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9 8 15 City Council Agenda ROLL CALL ORDER FOR MEETING OF September 8,2015 Bring, SettingResnick, Connors, Jones, Seel, Lynch CITY OF DUBUQUE IOWA `4V OF OpCITY COUNCIL MEETING t ,\ Historic Federal Building C 350 W 6th Street 0NUT � September8 9115 0 / a� Council meemngs are video streamed live and archived at voomecityoftlubuqueorg/media and on Dubuque's CityCbannel on Me Med acorn cable system at Channel (analog) and 85.2 (digitap. WORK SESSION 1. 5:30 PM-Walking Tour of the Dubuque Intermodal T2nsit Center (A ribbon cutting CY be anheduleJ at a Nture date) RE GU AR SESSION 6:30 PM PLEDGE OF ALLEGIANCE PRESENTATIONS) 1. American P ublic Works Associated P roject of the Year Aware Coil Engineer II Jon Signal:to present the Project of the Year swans from the American Pubic Works Association for the SRF Green Alley Project Bis SetYear 1 (Envlmnm ental Less Than$5 Million) PROCUM TIONS) 1. Hunger Action Awareness Day (Septem her 19, 9115) 2. Days M Peace and Ceasefire (September 1149, 9115) CONSENT ITEMS The consent agenda items are considered to be routine and non controversial and all consent items will be normallyvoted upon in a single motion wltlloutany separate discussion on a particular item If youwould like to discuss one of the Consent Items, please go tothe microphone and be recognized by the Mayor and sb@the item you would like removed from the Consent Agenda for separate discussion and consideration. 1. Minutes and Reports Subm iced Aft and Cultural Affairs A Wlsaw Commission of 7/23', City Council Proceedings of 3/3, 8/10 3/1 T, Civil Service Commission of 3/19 Historic Preservation Commission of 3/20', Human Rights Commission of 7/13', Long Range Planning Advisory Commission of 3/19', Sister City Relationships AWlsaw Commission Goal Seting of 8/24 P met of P ublication of City Council Pmceedings of 7/23, 7/29, 3/3, 8/10 3/17, Proof of publication for Notice of Claims and Summary of Receipts for Month Ending 7/31 Suggested Dispositon: Receive and File 2. hence of Claims and Suits Paul Avenarius for vehicle tlamage, Penni Schmitt forvehicletiamage Suggested Dispositon: Receive and File; Refer W City Attorney 3. Disposition M Claims City Attorney advising that the following claims have been reforms to Public Entity Risk Services of Iowa, the agent for the a Com Punitles Assurance Pool. Paul Avenarius for vehicle tlamage, P ennl S chmlit for vehicle dam age Sisters of the Visitation for vehicle tlamage. Suggested Dispositon: Receive and File; Concur 4. Dubuque Wal Resource Recovery Cerner Showing Return on Investment City Manager transmitting the City's informational brochure about the return on investment at the Water& Resource Recovery Center. Suggested Disposition: Receive and File 5. Dubuque Jaycees 2016 Fireworks Request Correspondence from Thomas Parsley, General Manager for Radio Dubuque, in partnership with the Dubuque Jaycees requesting approval to conduct a fireworks display on Sunday, July 3, 2016 from 9:00 p.m. to 10:30 p.m. on Volunteer Road between Hawthorne and Lime Streets with a rain date of July 4, 2016. Suggested Disposition: Receive and File; Approve 6. Acceptance of Storm Sewer Improvements in Lot 1 of Westview Shopping Center Place No. 4 City Manager recommending acceptance of the public improvements that the developer, Molo Oil Company, has recently completed in Lot 1 of Westview Shopping Center Place No. 4 (common address 1895 John F. Kennedy Road). RESOLUTION Accepting public improvements in Lot 1 of Westview Shopping Center Place No. 4 in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 7. Semi Annual Consent Decree Report City Manager recommending approval for the City Manager 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 8. Miller-Riverview Park -Concrete Pads Project Award City Manager recommending that the award for the Miller Riverview Park—Concrete Pads Project to Midwest Concrete, Inc. be officially recorded in the minutes of the City Council. Suggested Disposition: Receive and File; Make Matter of Record 9. Renewal Rates for Worker's Compensation Claims Administration City Manager recommending acceptance of the renewal rates from Alternative Services Concepts for services