisory Commission of 12118, Library Board of Trustees of 11/21, Sister Cily Relationships Advisory Commission of 12111, Proof of Publication for City Council Proceedings of 12/2 and 12/16, Proof of Publication for List of Claims and Summary of Revenues for Month Ending 11/30 Suggested Disposition: Receive and File Arts Commission 11 /1 6 City Council P roceedina 12/1 6 CDAC of 12/18 Librar Board 11121 Sister City Commission 1 2/1 1 Proof -Cil Council Proceedings 12/2 Proof -City Council P roceedinas 12/16 Proof-List of Claim s /Revenues 11/30 2. Notice of Claims and Suits Claim by Witham David for personal injury, Birgit Siegert for vehicle damage, Tschiggfrie Excavating Company for labor andlor materials and Gloria Williams for properly damage. Suggested Disposition: Receive and File; Refer to City Attorney David Claim Sieaert Claim, Tschiaafrie Claim Williams 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 Witham David for personal injury, Birgit Siegert forvehicle damage, and Gloria Willjamsfor properly damage. Suggested Disposition: Receive and File; Concur ICAP Claims 4. Nigerian Consulate Expression of Appreciation Correspondence from Nigerian Ambassador Geoffrey I. Teneilabe expressing appreciation for his recent visit to Dubuque and presentation at the Multicultural Family Center. Suggested Disposition: Receive and File Nigerian Ambassador Letter, 5. MidAmerica Economic Development Council Awards City Manager transmitting the program from the MidAmerica Economic Development Council annual Economic Development awards, which highlights Greater Dubuque Development Corporation's awards for Business Retention & Expansion and Workforce Development. Suggested Disposition: Receive and File MidAmerica Program, 6. Request for Proposals — Collective Impact Volunteering Outreach Strategy City Manager recommending approval of the release of a Request for Proposals for the development of a brand and outreach strategy for collective impact volunteering under the Volunteer Generation Fund Grant. Suggested Disposition: Receive and File; Approve Collective Impact Volunteering Outreach Strategy RFP -MVM Memo, Staff Memo , RFP Professional Consultant, 7. Safety Consulting Services City Manager recommending approval of the selection of TRICOR Safety Consulting to conduct an assessment and authorization for the City Manager to execute the Service Agreement. Suggested Disposition: Receive and File; Approve Safety Consulting Services -MVM Memo, Safety Consulting Services, TRICOR Service Agreement, 8. Hwy. 151/61 S. Grandview Avenue Overpass Water Main Relocation Project Acceptance City Manager recommending acceptance of the construction contract for the Hwy. 151/61 S. Grandview Avenue Overpass Water Main Relocation Project, as completed by Tschiggfrie Excavating Company. RESOLUTION Accepting the Hwy. 151/61 Grandview Avenue Overpass Water Main Relocation Project and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) Hwy. 151/61 South Grandview Avenue Overpass Water Main Relocation Proiect -MVM Memo, Staff Memo, Resolution Statement of Completion, Final Pay Application, Change Order No.1, 9. Kennedy Mall, Ltd., Acceptance of Utility Easement City Manager recommending approval of a resolution accepting the Grant of Utility Easement from Kennedy Mall, Ltd., for the JFK and Wacker Drive Intersection Improvements Traffic Signalization Project scheduled for construction in the spring of 2014. RESOLUTION Accepting the grant of utility easement through, and over and across a part of Lot 1- 1 -1 -1 -1 of Hawkeye Stock Farm in Sections 27 and 28, Dubuque Township, in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Acceptance of Utility Easement from Kennedy Mall, Ltd -MVM Memo Staff Memo Resolution, Grant of Easement Legal Description 10. Iowa Department of Economic Development Correspondence from the Iowa Department of Economic Development advising the City of an amendment to Community Block Grant Program Contract 08 -DRH -212 related to the Caradco Building and a technical correction to Amendment No. 5 related to the Linseed Oil Building. Suggested Disposition: Receive and File IEDA Letter, 11. Novelty Iron Landlord - Amendmentto Development Agreement City Manager recommending approval of a Second Amendment to Development Agreement with Novelty Iron Landlord, LLC. RESOLUTION Approving the Second Amendment to the Development Agreement between the City of Dubuque, Iowa, and Novelty Iron Landlord, LLC Suggested Disposition: Receive and File; Adopt Resolution(s) Second Amendment Novelty Iron Landlord -MVM Memo, Staff Memo, Second Amendment Novelty Iron Landlord, Resolution, Novelty Iron Landlord Letter of Request, Novelty Iron Landlord Development Agreement Amendment Request, 12. Global Green Grant Application City Manager recommending approval of the submission of a Sustainable Neighborhood Assessment Grant for the Washington Neighborhood. Suggested Disposition: Receive and File; Approve Global Green Grant Application -MVM Memo, Staff Memo, Mayors Letter, Grant Application, Application Map, 13. Mediacom Communications Company Correspondence