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8 18 14 City Council AgendaROLL CALL ORDER FOR MEETING OF 8/182014 Lynch, Resnick, Sutton, Buol, Connors, Jones CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING Historic Federal Building 350 W. 6th Street August 18, 2014 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). WORK SESSION 5:00 PM Quarterly Sustainable Dubuque @'wrtedv Si gainahle Di hugue Work Session Agenda -MVM Metnn Staff Memn REGULAR SESSION 6:30 PM PLEDGE OF ALLEGIANCE PROCLAMATION(S) 1. United Way/ Campaign Time (2014-2015) United Way Campaign Time Proclamation 2. Welcome Students Week (August 18-22, 2014) Welcome Students Week 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 8/4, Civic Center 7/28 and 8/4, Dubuque County Emergency Management 5/6, Historic Preservation 7/17, Library Board 6/19, Parks and Recreation 7/8, Zoning Advisory 8/6, Zoning Board of Adjustments 7/24, Proof -City Council Proceedings 7/21, Proof -List of Claims Summary of Revenue 6/30 Suggested Disposition: Receive and File City Council Proceedings 8/4 Civic Center Advisory 7/28 Civic Center Advisory 8/4 Dubuque County Emergency Manaaem ent 5/6 Historic Preservation 7/17 Library Board 6/1 9 Park and Recreation 7/8 Zoning Advisory 8/6 Zoning Board of Adiustm ent 7/24 P roof -City Council P roceedings 7/21 Proof -List of Claims Summary of Revenue 6-30 2. Notice of Claims and Suits Rose Barlon for property damage, Linda Lasoyafor property damage, Jeremy and Margart Pergande for vehicle damage, Lawrence Vize for properly damage, Tim Wittstock for properly damage Suggested Disposition: Receive and File; Refer to City Attorney Barlon Claim Lasoya Claim Pergande Claim Vice Claim Wittstodc Claim 3. Disposition of Claims City Attorney advising that the following claims have been referredto Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Rose Barlon for property damage, Jeremy Pergande for vehicle damage. Suggested Disposition: Receive and File; Concur ICAP Referrals, 4. Collective Bargaining Agreement Amendment - Operating Engineers City Manager recommending approval of an Amendment to the Collective Bargaining Agreement with the International Union of Operating Engineers, Local #234. Suggested Disposition: Receive and File; Approve International Union of Operating Engineers Amendment to Collective Bargaining Agreement -MVM Memo, Staff Memo, Amendment - Article XXVIII Collective Bargaining Agreement Operating Engineers, 5. SRF Sponsorship Project Application for Caffish Creek City Manager recommending authorization to submit a $2,400,000 Clean Water State Revolving Fund Sponsorship Project application to the Iowa Department of Natural Resources in order to secure funding for the Catfish Creek Watershed Enhancement Project. RESOLUTION Authorization to Submit A Clean Water SRF Sponsorship Program Application to Provide Funding for the Catfish Creek Watershed Enhancement Project Suggested Disposition: Receive and File; Adopt Resolution(s) Caffish Creek Watershed Enhancement Prosect -MVM Memo, Staff Memo, Resolution 6. Signed Contracts IIW Engineers and Surveyors for Amendment No. 1 to design services for the English Mill Road Water Main Extension and Pumping Facility project. Suggested Disposition: Receive and File IIW/ English Mill Road Contract, 7. Pre -Annexation Agreement - Royal Oaks City Manager recommending approval of a Pre -Annexation Agreement with Royal Oaks Development Corporation and authorization for the Mayor to sign the agreement on behalf of the City of Dubuque. RESOLUTION Approving A Pre -Annexation Agreement Between the City Of Dubuque, Iowa and Royal Oaks Development Corporation Suggested Disposition: Receive and File; Adopt Resolution(s) Royal Oaks Pre -Annexation Agreement -MVM Memo, Staff Memo, Location Map, Pre -Annexation Agreement, Resolution, 8. Civil Service Commission Civil Service Commission submitting the Certified Lists for the positions of Assistant Horticulturist, Maintenance Worker, Stock Clerk, and Truck Driver. Suggested Disposition: Receive and File; Make Matter of Record Asst. Horticulturalist List, Maintenance Worker List, Stock Clerk List , Truck Driver List, 9. Environmental/Brownfield Consultant Selection City Manager recommending entering into a contract negotiation with HR Green with an anticipated range of $500,000 to $530,000, once a final scope of work has been negotiated. Suggested Disposition: Receive and File; Approve Environmental/Brownfield Consultant Selection -MVM Memo, Staff Memo, 10. Improvement Contracts and Maintenance