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8 1 16 City Council Agenda ROLL CALL ORDER FOR MEETING OF August 1, 2016 Jones, Resnick, Rios, Del Toro, Lynch, Connors, Bull CRY OF DUBUQUE IOWA cygFA4 CITY COUNCIL MEETING r: Historic Federal Building O '. �" 350W. 6th Street � aF August 1, 2016 r Council meetings are video drowned live and archived at www.cityottlubuque.org/metlia and on Dubuque's CbyChannel on the Radial cable system at cable channel 8 and digital 85.2. REGULAR SESSION 6:30 PM PLEDGE OF ALLEGIANCE PRESENTATIONUS) 1. Iowa Govemora Volunteer Award Presentation Presentation of the Iowa Governor s Volunteer Award m americorps Partners In Learning volunteer Liz Griffin. CONSENT REMS The consent agenda items are considered to be routine and non controversial and ell consent bill be normally voted upon In a single motion whrout any separaR decussion on a polocular iRm. If you would like to discuss one of the Consent IRms, please go to the microphone and be recognized by the Mayor and stag the IRm you would like dral from the Consent Agenda for operate decussion and consitleraeon. 1. Mnules and Reports Submitted Cargo Creek Watershed Authority of 4126, City Council Proceed des of 7118, Historic Preservation Commission of 7121, Human Rights Com asson of Sir 3, Lord Range Plenni of Arm nary Com ageon of 7126, Mechanical Board of 711$ Sher airy Radnorshire Ativisary aam a sson of 7126, Proof of Publi Cohen for City Council Proceed des of 715116, Prod of publication for 6,4 of Claims and Summery of Revenues for Wrod Enron 5131_ Suggested Disposition: Receive and File 2. NMiw &Claims and Suits Anthony Elskemp for property damage, Mark and Cetherirte Hell of for property damage, Cmig MCGmne for whi cls houses, Suggested Disposition: Receive and File; Rotor o City Attorney 3. Disposition of Claims Cry Attorney etivising that the folhowng clef nor how been referred to Public Entity Risk Sourness of loco, the agent for the lova Communities Assurance Per Anthony Elskemp for property damage, Catherine Hell of for property damage, Craig MCGrene for vehicle damage Suggested Disposition: Receive and File; Concur 4. U.S. Conference of Mayors Advisory Board Correspondence from Senator Chuck Grassley; New York City Mayor Bill de Blasio; and Rochester Hills, MI, Mayor Bryan Barnett congratulating Mayor Buol on his election to the U.S. Conference of Mayors Advisory Board. Suggested Disposition: Receive and File 5. Teri Goodmann to Serve on US EPA Local Government Advisory Committee City Manager transmitting correspondence from the U.S. Environmental Protection Agency inviting Assistant City Manager Teri Goodmann to serve on the EPA's Local Government Advisory Committee. Suggested Disposition: Receive and File 6. Recognition of Mary Bridget Corken-Deutsch and AmeriCorps Volunteers City Manager transmitting correspondence from the Dubuque Community School District recognizing AmeriCorps Program Director Mary Bridget Corken-Deutsch and AmeriCorps Volunteers for helping to improve student reading proficiency. Suggested Disposition: Receive and File 7. Greater Dubuque Development Corporation 2016 Annual Report City Manager transmitting the 2016 Annual Report for Greater Dubuque Development Corporation. Suggested Disposition: Receive and File 8. Resource Enhancement and Protection (REAP) Plan Update, Grant Application and Committee Representative City Manager recommending approval of the City of Dubuque's FY 2017 Resource Enhancement and Protection (REAP) Plan update and the resolution authorizing the REAP grant application for the Valentine Park Expansion —Land Acquisition Project. It is further recommended that the City Council confirm Council Member Joyce Connors as the City representative on the Dubuque County REAP Committee. RESOLUTION Authorizing REAP Grant Application to Iowa Department of Natural Resources for Valentine Park Expansion - Land Acquisition Project Suggested Disposition: Receive and File; Approve Update, Adopt Resolution, Confirm Council Representative 9. Friends of the Mines of Spain Funding Request Correspondence from the Friends of the Mines of Spain requesting funding for the historic Pine Chapel. Suggested Disposition: Receive and File; Refer to City Manager 10. Citizen Petition - English Ridge Green Space Citizen petition submitted by the residents of English Ridge Subdivision requesting the City to provide funding for development of a green space in the area of Stone Valley Drive. Suggested Disposition: Receive and File; Refer to City Manager 11. Citizen Petition -Withdrawal from Residential Parking Permit District H Citizen petition from the residents on Phyllrich Drive requesting withdrawal from the ebsting Residential Parking Permit District H by removing Phyllrich Drive between Keystone Drive and Keymont Drive. Suggested Disposition: Receive and File; Refer to City Manager 12. Pre-Annexation Agreement - Gary J. Bakes City Manager recommending approval of a Pre-Annexation Agreement with Gary J. Backes, for property located at 10750 Key West Drive. RESOLUTION Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and Gary J. Backes Suggested Disposition: Receive and File; Adopt Resolution(s) 13. Pre-Annexation Agreement - Elizabeth R. Kirpes Trust City Manager recommending approval of a Pre-Annexation Agreement and Covenants with the Elizabeth R. Kirpes Trust, for property located at 10704 Key West Drive. RESOLUTION Approving a Pre-Annexation Agreement Between the City of Dubuque, Iowa and the Elizabeth R. Kirpes Trust Suggested Disposition: Receive and File; Adopt Resolution(s) 14. Pre-Annexation Agreement - Larry and Sharon McDermott City Manager recommending approval of a Pre-Annexation Agreement with Larry E. and Sharon A. McDermott for Lot 6 and Lot 2-6 of paradise Heights Subdivision No. 3/ 13384 BMR Lane. RESOLUTION Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and Larry E. and Sharon A. McDermott Suggested Disposition: Receive and File; Adopt Resolution(s) 15. Pre-Annexation Agreement - Benjamin L. Moyer City Manager recommending approval of a Pre-Annexation Agreement and Covenants with Benjamin L. Moyer, property owner of 1072 Lake Eleanor Road, which is part of the Twin Ridge Subdivision. RESOLUTION Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and Benjamin L. Moyer Suggested Disposition: Receive and File; Adopt Resolution(s) 16. Grand River Center Air Wall Project Award City Manager recommending that the award for the Grand River Center Air Wall Project be officially recorded in the minutes of the City Council. Suggested Disposition: Receive and File; Make Matter of Record 17. Operating Engineers Collective Bargaining 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 effective October 1, 2016 through September 30, 2017. Suggested Disposition: Receive and File; Approve 18. Sustainable Dubuque Community Grant Recommendations City Manager recommending approval of six projects for funding from the Sustainable Dubuque Community Grant Program. Suggested Disposition: Receive and File; Approve 19. University of Nebraska-Lincoln (UNL) Climate Adaptation Project City Manager recommending approval for Sustainable Community Coordinator Cori Burbach to participate in the University of Nebraska-Lincoln High Plains Regional Climate Center Climate Adaptation Project at no cost to the City of Dubuque. Suggested Disposition: Receive and File; Approve 20. Mediacom Communications Company Correspondence from Lee Grassley, Senior Manager of Government Relations for Mediacom Communications Company, informing the City of changes to the MCC channel line-up on or about August 30, 2016. Suggested Disposition: Receive and File 21. Code of Ordinances -Adoption of Supplement No. 22 City Clerk recommending adoption of Supplement No. 22 to the City of Dubuque Code of Ordinances. RESOLUTION Adopting Supplement No. 22 to the Code of Ordinances of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 22. Alcohol Compliance Civil Penalty for Alcohol License Holder—Hartig Drug Co. City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Hartig Drug Co., 2255 John F. Kennedy Road. Suggested Disposition: Receive and File; Approve 23. 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. Heritage Trail Head Parking Lot Project City Manager recommending initiation of the public bidding procedure for the Heritage Trail Head Parking Lot Project, and further recommends that a public hearing be set for August 15, 2016. 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 8/15/16 2. BioResource Development, LLC - Lease at Water & Resource Recovery Center Changed City Manager recommending a public hearing be set for August 15, 2016, on the Lease between the City of Dubuque and BIRD Three, LLC at the Water and Resource Recovery Center. The night of the public hearing, the City Council will also be considering the Development and Operating Agreement. RESOLUTION of Intent to dispose of an interest in the City of Dubuque-owned property by lease between the City of Dubuque and BIRD Three, LLC Suggested Disposition: Receive and File; Adopt Resolution, Set Public Hearing for 8/15/16 BOARDS/COMMISSIONS 1. Boards and Commissions Application Review Applicants are invited to address the City Council regarding their desire to serve on the follow ng Boards/Commissions. Applicant appointments will be made at the next City Council meeting. Housing Commission Three, 3-year terms through August 17, 2019 (Expiring Terms of Heimke, Schwendinger, Wall) Applicants: Wesley Heimke, 2350 Knob Hill Dr. Dorothy Schwendinger, 3390 Windsor Ave. David Wall, 333 W. 17th St. Mechanical and Plumbing Code Board One, 3-year term through March 