related to the administration of the City's Worker's Compensation Program. Suggested Disposition: Receive and File; Approve 10. Acceptance of Grant of Sanitary Sewer Utility Easement-3045 Indiana Court City Manager recommending acceptance of a permanent easement for sanitary sewer across part of Lot 1 of Indiana Subdivision No. 2 from Eric Bakken. RESOLUTION Accepting a Grant of Easement for sanitary sewer through, over and across par of Lot 1 of Indiana Subdivision No. 2 in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s) 11. Acceptance of Grant of Easement for Intersection Improvements at Loras Blvd, Grandview Ave. and University Ave. City Manager recommending acceptance of a Grant of Easement for underground electric, fiber optic cable, traffic signals & other Appurtenances and sidewalk across part of Tschirgi and Schwind's Subdivision owned by William and Kathleen Jester. RESOLUTION Accepting a Grant of Easement for Underground Electric, fiber optic cable, traffic signals & other appurtenances and sidewalk through, over and across part of Lot 61, and Lot 1 of the East '/ of Lot 59, in Tschirgi and Schwind's Subdivision, City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 12. Acceptance of Grant of Warranty Deed - 1610 Loras Blvd City Manager recommending acceptance of a Warranty Deed for Access Rights across Part of Lots 59 and 61 in Discharge and Schwind's Subdivision, owned by William and Kathleen Jester. RESOLUTION Approving the acquisition of real estate owned by William and Kathleen jester in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 13. State Flood Mitigation Board -Amendment to Agreement City Manager recommending approval to seek an amendment to the State Flood Mitigation Board Funding Agreement for the Bee Branch Watershed Flood Mitigation Project. RESOLUTION Authorizing an amendment to the Agreement with the State of Iowa Flood Mitigation Board which authorizes the City's use of Sales Tax Increment funding for the Bee Branch Watershed Flood Mitigation Project Suggested Disposition: Receive and File; Adopt Resolution(s) 14. Collective Bargaining Agreement Amendment-Teamsters Local #120 (Bus Operators) City Manager recommending approval of an amendment to the Collective Bargaining Agreement with Teamsters Local Union No. 120 (Bus Operators). Suggested Disposition: Receive and File; Approve 15. German Bank Building City Manager recommending approval of the release of the City's mortgage on the German Bank Building at 342 Main Street. RESOLUTION Approving the release of a Mortgage by the City of Dubuque, Iowa on the German Bank Building at 342 Main Street. Suggested Disposition: Receive and File; Adopt Resolution(s) 16. Property Acquisition - Dubuque Community School District(Audubon School) City Attorney recommending adoption of a resolution accepting the deed to property owned by Dubuque Community School District adjacent to Audubon School for the Bee Branch Creek Restoration Project. RESOLUTION Accepting the Deed to certain real estate in Dubuque County, Iowa from the Dubuque Community School District Suggested Disposition: Receive and File; Adopt Resolution(s) 17. Civil Service Commission Civil Service Commission submitting the Certified Lists for the positions of Public Safety Dispatcher and Sanitation Driver. Suggested Disposition: Receive and File; Make Matter of Record 18. Alice Wolf vs. City of Dubuque City Attorney submitting the Release following the settlement of Alice Wolf vs. the City of Dubuque. Suggested Disposition: Receive and File 19. Quarterly Sustainable Dubuque Report City Manager transmitting the July 2015 Sustainable Dubuque Report. Suggested Disposition: Receive and File 20. U.S. Federal Energy Regulatory Commission Notice from the U.S. Federal Energy Regulatory Commission of a preliminary permit application proposing to study the feasibility of a hydroelectric project at Lock and Dam No. 11. Suggested Disposition: Receive and File; Refer to City Manager 21. Parking System Technician City Manager recommending that the position of Laborer in the Parking Division be replaced with a Parking System Technician position. Suggested Disposition: Receive and File; Approve 22. Restrictive Covenant for Residential Real Estate - 1501-1503 