Bonds Visu-Sewer, Inc. for the FY15 CIPP Sewer Lining Project Suggested Disposition: Receive and File; Approve Visu-Sewer Contract/Bond 11. Code of Ordinances - Adoption of Supplement No. 14 City Clerk recommending adoption of Supplement No. 14 to the City of Dubuque Code of Ordinances, which codifies Ordinance Nos. 16-14 through 22-14, 25-14 through 29-14, 31-14, 32-14, 33-14, 35-14, 36-14, 37-14 and code change as adopted by the City Council and enacted through June 16, 2014. RESOLUTION Adopting Supplement No. 15 to the Code of Ordinances of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Staff Memo, Resolution, Code Supplement No. 15, 12. Subdivision Improvements in Timber Hyrst Estates No. 3 City Manager recommending acceptance of the public improvements that the developers, North Cascade Road Developers, LLC, have recently completed in Timber-Hyrst Estates No. 3. RESOLUTION Accepting Public Improvements in Timber-Hyrst Estates No. 3 in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Timber-Hyrst Estates No. 3 Acceptance of Improvements -MVM Memo Staff Memo Resolution, Area map, 13. Iowa Department of Transportation - Transfer of Jurisdiction for 9th -11th Streets One -Way to Two -Way Conversion City Manager recommending authorization for the Mayor to execute the Transfer of Jurisdiction Agreement with the Iowa Department of Transportation. RESOLUTION Approving the Iowa Department of Transportation Agreement (Agreement No. 2014 -TJ -006) for the Transfer of Jurisdiction of Public Road for the 9th And 11th Streets One -Way to Two -Way Conversion Project Suggested Disposition: Receive and File; Adopt Resolution(s) 9th and 11th St One -Way to Two -Way Transfer of Jurisdiction -MVM Memo, Staff Memo, Resolution, Agreement, Exhibit A, 14. SB Development, LLC Agreement City Attorney Barry Lindahl recommending the accepting of the Quit Claim Deed to the Blum property on 16th Street from SB Development, LLC. RESOLUTION Accepting the Quit Claim Deed to Certain Real Estate in Dubuque County, Iowa From SB Development, LLC Suggested Disposition: Receive and File; Adopt Resolution(s) SB Development, LLC Agreement -MVM Memo, Staff Memo, Resolution Quit Claim Deed, ROFR Agreement, 15. Iowa Economic Development Authority (IEDA) Solar Ready Iowa Award City Manager recommending acceptance of an Iowa Economic Development Authority (IEDA) Solar Ready award. Suggested Disposition: Receive and File; Approve IEDA Solar Ready Iowa Award -MVM Memo, Recommendation to Accept Award 16. Financial Advisor Selection City Manager recommending approval of Independent Public Advisors for financial advisor services for City of Dubuque in connection with issuing bonds for future projects, bond refundings, and debt capacity, debt structuring and cashflow analysis. Suggested Disposition: Receive and File; Approve City Manager Memo, Staff Memo, Independent Public Advisory Proposal, Financial Advisory Services Request for Proposal, 17. Delinquent Weed, Junk, and Garbage Collection Accounts City Manager recommending the levy of special for first and second quarters of 2014 assessments for the Weed /Junk /Garbage Enforcement Programs . RESOLUTION Adopting the Schedule of Assessments for 2014 and Directing the City Clerk to Certify the Schedule of Assessments to the County Treasurer and to Publish Notice Thereof Suggested Disposition: Receive and File; Adopt Resolution(s) Weed/Junk/Garbage Assessments -MVM Memo, Memo, Schedule of Assessments, Resolution 18. Delinquent Garbage Collection Accounts City Manager recommending authorizing the City to certify garbage collection charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. RESOLUTION Authorizing the City to Collect Delinquent Garbage Collection Charges In Accordance With Title 6-6- 3C20; Title 6-6-4B3 & Title 6-6B of the Code of Ordinances of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Garbage Collection Assessments -MVM Memo City Council Memorandum Garbage Collection Resolution Garbage Collection Notice, Garbage Assessments, 19. Delinquent Grass and Weed Cutting and Garbage Collection Accounts City Manager recommending authorizing the City to certify grass and weed cutting and garbage collection charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. RESOLUTION Authorizing the City to Collect Delinquent Grass and Weed Cutting and Garbage Collection Charges in Accordance With Title 6-6- 3C20; Title 6-6-4B3 & Title 6-6B of the Code of Ordinances of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Grass and Weed Cutting and Garbage Collection