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7 20 15 Clerk's Skelton Notes and Meeting CallTO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a Regular Session of the City Council to be held on Monday, July 20, 2015 at 6:30 PM in the Historic Federal Building for the purpose of conducting such businss that may properly come before the City Council. Consent Items: Pages 1-4 O !toy D. Buol, Mayor CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on July 20, 2015 in the Historic Federal Building, 350 W. 6th Street. Prsrsent: Mayor B4ol; Council Members Braig Cori'nors, Jo T s, /L We/h,j Resnick, y ,Sutton; City Manager .an Milligen, City Attory Lindahl Ab 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. PLEDGE OF ALLEGIANCE PROCLAMATION(S) 1. Dubu ue County fair Week (July 28 -August 2, 2015) was accepted by 2. Americans with Dis bilities Act (ADA) 25th Anniversary (July 26, 2015) was accepted by . 1 Yays Nays Lynch L` Resnick V' Sutton 17" Buol v' Jones Braig 4) ' Connors CONSENT ITEMS 1. Minutes and Reports Submitted City Council Proceedings of 7/6; Civil Service Commission of 6/14; Human Rights Commission of 6/2, 6/8; Library Board of Trustees of 5/28; Library Board of Trustee Update of 7/1; Park and Recreation Advisory Commission of 6/9; Zoning Advisory Commission of 7/1; Zoning Board of Adjustment of 6/25; Proof of Publication for City Council Proceedings of 6/15; Proof of Publication for List of Claims and Summary of Revenues for Month Ended 5/31 Suggested Disposition: Receive and File; Approve 2. Notice of Claims and Suits Linda Schoenberger for property damage; City of Dubuque vs. Jerryl Gesie et al.; City of Dubuque vs. Jesse Rans et al.; City of Dubuque vs. Blake and Linda Schellenberg et al. 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: Elaine Evers for vehicle damage; Tim Mueller for monetary Toss; Linda Schoenberger for property damage Suggested Disposition: Receive and File; Concur 4. Sustainable Dubuque Community Grant Recommendations City Manager recommending approval of five grant requests from the Sustainable Dubuque Community Grant program. Suggested Disposition: Receive and File; Approve 2 Yays Nays Lynch Resnick Sutton Buol Jones Braig Connors 5. Request for Proposal - Bee Branch Flood Control Pumping Station Gates and Primary Electric Service Replacement Project City Manager recommending approval to proceed with the issuing of a Request for Proposals for design and engineering services for the Bee Branch Flood Control Pumping Station Gates and Primary Electric Service Replacement Project. Suggested Disposition: Receive and File; Approve 6. ITC Midwest Easement Agreement City Manager recommending approval of two Easement Agreements for Public Sidewalk with ITC Midwest. Suggested Disposition: Receive and File; Approve 7. Operating Engineers Collective Bargaining Agreement Amendment City Manager recommending approval of an Amendment to the Collective Bargaining Agreement with the International Union of Operating Engineers, Local #234 to provide for a work week that consists of ten hours per day and four days per week for full-time Public Safety Dispatchers. Suggested Disposition: Receive and File; Approve 8. ISO Public Protection Classification Correspondence from the Insurance Service Office (ISO) providing results of their recent Public Protection Classification survey that provides an analysis and classification of the structural fire suppression delivery system for Dubuque. Suggested Disposition: Receive and File 9. Limited Term Engineering Technician Position City Manager recommending approval to create one limited term (duration two years) Engineering Technician position in the Engineering Department. Suggested Disposition: Receive and File; Approve 3 Yays Nays Lynch Resnick Sutton Buol Jones Braig Connors 10. Ainley Kennels & Fabrication, Inc. et al. v. City of Dubuque City Attorney transmitting the Court's ruling regarding the lawsuit brought by 18 manufacturing plaintiffs seeking rebates of natural gas franchise fees. Suggested Disposition: Receive and File 11. Pre -Annexation