Bluff Street City Manager recommending approval of a Resolution attaching a Restrictive Covenant to 1501-1503 Bluff Street prior to City disposal. RESOLUTION Attaching Duplex-Owner Occupied Residence Restrictive Covenant to 1501-1503 Bluff Street, Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 23. Restrictive Covenant for Residential Real Estate -2525 Windsor Avenue City Manager recommending approval of a resolution attaching a Restrictive Covenant to 2525 Windsor Avenue prior to City disposal. RESOLUTION Attaching Single Family Residence Restrictive Covenant to 2525 Windsor Avenue, Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 24. City Street Financing Report for Fiscal Year 2015 City Manager recommending approval of the City of Dubuque's Fiscal Year 2015 City Street Financing Report and authorize filing with the Iowa Department of Transportation. RESOLUTION Approving the City of Dubuque Fiscal Year 2015 City Street Financing Report Suggested Disposition: Receive and File; Adopt Resolution(s) 25. Request for Qualifications -Transit Bus Storage Facility City Manager recommending approval to release a Request for Qualifications to solicit consultant interest in Design Development Construction Documents, and Construction Administration Services for the Transit Bus Storage Facility. Suggested Disposition: Receive and File; Approve 26. Request for Proposals -Southwest Arterial Project Construction Engineering Services City Manager recommending authorization to proceed with initiating the Request for Proposals process for soliciting proposals from qualified consulting firms to provide all phases of Construction Engineering Services for both the English Mill Road Reconstruction Project and the Military Road Reconstruction Project. Suggested Disposition: Receive and File; Approve 27. Authorized Depository Institutions City Manager recommending approval to add Hometown Bank as an authorized depository for City ambulance funds. RESOLUTION Naming Depositories Suggested Disposition: Receive and File; Adopt Resolution(s) 28. AmeriCorps Partners in Learning Grant Agreement for 2015-2016 City Manager recommending approval of the City Managers execution of the grant agreement for the period September 1, 2015, to August 31, 2016 with the Iowa Commission on Volunteer Service. Suggested Disposition: Receive and File; Approve 29. Improvement Contracts / Performance, Payment and Maintenance Bonds Drew Cook & Sons Excavating, Inc., for SRF Green Alley Project Bid Set 2-Year 3; and IA 32 Hike-Bike Trail Phase 4 & 5 Project; Portzen Construction, Inc., for SRF Green Alley Project Bid Set 3-Year 3; Suggested Disposition: Receive and File; Approve 30. Alcohol License Applications City Manager recommending approval of annual beer, liquor 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) ITEMS SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. 1. Lake Eleanor Lift Station and Water Main Extension Project City Manager recommending initiation of the public bidding process for the Lake Eleanor Lift Station Project, and further recommends that a public hearing be set for September 21, 2015. RESOLUTION 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 9/21/15 2. Federal Building Lease - Iowa State University City Manager recommending that a public hearing be set for September 21, 2015 on the proposal to lease space in the Federal Building to Iowa State University. RESOLUTION 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 9/21/15 3. Fiscal Year 2016 First Budget Amendment City Manager recommending the first Fiscal Year 2016 Budget Amendment be set for public hearing for September 21, 2015. RESOLUTION Setting the date for the public hearing on Amendment No. 1 to the Fiscal Year 2016 Budget for the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for 9/21/15 4. Bunker Hill Golf Course Irrigation Phase 2 Project City Manager recommending initiation of the public bidding process for the Bunker Hill Irrigation Replacement Phase 2 Project, and further recommends that a public hearing be set for September 21, 2015. RESOLUTION 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 9/21/15 5. Sale of Property-2525 Windsor Avenue City Manager recommending that a public hearing be set