from Lee Grassley, Senior Manager of Government Relations for Mediacom Communications Company informing the City of rate adjustments being implemented on or about February 1, 2014 in addition to more transparency on cable bills related to how specific fees are shown. Suggested Disposition: Receive and File Mediacom Letter, 14. CityAssessor's Office Communication from City Assessor Rick Engelken advising the City of additional property tax appeals going before the Property Assessment Appeal Board and District Court. Suggested Disposition: Receive and File City Assessor Letter, 15. Business License Refund Request from Rainbo Oil Company for a refund of the liquor license for Kwik Stop, 1200 Cedar Cross Road, in the amount of $100. Suggested Disposition: Receive and File; Approve Kwik Stop Refund Request, BOARDS /COMMISSIONS APPOINTMENTS TO THE FOLLOWING COMMISSIONS TO BE MADE AT THIS 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. Request to Zone - Truck Country, 10785 U.S. Route 61 Request by McCoy Family Properties to zone property at 10785 U.S. Route 61 pending annexation from Dubuque County B1, Business Zoning District to City of Dubuque C -3 General Commercial Zoning District and the Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 10785 Highway 61 South from County B -1 Business Districts to City of Dubuque C -3 General Commercial District, concurrent with annexation Suggested Disposition: Receive and File; Motion B; Motion A Commission Letter, Applicant Materials, Staff Materials, Ordinance, Proof of Publication, Suggested Motion, 2. Voluntary Annexation - Truck Country, 10785 U.S. Highway 61/151 (Tabled from Decem ber 16, 2013 meeting) 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 approval. RESOLUTION Approving an application for voluntary annexation of territory to the City of Dubuque, Iowa. Suggested Disposition: Remove From Table Prior to Suspending the Rules; Receive and File; Adopt Resolution(s) Truck Country Request for Annexation -MVM Memo, Staff Memo, Applicant Materials Staff Materials, Resolution, Resolution Exhibit A Proofs 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. 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 2. America's River Festival Funding Request City Manager recommending approval of a request from the America's River Corporation for the City of Dubuque to provide aid in offsetting the 2013 America's River Festival shortfall with a contribution from the City. Suggested Disposition: Receive and File; Approve America's River Festival Funding Request -MVM Memo, America's River Letter and History Overview, 3. Fiscal Year 2015 Budget and Fiscal Policy Guidelines City Manager recommending adoption of the Fiscal Year 2015 Budget and Fiscal Policy Guidelines. Suggested Disposition: Receive and File; Approve 2015 Budget and Fiscal Policy Guidelines - MVM Memo, Staff Memo, 2015 Budget and Fiscal Policy Guidelines, 4. Code of Ordinances Amendment - Title 4 Business and License Regulations City Manager recommending approval of revisions to the City of Dubuque Code of Ordinances relating to Pawn /Secondhand Dealers and Junk/Salvage Operators. ORDINANCE Amending City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 6 Pawnbrokers and Secondhand Dealers; Junk and Auto Salvage Dealers by Amending the Proof of Financial Responsibility Suggested Disposition: Receive and File; Motion B; Motion A Pawn /Secondhand Dealers & Junk /Salvage Operators Ordinance -MVM Memo, Staff Memo, Ordinance Suggested Motion, 5. Code of Ordinances Amendment - Title 9 Operating Without Registration City Manager recommending approval of an amendment to City of Dubuque Code of Ordinances Section 9 -4- 321.98: Operation without Registration, to make it consistent with the State Code. ORDINANCE Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 4 Driver's Licenses, Division 1 Generally, Section 9- 4- 321.98 Operation Without Registration to Mirror the State Code Suggested Disposition: Receive and File; Motion B; Motion A City Code of Ordinances: Operation without Registration -MVM Memo, Staff Memo, Ordinance, Suggested Motion, 6. Dubuque County Early Childhood Board Correspondence from Director Sherri Edwards inviting a member of the City Council to serve on the Dubuque County Early Childhood Board. Suggested Disposition: Receive and File; Council DCEC Request Letter, DCEC Application, DCEC Board Member Job Description, DCEC Executive Summary, DCEC Brochure 7. Operation New View Board Member Appointments Correspondence from M. Thomas Stovall, Executive Director of Operation: New View Community Action Agency, requesting that the City make appointments to the Board of Directors at the first meeting in January 2014 (currently City Council Members Lynn Sutton and David Resnick), and a representative appointed by the City Manager (currently Alvin Nash). Mayor and City Council list of appointments to various boards and commissions. Suggested Disposition: Receive and File; Council Appointments Operation New View Letter List of Council Appointments, 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