Agreement - Gronen/Mulgrew City Manager recommending approval of a Pre -Annexation Agreement with Mary (Mulgrew) Gronen and the Robert J. Mulgrew Marital Trust for approximately 30.5 acres located along White Top Road near the entrance to Swiss Valley Park in Dubuque County. RESOLUTION 245-15 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Mary (Mulgrew) Gronen and American Trust And Savings Bank, Trustees of the Robert J. Mulgrew Marital Trust under Article VI of the Last Will and Testament of Robert J. Mulgrew and the Mary Lou Mulgrew Revocable Trust dated January 22, 2008 Suggested Disposition: Receive and File; Adopt Resolution(s) 12. 2015 Pavement Marking Project Award City Manager recommending that the award for the 2015 Pavement Marking Project be officially recorded in the minutes of the City Council. Suggested Disposition: Receive and File; Make Matter of Record 13. 610 Wilbur Street Deconstruction Project Recording Award Memo City Manager recommending that the award for the deconstruction of 610 Wilbur Street Project be officially recorded in the minutes of the City Council. Suggested Disposition: Receive and File; Make Matter of Record 4 Yays Nays Lynch Resnick Sutton Buol Jones Braig Connors 14. Family Self -Sufficiency Grant Application City Manager recommending approval to submit a grant application to fund the three existing Family Self -Sufficiency Coordinator positions. RESOLUTION 246-15 Authorizing the Mayor to execute an application for the HUD Family Self -Sufficiency Program Grant and authorizing the Director of Housing and Community Development and the City Manager to approve the application Suggested Disposition: Receive and File; Adopt Resolution(s) 15. Schedule of Assessments- Garbage/Junk/Weeds, Start 2015 City Manager recommending the levy of special assessments for the Weed/June/Garbage Enforcement Programs for properties inspected from November 1, 2014 to June 30, 2015. RESOLUTION 247-15 Adopting the Schedule of Assessments for 2015 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) 16. CDBG Grant Agreement - Four Mounds HEART Program City Manager recommending approval of the Community Development Block Grant (CDBG) Grant Agreement with Four Mounds HEART Program. Suggested Disposition: Receive and File; Approve 17. Contracted Services Grant Agreement - Hills and Dales Senior Center Lifetime Program City Manager recommending approval of a revised Contracted Service Agreement with Hills and Dales Senior Center Lifetime Program. Suggested Disposition: Receive and File; Approve 5 Yays Nays Lynch Resnick Sutton t/ Buol Jones 1„,/c Braig Connors trz' ern 18. Purchase of Services Grant Agreement - Opening Doors City Manager recommending approval of a revised Purchase of Services Grant Agreement with Opening Doors. Suggested Disposition: Receive and File; Approve 19. Purchase of Services Grant Agreement- Project Concern Information and Referral City Manager recommending approval of a revised Purchase of Services Agreement with Project Concern to assist Project Concern's 211 Center. Suggested Disposition: Receive and File; Approve 20. Purchase of Services Agreement - Almost Homes at St. John's City Manager recommending approval of a revised Purchase of Services Grant Agreement with Almost Home at St. John's. Suggested Disposition: Receive and File; Approve 21. Purchase of Services Grant - St. Mark Youth Enrichment City Manager recommending approval of a revised Purchase of Services Grant Agreement with St. Mark's Youth Enrichment. Suggested Disposition: Receive and File; Approve 22. Purchase of Services Agreement - Dubuque YMCA/YWCA City Manager recommending approval of a revised Purchase of Services Grant Agreement with the Dubuque Community YMCA/YWCA Victim Services Shelter. Suggested Disposition: Receive and File; Approve 6 Yays Nays Lynch Resnick Sutton Buol Jones Braig Connors 23. Dubuque Furniture & Flooring Selective Demolition & Restoration Project Acceptance City Manager recommending acceptance of the construction contract for the Dubuque Furniture & Flooring Selective Demolition & Restoration Project