September 21, 2015, on the disposal of 2525 Windsor Avenue to Ted Stackis Construction in accordance with all terms and conditions set forth in the bid documents and Contract Agreement. RESOLUTION of Intent to dispose of an interest in City of Dubuque real estate, setting a time and place for hearing and providing for the hearing of notice thereof Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for 9/21/15 6. Voluntary Annexation - Bahl Property City Manager recommending that a public hearing be set for October 5, 2015, on the voluntary annexation request from Martin J. and Linda C. Bahl, and Terrance G. Bahl, for 1.3 acres of their property from Asbury Road north to Forest Hills Subdivision in the City of Asbury. RESOLUTION Setting a public hearing on an application for voluntary annexation of territory to the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for 10/5/15 BOARDS/COMMISSIONS 1. Boards and Commissions Applicant Review 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. Historic Preservation Commission Two, 3-year terms through July 1, 2018 (Vacant terms of Krueger At-Large) and (Rapp Old Main District - Interim) Applicants: Susan Price, 653 '/ White St. (Qualifies for At-Large) D. Joseph Rapp, 27 Locust St. (Old Main District— Interim) This commission is subject to the State of Iowa Gender Balance Law. 9 Commissioners total; currently 4 males/1 female/4 vacancy Environmental Stewardship Advisory Commission One, 3-year term through October 1, 2018 (Expired term of Koch) Applicant: David Koch, 1950 Admiral St. 2. Boards and Commissions Appointments Appointments to the following commissions to be made at this meeting. Arts and Cultural Affairs Advisory Commission One, 3-year term through June 30, 2018 (Vacant term of Henkels- Business Professional in the cultural and entertainment district) Applicant: Matthew Gregory, 1560 Iowa St. Unit 3 (Qualifies for Business Professional in the cultural and entertainment district) Housing Trust Fund Advisory Committee One, 3 year term through August 17, 2018 (Vacant term of Holz) Applicant: Jim Holz, 3010 Indiana Court Human Right Commission One, 3-year term through January 1, 2016 (Vacant term of Lenhart) Applicants: Sarah Fisher, 3045 Kaufmann Angela Jones, 2413 Pearl St. (Additional Applicant) Adrienne Scott, 1365 Solon St. (Additional Applicant) R.R.S. Stewart, 460 Summit St. This commission is subject to the State of Iowa Gender Balance Law. 9 Commissioners total; currently 4 males/4 female/1 vacancy 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. Dubuque Industrial Center Economic Development District- Urban Renewal Plan Amendment Proof of publication on notice of public hearing to consider approval of an amended and restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District and the City Manager recommending approval. RESOLUTION Approving the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District Suggested Disposition: Receive and File; Adopt Resolution(s) 2. Upper Bee Branch Creek Mississippi River Trail Project Proof of publication on notice of public hearing to consider approval of plans, specifications, form of contract and estimated cost for the Upper Bee Branch Creek Mississippi River Trail Project and the City Manager recommending approval. RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the Upper Bee Branch Creek Mississippi River Trail (MRT) Iowa DOT Project No. SB-IA-2100(675)-7T-31 Suggested Disposition: Receive and File; Adopt Resolution(s) 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. Appeal of Historic Preservation Commission Action - 100 Main Street Joe Zwack filing an appeal of a Historic Preservation Commission action denying the addition of balconies at his business, Lot 1, 100 Main Street. Suggested Disposition: Receive and File; Council 2. 