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9 2 14 Clerk's Skeleton Notes and Meeting CallTO: Trish L. Gleason, Assistant City Clerk You are hereby directed to call a Regular Session of the City Council to be held on Tuesday, September 2, 2014, at 6:30 PM in the Historic Federal Building for the purpose of conducting such business that may properly come before the City Council. 20,goi Roy D. Buol, Mayor Consent Items: Pages 1 through 4 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on September 2, 2014 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sutton; City Manager Van Milligen, City Att pey Lindahl Absent: Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. Karla Braig, Mayor Pro Tem PLEDGE OF ALLEGIANCE SWEARING IN PROCLAMATION(S) Voices X Make Your Mark Days (September 6 - October 14) was accepted by lal`. CONSENT ITEMS Yays Nays ,,— Lynch 1 r Resnick 1/ Sutton Braig ✓ Buol , Connors ✓ Jones a 1. Minutes and Reports Submitted Housing Commission 6/24, Human Rights Commission 7/14 Suggested Disposition: Receive and File 2. Notice of Claims and Suits Robert Donovan for vehicle damage, Cheryl Fuller for personal injuries, James Gibbs for property damage, Katie Jacobson for vehicle damage, Gerald Klein for property damage, Scott and Ann Morris for property damage, Jose' Lo'pez Ramirez for vehicle damage Suggested Disposition: Receive and File; Refer to City Attorney 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: Robert Donovan for Vehicle damage, Cheryl Fuller filed by Attorney Jeffrey Walters for personal injury, James Gibbs for property damage, Katie Jacobson for Vehicle damage, Gerald Klein for property damage, Ike and Linda Lasoya for property damage, Ann Morris for property damage, Jose' Lo'pez Ramirez for vehicle damage, Tim Wittstock for property damage, Lawrence Vize for property damage Suggested Disposition: Receive and File; Concur 4. Federal Emergency Management Association (FEMA) Assistance to Firefighter's Grant Acceptance. City Manager recommending approval of the acceptance of the Federal Emergency Management Association (FEMA) the Assistance to Firefighter's grant. Suggested Disposition: Receive and File; Approve 5. Cities of Service Blueprint Application City Manager recommending approval of the submittal of an application to Future Talk to become a Cities of Service Blueprint. Suggested Disposition: Receive and File; Approve 6. Nomination of Eagle Point Park for National Register of Historic Places and CLG Grant Application for Eagle Point Park — NRHP Nomination and Phase 1 Archeological Survey City Manager recommending City Council support the nomination of Eagle Point Park to the National Register of Historic Places (NRHP), acceptance of the generous offer of Dr. Julie Schlarman to list Eagle Point Park on the National Register as an in-kind donation, submittal of a Certified Local Government Grant Application for the nomination and Phase I Archeological Survey. RESOLUTION NO. 266 Authorizing CLG Grant Application to State Historic Preservation Office for Eagle Point Park NRHP Nomination and Phase 1 Archeological Survey Project Suggested Disposition: Receive and File; Adopt RESOLUTION (s) 7. English Mill Road Watermain Extension Partnership Agreement City Manager recommending approval of a Partnership Agreement with English Ridge LLC for the construction of a watermain from the intersection of Cavendish Lane and Stone Valley Drive west to the intersection of English Mill Road and the future extension of Stone Valley Drive. RESOLUTION