as completed by Epic Construction. RESOLUTION 248-15 Accepting the Dubuque Furniture & Flooring Selective Demolition & Restoration Project and authorizing the payment to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 24. Acceptance of EPA Environmental Education Grant City Manager recommending approval to partner with the University of Iowa to accept the Environmental Protection Agency Environmental Education grant and to enter into an agreement to act as a subgrantee of the University of Iowa. Suggested Disposition: Receive and File; Approve 25. Brownfields Assessment Cooperative Agreement Amendment - ECIA City Manager recommending approval of an amended contract for services from East Central Intergovernmental Association regarding the 2013 EPA Brownfields Assessment Grant. RESOLUTION 249-15 Authorizing approval of an Amended and Restated Contract between the City of Dubuque, Iowa and East Central Intergovernmental Association for grant administration for the 2013 Environmental Protection Agency Brownfields Assessment Cooperative Agreement Suggested Disposition: Receive and File; Adopt Resolution(s) 7 Yays Nays Lynch Resnick Sutton Buol Jones Braig Connors 26. Brownfields Area -Wide Planning Grant Contract - ECIA City Manager recommending approval of a contract with East Central Intergovernmental Association (ECIA) to provide administrative services in relation to the EPA Brownfields Area -Wide Planning Grant. RESOLUTION 250-15 Approving an agreement between the City of Dubuque, Iowa and East Central Intergovernmental Association for grant administration for the 2015 Environmental Protection Agency Area Wide Planning Grant Suggested Disposition: Receive and File; Adopt Resolution(s) 27. Alcohol Compliance Civil Penalty for Alcohol License Holder — Eagle Country Market City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for Eagle Country Market, 1800 Elm Street. Suggested Disposition: Receive and File; Approve 28. Alcohol Compliance Civil Penalty for Alcohol License Holder — Fife's City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Fife's, 1113 Main Street. Suggested Disposition: Receive and File; Approve 29. Alcohol License Applications City Manager recommending approval of annual liquor, beer, and wine licenses as submitted. RESOLUTION 251-15 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) 8 ITEMS SET FOR PUBLIC HEARING 1. NW Arterial Hike/Bike Trail Phases 4 & 5 8/3/15 2. Federal Building Lease with Iowa State University 8/3/15 3. Dubuque Industrial Center Economic Development District - Urban Renewal plan Amendment 9/8/15 Yays Nays V/ Lynch Resnick V Sutton Buol Jones v' Braig a.,`°-;-. Connors 1. NW Arterial Hike/Bike Trail Phases 4 & 5 City Manager recommending initiation of the public bidding procedure for the Iowa 32 Hike -Bike Trail -Phase 4 & 5 Project, and further recommends that a public hearing be set for August 3, 2015. RESOLUTION 252-15 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for 8/3/15 2. Federal Building Lease with Iowa State University City Manager recommending that a public hearing be set for August 3, 2015, on Lease Agreement between the City of Dubuque and the Iowa State University in the Historic Federal Building. RESOLUTION 253-15 Resolution of Intent to dispose of an interest in real property owned by the City of Dubuque, Iowa, by lease between the City and Iowa State University of Science and Technology Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for 8/3/15 3. Dubuque Industrial Center Economic Development District - Urban Renewal plan Amendment City Manager recommending approval of a Resolution of Necessity that begins the process of amending the Urban Renewal Plan for the Dubuque Industrial Center Economic Development District and set a public hearing on the proposed amendment for September 8, 2015. 