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 3. Annexation and Roadway Improvement Agreement with the City of Asbury City Manager recommending approval of an Annexation and Roadway Improvement Agreement between the City of Asbury and the City of Dubuque related to properties owned by Stephen Kelley and Martin, Linda and Terrence Bahl. RESOLUTION Approving the Annexation and Roadway Improvement Agreement between the City of Asbury and the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 4. Severance Request - Kelley Property City Manager recommending approval of a Severance Petition from Stephen Kelley, 6900 Asbury Road, to facilitate annexation of the property to the City of Asbury. RESOLUTION Approving severance of certain territory from the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s) 5. Water& Resource Recovery Center- Nutrient Reduction Plan City Manager recommending approval of the draft Nutrient Reduction Strategy for the Water& Resource Recovery Center prepared by Strand Engineers and Associates and to recommend authorization for Strand to submit the plan to Iowa Department of Natural Resources (IDNR). Staff will make a brief presentation. RESOLUTION Authorizing Strand Associates of Madison, Wisconsin, to submit to the Iowa Department of Natural Resources the Water& Resource Recovery Center Nutrient Reduction Plan Suggested Disposition: Receive and File; Adopt Resolution(s), Staff Presentation 6. Roadway Improvement Project at John F. Kennedy Road and West 32nd Street City Manager recommending approval of an Agreement with developer Kivlahan Farms L.C. for construction of public roadway improvements at the intersection of JFK Road and West 32nd Street. RESOLUTION Approving an Agreement for Construction of Roadway Improvements at JFK Road and West 32nd Street between the City of Dubuque, Iowa and Kivlahan Farms, L.C. Suggested Disposition: Receive and File; Adopt Resolution(s) 7. Environmental Covenant-Old City Garage (PNG) Site City Manager recommending approval of a resolution approving an Environmental Covenant and Termination and Release of Property Restriction for the old City Garage site, formerly People Natural Gas. RESOLUTION Approving an Environmental Covenant and Termination and Release of Property Restriction for the old City Garage site, formerly Peoples Natural Gas at 925 Kerper Boulevard, Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 8. Mission of Mercy Dental Clinic City Manager recommending City support for the Iowa Mission of Mercy Dental Clinic event sponsored by the Iowa Dental Foundation and scheduled for September 21 through 24, 2016 at Five Flags Center. Suggested Disposition: Receive and File; Approve 9. Code of Ordinances Amendment - Industrial Center West Urban Renewal City Manager recommending approval of an amendment to the tax increment ordinance for the Dubuque Industrial Center Economic Development District that would allow tax increment financing to be used in the new Subarea G. ORDINANCE Amending Ordinance No. 39-15, Previously Amended, providing that general property taxes levied and collected each year on all property located within the Amended And Restated Dubuque Industrial Center Economic Development District Urban Renewal Area of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with the Amended And Restated Dubuque Industrial Center Economic Development District Urban Renewal Redevelopment Project Suggested Disposition: Receive and File; Motion B; Motion A 10. Code of Ordinances Amendment-Title 2 Civil Service Commission City Manager recommending approval of an ordinance amendment which establishes the Civil Service 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 2 Civil Service Commission and Adopting a New Chapter 2 Civil Service Commission in Lieu Thereof Establishing the Civil Service Commission and Providing for the Powers, Operation, Membership, and Meetings Suggested Disposition: Receive and File; Motion B; Motion A 11. Code of Ordinances Amendment-Title 2 Sister City Relationships Advisory Commission City Manager recommending approval of an ordinance which adds a new Title 2, Chapter 9 which establishes the Sister City Relationship 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 9 Sister City Relationships Advisory Commission and Adopting a New Chapter 9 Sister City Relationships Advisory Commission in Lieu Thereof Establishing the Sister City Relationships Advisory Commission and Providing for the Powers, Operation, Membership, and Meetings Suggested Disposition: Receive and File; Motion B; Motion A 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 to Chapter 21.5(1)(c), -Q)Code of Iowa ADJOURNMENT