NO. 267 Approving a Partnership Agreement Between the City of Dubuque, Iowa and English Ridge LLC Suggested Disposition: Receive and File; Adopt RESOLUTION(s) 8. English Mill Road Watermain Extension Purchase Agreement City Manager recommending approval of the acquisition of Lot B of English Ridge Subdivision No. 5 and associated water main and access easements and authorizing the City Manager to execute the Offer to Buy and the City Council to accept the deed for such property. City Manager also recommending accepting the Grant of Access and Water Main Utility Easement through and across a part of Lot A of English Ridge Subdivision No. 5, in the City of Dubuque, Iowa. RESOLUTION NO. 268 Approving the Acquisition of Real Estate Owned by English Ridge, LLC in the County of Dubuque RESOLUTION NO. 269 Accepting the Grant of an Access and Water Main Utility Easement Through, Over and Across a Part of Lot A of English Ridge Subdivision No. 5, in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt RESOLUTION(s) 9. National Scenic Byways/State Recreational Trail Grant Agreement City Manager recommending approval to enter into an agreement with the Iowa Department of Transportation in order to utilize the National Scenic Byways Grant and the State Recreational Trails Grant for the Upper Bee Branch Creek Restoration Project. RESOLUTION NO. 270 Approving the National Scenic Byways and State Recreational Trail Grant Agreement Between the Iowa Department of Transportation and the City of Dubuque, Iowa for the Bee Branch Creek Mississippi River Trail Route in the Upper Bee Branch Creek Restoration Project Suggested Disposition: Receive and File; Adopt RESOLUTION(s) 10. Identity Theft Prevention Program Update City Manager recommending approval of an update to the City's Identity Theft Prevention Program to include areas of City operation in addition to utilities. Suggested Disposition: Receive and File; Approve 11. Final Plat - Miller Place No. 2 Zoning Advisory Commission recommending approval of the Final Plat of Miller Place No. 2 subject to waiving lot frontage requirements for Lot 1 Miller Place No. 2. RESOLUTION NO. 271 Approving the Final Plat of Miller Place No. 2 in Dubuque County, Iowa. Suggested Disposition: Receive and File; Adopt RESOLUTION(s) 12. Pre -Annexation Agreement - Spiegel Family Realty Company Iowa, LLC City Manager recommending approval of the Spiegel Family Realty Company Iowa, LLC Pre -Annexation Agreement for Lot 1-2 of Miller Place in accordance with the Fringe Area Development Standards, and authorize the Mayor to sign the agreement on behalf of the City of Dubuque. RESOLUTION NO. 272 Approving a Pre -Annexation Agreement Between the City of Dubuque, Iowa and Spiegel Family Realty Company Iowa, LLC Suggested Disposition: Receive and File; Adopt RESOLUTION(s) 13. Pre -Annexation Agreement - Doris Graf City Manager recommending approval of the Doris Graf Pre -Annexation Agreement for Lot 1 of Graf Farm Subdivision in accordance with the Fringe Area Development Standards, and authorize the Mayor to sign the agreement on behalf of the City of Dubuque. RESOLUTION NO. 273 Approving a Pre -Annexation Agreement Between the City of Dubuque, Iowa and Doris Graf Suggested Disposition: Receive and File; Adopt RESOLUTION(s) 14. Consent Decree Semi Annual Report - September 2014 City Manager requesting approval to certify 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 15. Fiscal Year 2014 City Street Financing Report City Manager recommending approval of the