9 RESOLUTION 254-15 Resolution of Necessity finding that certain areas adjacent to the established Dubuque Industrial Center Economic Development District meet the definition of an Economic Development Area under the Urban Renewal Law, that development of said area is necessary in the interest of the residents of the City of Dubuque, Iowa, and setting dates of hearing and consultation on a proposed amendment to the Amended and Restated Urban Renewal Plan for said District Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for 9/8/15 10 BOARDS/COMMISSIONS Appointments to the following commissions to be made at this meeting. 1. Building Code Board of Appeals One, 3 -year term through August 1, 2018 (expired term of Luchsinger) Applicant: Richard Luchsinger, 2875 Brueck Rd. Yays Nays v/ Lynch /' Resnick `' Sutton 1,, Buol Jones / Braig 7/ Connors 2. Housing Commission One, 3 -year term through August 1, 2018 (expired term of McDonell) Applicant: Robert McDonell, 4050 Peru Rd. Yays Nays °" Lynch /' Resnick , Sutton Buol Jones ' Braig 7/ Connors 3. Housing Trust Fund Advisory Committee One, 3 -year term through August 1, 2018 (expired term of Hingtgen) Applicant: Doris Hingtgen, 309 Hill St. Yays Nays > Lynch Voe2 Resnick Sutton Buol Jones Braig 1,7 Connors 4. Library Board of Trustees — Mayor Appointment One, 4 -Year term through July 1, 2019 (Vacant term of Boice) Applicant: Pat Maddux, 1685 Fox Dr. This commission is subject to the State of Iowa Gender Balance Law. 7 Commissioners total; currently 2 males/4 females/1 Vacancy Yays Nays \ Lynch i,�"" e esnick S on j7 Buol Jones Braig j,- Connors 5. Transit Advisory Board One, 3 -year term through July 3, 2018 (expired term of Esser) Applicant: Matt Esser, 90 Main St. Apt 308 Yays. Nays v'/ Lynch i,�"" Resnick Sutton j7 Buol Jones Braig j,- Connors 12 PUBLIC HEARINGS SUSPEND THE RULES Yays Yay§ Nays Nays Lynch Lynch Lynch Resnick Resnick ,r Sutton Sutton 1/ Buol Buol " i Jones Jones t/ Braig Braig 7 Connors Connors 1. Rezoning Request - 1500 Block of White Street Proof of publication on notice of public hearing to consider a request by Gronen Restoration to rezone the 1500 Block of White Street from R -2A Alternate Two -Family Residential to District to OC Office Commercial District and the Zoning Advisory Commission recommending approval. ORDINANCE 44-15 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 101 E. 15th Street from R -2A Alternate Two -Family Residential District to OC Office Commercial District Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yay§ Nays Lynch Lynch Resnick ,r Resnick Sutton j, Buol "'`/ Jones Buol Braig 7 Jones Connors Final Reading and Adopt Yays Nays Lynch ,r Resnick j, Sutton Buol 7 Jones Braig Connors i764>d�rLM Gf ibir,e6frfrf ,&)677- bg,w 4friti,� 4k". 14 2. Request to Rezone - 460/464 West Locust Street Proof of publication on notice of public hearing to consider a request by Louis Mihalakis/ACE Construction, to rezone property located at 460-464 West Locust Street from C-1 Neighborhood Commercial District to C-3 General Commercial District and the Zoning Advisory Commission recommending denial. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 460-464 West Locust Street from C-1 Neighborhood Commercial District to C-3 General Commercial District Suggested Disposition: Receive and File; Concur with Denial; or Motion B, Motion A S•usPerd-the Readings Yays , Nays \\ Lynch Resnick Sutton Stdn Buol Bp B Jones ✓ / Braig " Connors raig er 4 "j" % —14//m 44t %4/'' 14/./1/A.--7 - Xer" ,/a2/;? ,Zet.li -,,6 //7. Az/I-Xi/9 6424, Final Reading and Aipt Yays(� Na�s \\ Lynch `Resnik Stdn / Bp B ✓ J4ne N " raig 'Connors 14 3. Text Amendment - Residential Freestanding Solar Arrays Proof of publication on notice of public hearing to consider a request by the City of Dubuque to amend the Unified Development Code to establish procedures for the review of new freestanding solar arrays and the Zoning Advisory Commission recommending approval. ORDINANCE •15 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by Amending Articles 16-5-2-2 (R-1), 16-5-3-2 (R-2) 16-5- 4.3 (R -2A), 16-5-5.3 (R-3) and 16-5-6.3 (R-4), 16-5-7.3 (OR) and 16-5-9.3 (OC) to establish maximum area and height requirements for residential freestanding solar arrays Suggested Dispos1t.Gon: Recejve and File; Motion B; Mc ti Suspend the Headings Yays Nays Lynch