Assessments -MVM Memo, City Council Memorandum, Grass, VVeed and Garbage Resolution Grass, Weed and Garbage Notice, Grass, Weed, Garbage Assessments 20. Multi -Family Housing Production - Round 6 Community Development Block Grant (CDBG) Application City Manager recommending acceptance of two applications for CDBG Multi -Family Rental Unit New Production — Round 6 funding to create multi -family rental units in the Holy Ghost (old school and convent) and St. Mary's (old school) buildings. RESOLUTION of Support to the Iowa Economic Development Authority, on Behalf of St. Mary's Church Corporation for Submittal of an Application for A CDBG Disaster Multi -Family Unit Production Round 6 Application RESOLUTION of Support to the Iowa Economic Development Authority, on Behalf of Frantz Community Investors for Submittal of an Application for A CDBG Disaster Multi -Family Unit Production Round 6 Application Suggested Disposition: Receive and File; Adopt Resolution(s) CDBG Multi -Family Rental Unit -MVM Memo CDBG Multi -Family Rental Unit -Round 6 St. Marys CDBG Application, Holy Ghost CDBG Application St. Marys Resolution Holy Ghost Resolution, 21. Community Housing Initiatives Agreement City Manager recommending approval of an Agreement between Community Housing Initiatives and the City of Dubuque's Housing and Community Development Department. Suggested Disposition: Receive and File; Approve Community Housing Initiatives Agreement -MVM Memo, City Council Memorandum, Community Housing Initiatives Agreement, 22. Alcohol and Tobacco License Applications City Manager recommending approval of annual liquor, beer, wine and tobacco 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 RESOLUTION Approving Applications for Retail Cigarette/Tobacco Sales Permits, as Required by Iowa Code 453A.47A Suggested Disposition: Receive and File; Adopt Resolution(s) Liquor License Renewals -MVM Memo, Staff Memo, Liquor Resolution Tobacco Resolution, BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their application for appointment. Housing Commission One, 3 -year term through August 17, 2017 (Expiring term of Eudaley) Applicant: Amy Eudaley, 950 Wood St. Sister City Relationship Advisory Commission One, 3 -year term through February 1, 2016 (Vacant term of Rhomberg) Applicant: Bryan Zygmont, 608 Clarke Dr. Boards Overview Sheet Latest Listings Vacancies Housing Commission Application Sister City Relationship Advisory Commission Application 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 2 Proof of publication on notice of public hearing to consider approval of plans, specifications, form of contract, and estimated cost of the SRF Green Alley Project Bid Set 2 - Year 2 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 2 Project RESOLUTION With Respect to the Adoption of the Resolution of Necessity Proposed for the SRF Green Alley Bid Set 2 — Year 2 Project RESOLUTION Approving Schedule of Assessments and Estimate of Total Cost for the SRF Green Alley Bid Set 2 — Year 2 Project Suggested Disposition: Receive and File; Adopt Resolution(s) SRF Green Alley Project Bid Set 2 Year 2 -MVM Memo Staff Memo, Resolution Schedule of Assessments, Income Guidelines, Proof of Notice to Property Owners Bid Set 2 Year 2, Proof of Notice to Bidders Bis Set 2 Year 2, 2. Request to Rezone -1501 Jackson Street Proof of publication on notice of public hearing to consider a request by Gronen Restoration to rezone property at 1501 Jackson Street from R -2A Alternate Two Family Residential to OR Office Residential 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 1501 Jackson Street From R -2A Alternate Two -Family Residential District to or Office Residential District Suggested Disposition: Receive and File; Motion B; Motion A ZAC letter to Council , Application Materials , Staff Materials, Ordinance, Suggested Motion, 3. Request to Rezone - Holliday's 3rd Addition (Holliday Drive) Proof of publication on notice of public hearing to consider a request by Brian Kane (WBBW Holliday Development, LLC) to rezone Lot 2 of 8, Lot 2 of 6 and Lot 7, all in the Holliday's 3rd Addition along Holliday Drive from C-2, Neighborhood Shopping Center District, to C-3, General Commercial Zoning District and the Zoning Advisory Commission recommending approval, with conditions. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by Reclassifying Hereinafter Described Property Located Along Holliday Drive From C-2 Neighborhood Shopping Center District With Conditions to C-3 General Commercial District With Conditions Suggested Disposition: Receive and File; Motion B; Motion A ZAC letter to Council , Revised Rezoning Vicinity Map, Applicant Materials, Staff Materials, Proof of Publication Holliday 3rd Addition Ordinance Suggested Motion, 4. Airport Merlin Lane Public Hearing Proof of publication on notice of public hearing to consider the matter of the intent to dispose of a portion of Merlin Lane on City property by roadway easement to Dubuque County and City Manager recommending. RESOLUTION Disposing of an Interest in Real Property by Easement to Dubuque County Suggested Disposition: Receive and File; Adopt Resolution(s) Merlin Lane Disposition -MVM Memo, Staff Memo , Airport Merlin Lane Easement, Resolution Proof of Publication Merlin Lane, 5. Airport Jecklin Lane Public Hearing Proof of publication on notice of public hearing to consider the matter of the intent to dispose of a portion of Jecklin Lane on City property by roadway easement to Dubuque County and City Manager recommending. RESOLUTION Disposing of an Interest in Real Property by Easement to Dubuque County Suggested Disposition: Receive and File; Adopt Resolution(s) Jecklin Lane Disposition -MVM Memo Staff Memo Airport Jecklin Lane Easement, Resolution Proof of Publication Jecklin Lane, Changed 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. Appointment of Fire Chief City Manager recommending appointment of Dubuque Assistant Fire Chief Rick Steines as the new Fire Chief. Suggested Disposition: Receive and File; Approve Fire Chief Appointment -MVM, Resume and Application 2. Code of Ordinance Amendment - Title 2 Environmental Stewardship Advisory Commission City Manager recommending approval of an ordinance with a new Title 2, Chapter 6 which establishes the Environmental Stewardship Advisory 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 6 Environmental Stewardship Advisory Commission and Adopting A New Chapter 6 Environmental Stewardship Advisory Commission in Lieu Thereof Establishing the Environmental Stewardship Advisory Commission and Providing for the Powers, Operation, Membership, and Meetings Suggested Disposition: Receive and File; Motion B; Motion A Environmental Stewardship Advisory Commission -MVM Memo, Staff Memo, Ordinance, Suggested Motion 3. Elm Street Parking Lot Project Award City Manager recommending award of the contract to the low bidder, Tschiggfrie Excavating, for the Public Improvement Contract for the Elm Street Parking Lot Project. RESOLUTION Awarding Public Improvement Contract for the Elm Street Parking Lot Project Suggested Disposition: Receive and File; Adopt Resolution(s) Elm Street Parking Lot Proiect Award -MVM Memo, Staff Memo, Resolution Bid Tab 4. SRF Green Alley Project Bid Set 5 Year 1 - Award City Manager recommending award of the contract to the low bidder, Drew Cook and Sons Excavating, for the Public Improvement Contract for the SRF Green Alley Bid Set 5 — Year 1 Project. RESOLUTION Awarding Public Improvement Contract for the SRF Green Alley Bid Set 5 — Year 1 Project Suggested Disposition: Receive and File; Adopt Resolution(s) SRF Green Alley Prosect Bid Set 5 Year 1 -MVM Memo Staff Memo, Resolution Bid Tab 5. SRF Green Alley Project Bid Set 1 - Year 2 Award City Manager recommending award of the contract to the low bidder, Drew Cook and Sons Excavating, for the Public Improvement Contract for the SRF Green Alley Bid Set 1 — Year 2 Project. RESOLUTION Awarding Public Improvement Contract for the SRF Green Alley Bid Set 1 — Year 2 Project Suggested Disposition: Receive and File; Adopt Resolution(s) SRF Green Alley Bid Set 1 Year 2 -MVM Memo, Staff Memo, Resolution, Bid Tab, 6. Jule Transit Facility Roof and Sprinkler Repair Project Award City Manager recommending award of the contract for the roof repair to the low bidder, Bel Aire Home Improvement as well as recommending that the contract for the sprinkler repair be awarded to the only bidder, Continental Fire & Sprinkler for the Public Improvement Contract for the Jule Transit Facility Roof and Sprinkler Repair Project. RESOLUTION Awarding public improvement contract for the Jule Transit Facility Roof and sprinkler Repair Project (Roof) RESOLUTION Awarding the public improvement contract for the Jule Transit Facility Roof and Sprinkler Repair Project (Sprinkler) Suggested Disposition: Receive and File; Adopt Resolution(s) Jule Transit Facility Roof & Sprinkler Repair Project -MVM Memo, Staff Memo FEH Recommendation Letter, Resolution - Roof Award, Resolution - Sprinkler Award, 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