Fiscal Year 2014 City Street Financing Report. RESOLUTION NO. 274 Approving the City of Dubuque Fiscal Year 2014 City Street Financing Report Suggested Disposition: Receive and File; Adopt RESOLUTION(s) 16. Multicultural Family Center Agreement City Manager recommending approval of an Agreement Between the City of Dubuque and the Multicultural Family Center. Suggested Disposition: Receive and File; Approve 17. Workers' Compromise Settlement - Alvy Kennedy City Attorney recommending approval of Compromise Settlement for Alvy Kennedy vs. City of Dubuque Suggested Disposition: Receive and File; Approve 18. Alcohol Compliance Civil Penalty for Alcohol License - Diamond Jo Casino City Manager recommending approval of the Alcohol Compliance Settlement Agreement with Diamond Jo Casino, 301 Bell Street. Suggested Disposition: Receive and File; Approve 19. Alcohol and Tobacco License Applications City Manager recommending approval of annual liquor, beer, wine and tobacco licenses applications as submitted. RESOLUTION NO. 275 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 NO. 276 Approving applications for retail cigarette/tobacco sales permits, as required by Iowa Code 453A.47A Suggested Disposition: Receive and File; Adopt RESOLUTION(s) ITEMS TO BE SET FOR PUBLIC HEARING 1. FY15 First Budget Amendment 2. English Mill Road Pumping Facility Project 3. English Mill Water Main Extension Project Yays Nays ,- Lynch -- Resnick ,.- Sutton ,,,— Braig ✓' Buol ✓ Connorsa ✓ Jones 1. FY15 First Budget Amendment City Manager recommending the first Fiscal Year 2015 Budget Amendment be set for public hearing for September 15, 2014. RESOLUTION NO. 277 Setting the Date for the Public Hearing on Amendment No. 1 to the Fiscal Year 2015 Budget for the City of Dubuque Suggested Disposition: Receive and File; Adopt RESOLUTION(s), Set Public Hearing 9- 15-14 2. English Mill Road Pumping Facility Project City Manager recommending initiation of the bidding process for the English Mill Road Pumping Facility Project, and further recommends that a public hearing be set for September 15, 2014. RESOLUTION NO. 278 English Mill Road Pumping Facility Project Preliminary Approval of the Specifications, Form of Contract, and Estimated Cost; Setting Date of Public Hearing on the Specifications, Form of Contract, and Estimated Cost; and Ordering the Advertisement for Bids Suggested Disposition: Receive and File; Adopt RESOLUTION(s), Set Public Hearing 9- 15-14 3. English Mill Water Main Extension Project City Manager recommending initiation of the bidding process for the English Mill Water Main Extension Project, and further recommends that a public hearing be set for September 15, 2014. RESOLUTION NO. 279 English Mill Road Water Main Extension Project Preliminary Approval of the Specifications, Form of Contract, and Estimated Cost; Setting Date of Public Hearing on the Specifications, Form of Contract, and Estimated Cost; and Ordering the Advertisement for Bids Suggested Disposition: Receive and File; Adopt RESOLUTION(s), Set Public Hearing 9- 15-14 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. 