Resnick Sutton Buol Jones tv Braig Connors Final. -R eed°i rriadd-Ad opt Yays Nays Lynch Resnick Sutton Buol Jones Braig Connors /q/- /47;7 /6)(c,/ /0.0dV 0.0z(eti4( 15 4. Southwest Arterial / English Mill Road Reconstruction Project Proof of publication on notice of public hearing to consider approval of plans, specifications, form of contract, and estimated cost for the SW Arterial / English Mill Road Reconstruction Project and the City Manager recommending approval. ro3 RESOLUTION 255-15 Approval of plans, specifications, form of contract, and estimated cost for the Southwest Arterial - English Mill Road Reconstruction Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Lynch Resnick Sutton Buol Jones Braig f,,4` Connors REINSTATE THE RULES 0:4.9 5 Yays Nays Lynch Resnick Sutton Buol Jones Braig 17 Connors 16 ACTION ITEMS 1. SRF Green Alley Project Bid Set 2 - Year 3 Award City Manager recommending award of the construction contract for the SRF Green Alley Project Bid Set 2 - Year 3 to the low bidder Drew Cook and Sons Excavating. RESOLUTION 256-15 Awarding public improvement contract for the SRF Green alley Bid Set 2 - Year 3 Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Lynch 1,7- Resnick Sutton ' Buol Jones Braig I Connors --et /We he exii/4"/* /we 17 2. 2015 Bridge Repairs and Maintenance Project Bid Rejection City Manager recommending rejection of the single bid proposal received for the 2015 Bridge Repairs and Maintenance Project due to a lack of competitive bids and insufficient funding to proceed with the construction improvements as proposed. RESOLUTION 257-15 Rejecting competitive bid proposal received for the 2015 Bridge Repairs and Maintenance Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays V/ Lynch Resnick a Sutton Buol Jones Braig .2 Connors 00 'Pi 42 zuZifrd/zi bio 18 1/j 3. Property Acquisition - McFadden Properties, LLP City Manager recommending approval of the Offer to Buy Real Estate and Acceptance on behalf of McFadden Properties LLP. RESOLUTION 258-15 Approving an Offer to Buy and Acceptance for the acquisition of real estate owned by McFadden Properties, LLP in Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Lynch Resnick Sutton Buol rr Jones Braig Connors hi -if 6--/7 19 4. 2016-2020 Consolidated Plan for Housing and Community Development City Manager recommending adoption of the FY 2016-2020 Consolidated Plan, the FY 2016 Annual Action Plan and the Analysis of Impediment to Fair Housing. RESOLUTION 259-15 Adopting the FY 2016-2020 Consolidated Plan for Housing and Community Development; authorizing the Mayor to execute said Plan and all necessary certifications; designating the City Manager as the authorized Chief Executive Officer for the Consolidated Plan; and directing that said Plan be submitted to the U.S. Department of Housing and Urban Development Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Lynch Resnick Sutton Buoi Jones Braig Connors 20 5. Code of Ordinances Amendment - Title 8 Human Rights Commission City Manager recommending approval of an ordinance which creates a new Title 8, Chapter 2 which establishes the Human Rights Commission and provides for the powers, operation, membership and meetings. 0/ - ORDINANCE 45-15 Amending City of Dubuque Code of Ordinances Title 8 Human Rights by repealing Chapter 2 Human Rights Commission and adopting a new Chapter 2 Human Rights Commission in lieu thereof Establishing the Human Rights Commission and Providing for the Powers, Operation, Membership, and Meetings Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays 1,7c9 Lynch "" Resnick /,,-"-' Sutton Buol .'' Jones Braig Connors 0117 Final Reading and Adopt Yays Nays 1,7c9 Lynch "" Resnick /,,-"-' Sutton Buol 2' Jones Braig Connors 21 COUNCIL MEMBER REPORTS PUBLIC INPUT .:1•Z CLOSED SESSION p.m. Pending Litigation and Property Acquisition Pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa Yays \� „ 4lay,4 ii'°` nch7 R n i k ,,,✓` Sart 1342.-----`' $uol / Jones 1/..:;7 Braig Connors ADJOURNMENT p.m. Yays _ Nays ii'°` Lynch Resnick Sutton Buol Jones 1/..:;7 Braig Connors 22 go/