1. Airport Commission One, 4 -year term through September 14, 2018 (Expiring term of Accinelli) Applicant: Steven Accinelli, 3007 Huntington Dr. No SP€3-4Q`, This commission is subject to the State of Iowa Gender Balance Law. 5 Commissioners total; currently 1 males/2 females/1 Vacancy/1 Attached Pending Application 2. Zoning Board of Adjustment One, 5 -year term through March 25, 2019 (Vacant term of Hutchinson) Applicant: Joyce Pope, 560 West 13th St 14 a 5p 'k. This commission is subject to the State of Iowa Gender Balance Law. 5 Commissioners total; currently 4 males/0 females/1 Attached Pending Application Appointments to the following commissions to be made at this meeting: 1. Housing Commission One, 3 -year term through August 17, 2017 (Expiring term of Eudaley) Applicant: Amy Eudaley, 950 Wood St. Yays Nays y Lynch 1 ✓ Resnick ✓ Sutton ,, Braig ✓ Buol ✓ Connorsa ✓ Jones 2. Sister City Relationship Advisory Commission One, 3 -year term through February 1, 2016 (Vacant term of Rhomberg) Applicant: Bryan Zygmont, 608 Clarke Dr. Yays Nays Lynch I be Resnick ✓ Sutton ,, Braig ,/ Buol ✓' Connorsa ✓ Jones PUBLIC HEARINGS SUSPEND THE RULES Yays Nays ✓ Lynch a ✓ Resnick - Sutton ✓ Braig ✓ Buol v Connors 1 tV Jones 1. Dubuque Technology Park - Economic Development District Amendment Proof of publication on notice of public hearing to consider a Resolution of Necessity for an Amendment to the Dubuque Technology Park Economic Development District Urban Renewal Plan to include Subarea C. RESOLUTION NO. 280 Approving the Amended and Restated Urban Renewal Plan for the Dubuque Technology Park Economic Development District Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays ✓ Lynch I ✓ Resnick ✓ Sutton ✓ Braig ‘/ Buol � Connors .✓- Jones a REINSTATE THE RULES Yays Nays Lynch `f Resnick Sutton ✓ Braig 1 ,/ Buol ,✓ Connors) , z Jones ACTION ITEMS 1. Eagle Point Solar Barry Shear, President of Eagle Point Solar, to report on future solar projects in Dubuque. Suggested Disposition: Receive and File Yays Nays ,i Lynch 1 ✓ Resnick V Sutton ✓ Braig ✓ Buol ,v- Connors .i Jones a RSri%c.k — LJh�� �, c -G Svrlty r�``nI S 'e r't prpoas_ctr'k5 *0 GIt`r ITC -Oe.- CA1 c-t..,,cr\- etS Far 4e—a--- -1-taiS err 2. Wells Fargo Bank, N.A Deed Donation - Property at 767 University Avenue along with Cash Contribution City Manager recommending the City accept donation of the property at 767 University Avenue along with a $20,000 cash contribution from Wells Fargo Bank. RESOLUTION NO. 281 Accepting the Deed to Certain Real Estate in Dubuque County, Iowa From Wells Fargo Bank, N.A. Suggested Disposition: Receive and File; Adopt RESOLUTION(s) Yays Nays Lynch ✓. Resnick ✓ Sutton v- Braig I V Buol it Connors a ,-- Jones 3. City Code Ordinance Amendment - Definition of Motorized Bicycle or Motor Bicycle City Manager recommending approval of an amendment to City Code Ordinance 9-1-321.1 regarding the definition of Motorized Bicycle or Motor Bicycle. ORDINANCE NO. 56 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 1 General Provisions, Section 9-1-321.1 by Changing the Definition of Motorized Bicycle or Motor Bicycle to Mirror State Code in the Speed Capacity of a Motorized Bicycle or Motor Bicycle Suggested Disposition: Receive and Fi e; Motion B; Motion A Suspend the Readings Yays Nays ,. Lynch ✓ Resnick ,,- Sutton 7 Braig 2 ✓ Buol ./ Connors (/ Jones 1 Final Reading and Adopt Yays Nays ,. Lynch ✓" Resnick ✓ Sutton ✓' Braig 2 .7 Buol ✓ Connors (/ Jones t 4. City Code of Ordinances Amendment - Title 10- Sidewalk Installation and Repair City Manager recommending approval of an amendment to Section 10-1-2-B Sidewalk Installation and Repair of the City of Dubuque Code of Ordinances. ORDINANCE NO. 57 Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 1 Streets, Sidewalks and Other Public Places, Section 10-1-2-B Sidewalk Installation and Repair by Further Defining the Duty and Liability of the Abutting Property Owner. Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays ✓ Lynch ✓' Resnick ✓ Sutton ✓' Braig ,t Buol ConnorsI ✓ Jones 21• Final Reading and Adopt Yays Nays ✓ Lynch ..- Resnick vb Sutton ,,. Braig a y Buol Connors‘ / Jones rna 1`( L:.'cmaGh'\ - Bcp>c\rciei W ,S cS Sc-cli or c --,r\ y, a CCA -•l ct\ranc.L A hc.S Cr- or'c,. 1 •e c —ter:. S . 5. Dubuque County Emergency Management Commission Tom Berger of the Dubuque County Emergency Management Agency (EMA) requesting a new appointment of the Mayor or Mayor's representative on the EMA Commission due to the retirement of Fire Chief Dan Brown. Suggested Disposition: Receive and File; Council Yays Nays ,- Lynch ✓ Resnick ✓ Sutton t- Braig a ✓" Buol ✓ Connors t ✓ Jones (m� C.,,_, ® r co-CCM+��� ""ar.eliS i, r!1 C$- Q R•.v� V�GV ,t`G1 S c s r -r -c � U rS c"ae . 6. FY2015 Annual Action Plan Amendment 1 City Manager recommending approval of the Fiscal Year 2015 Annual Action Plan - Amendment 1 for the Community Development Block Grant (CDBG) program. RESOLUTION NO. 282 Approving Fiscal Year 2015 (Program Year 2014) Annual Action Plan Amendment 1 for Community Development Block Grant (CDBG) Funds Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays ,l Lynch ✓ Resnick ,/ Sutton ,i^ Braig t ✓ Buol Connors Jones a 7. Southwest Arterial Supplemental Agreement No. 14 City Manager recommending authorization for the Mayor to execute the Consultant Professional Services - Supplemental Agreement with AECOM Technical Services, Inc. for the final engineering design phase of the Southwest Arterial Project, subject to the concurrence of the Iowa Department of Transportation. RESOLUTION NO. 283 Approving the Consultant Professional Services - Supplemental Agreement No. 14 Between AECOM Technical Services, Inc. and the City of Dubuque for the Completion of Final Engineering Design Phase of the Southwest Arterial Project Suggested Disposition: Receive and File; Adopt RESOLUTION(s) Yays Nays v-- Lynch 1 -° Resnick ✓ Sutton ✓ Braig ✓" Buol -e Connorsa Jones Gab Sc* t 43;x1 UnScoarr -A ethai t or -S. Cr. L.r- 'c ,, cp,\cle, P a nT ►-i l a c1 q c� oC +hA_ C %40-S P1tzns sc Cca oua r tea, r-ef-Z FicAmS , S �`-®� 8. SRF Green Alley Bid Set 2 Year 2 - Postponement of the Award City Manager recommending postponement of the award of the contract until the September 15, 2014 City Council meeting. RESOLUTION NO. 284 Postponing the Award of the Contract for the SRF Green Alley Bid Set 2 — Year 2 Project Suggested Disposition: Receive and File; Adopt RESOLUTION(s) Yays Nays v.- Lynch ' Resnick ,/ Sutton ✓ Braig i v Buol Connors ./ Jones FGS+Pvr•C? rj larNA-,1 L a.9+. ISa° 9. Park and Recreation Advisory Commission Correspondence Suggested Disposition: Receive and File; Council Direction Yays Nays v.- Lynch t Resnick Sutton ✓ Braig V Buol Connors (/ Jones 1 co LA c- c.k c�1 .Sc t„sSDr- �J2'Sor co res, Dora-S.�Gs�� aGr r—® -\--C or "j O CCa fir- G, i G�s�t..t.a-.So t\ S I. COUNCIL MEMBER REPORTS onas s i"c4L-A`cz-Irct 4 Cs- rt-Adc-Nc - ', nuO&octal rme vUr t Cz,�1 Pc.rca ce,. A1C^U'. .� QUA. Cot-tr.%c i i\ a 4'--ct..�l 4-hcfsr s1- Sho4.-\c1 Ie>0 'At> 'r'Q-F lr\G�^I 6 O res 'f •a—c?'' r" ^C c..A c\ l) e-' i r -N ama parCCACAS -k-v ba- c( ►a_r) C�1'�u,i�c GZC�a S',4 rms C,5 `dam Cat�cc�rJ� V J. PUBLIC INPUT �.► c> (-No- K. CLOSED SESSION —7:445 pm Pending Litigation and Property Acquisition- Chapter 21.5(1)(c), -(j) Code of Iowa Yays Nays ,r Lynch Resnicka ✓ Sutton Braig ✓ Buol ✓ Connors ✓ Jones I L. ADJOURNMENT 8:a.\ Yays Nays Lynch Resnick Sutton Braig Buol Connors Jones pm