16, 2019 (Expired term of Papin) Applicant: Paul Papin, 2955 Jackson St. 2. Boards and Commission Appointments Appointments to the follow ng commissions to be made at this meeting. Human Rights Commission One, 3-year term through January 1, 2019 (Vacant term of Jones) Applicant: Kate Parks, 486 Clarke Dr. This commission is subject to the State of Iowa Gender Balance Law. 9 Commissioners total; currently 5 males/3 females Investment Oversight Advisory Commission One, 3-year term through July 1, 2019 (Expiring term of Ruden) Applicant: Gary Ruden, PO Box 835 (Residency requirement verified) Zoning Advisory Commission (Amended) One, 3-year term through July 1, 2018 (Vacant term of Dietzel) One, 3-year term through July 1, 2019 (Expiring Term of Norton) Applicants: Patrick Norton, 920 Valentine Dr. Rich Russell, 2045 Embassy West Dr. This commission is subject to the State of Iowa Gender Balance Law. 7 Commissioners total; currently 4 males/2 females 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. 1. Sale of Property - Lot 1-16 and Lot 2-16 in Linhein Subdivision (Behind 830 Mt. Carmel Road) Proof of publication on notice of public hearing to consider approval of the sale of city-owned property legally described as Lot 1-67 and Lot 2-16 in Linhein Subdivision to Scott and Sandra Cairns and the City Manager recommending approval. RESOLUTION Disposing of an interest in real property by Deed to R. Scott Cairns and Sandra K. Cairns Suggested Disposition: Receive and File; Adopt Resolution(s) 2. 210 Jones Street - Urban Revitalization Plan Proof of publication on notice of public hearing to consider adoption of an Urban Revitalization Plan for the 210 Jones Street Urban Revitalization Area and the City Manager recommending approval. RESOLUTION Approving the Adoption of an Urban Revitalization Plan for the 210 Jones Street Urban Revitalization Area Suggested Disposition: Receive and File; Adopt Resolution(s) 3. Annexation - Dubuque Industrial Center West Proof of publication on notice of public hearing to consider approval of a 100% voluntary annexation request filed by the City Manager for approbmately 21.14 acres of newly acquired land near the Dubuque Industrial Center West north of Humke Road and west of Seippel Road to facilitate a lease with Alliant Energy for a new solar energy site. RESOLUTION Approving an application for voluntary annexation of territory to the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 4. Grandview Avenue and Loras Boulevard/Grandview Avenue and University Avenue Intersection Improvements Project Proof of publication on notice of public hearing to consider approval of plans, specifications, form of contract, and estimated cost for the Grandview Avenue and Loras Boulevard and the Grandview Avanue and University Avenue I ntersection I mprovements Project and the City Manager recommending approval. RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the Grandview Avanue and Loras Boulevard and Grandview Avenue and University Avanue I ntersection Improvement Project Suggested Disposition: Receive and File; Adopt Resolution(s) PUBLIC INPUT At this time, anyone in the Council Chambers may address the City Council on the Action Items on the agenda or on matters under the control of the City Council. Citizens are asked to approach the podium and state their name and address before proceeding with their comments. Individual remarks are limited to five minutes, and the ovarall Public Input period is limited to 30 minutes. Under the Iowa Open Meetings Law, the City Council can take no formal action on comments given during Public Input which do not relate to Action Items on the Agenda. 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. Smarter Travel Update Presentation East Central Intergovernmental Association (ECIA) and City staff will be making a presentation on the IBM Smarter Travel Project. Suggested Disposition: Receive and File; Presentation 2. Comprehensive Plan - Draft Communications Engagement Plan City Manager recommending approval of the Communications-Engagement Plan for the 2017 City of Dubuque Comprehensive Plan. Staff will make a presentation. Suggested Disposition: Receive and File; Approve, Presentation 3. Bee Branch Watershed Flood Mitigation Project Update Civil Engineer Deron Muehring will make a presentation to the City Council in order to provide an update on the various phases of the Bee Branch Watershed Flood Mitigation Project. Suggested Disposition: Receive and File; Presentation 4. Code of Ordinances Amendment - Title 2 Board of Library Trustees City Manager recommending approval of an ordinance which adds a new Title 2, Chapter 7 which establishes the Board of Library Trustees 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 7 Board of Library Trustees and adopting a new Chapter 7 Board of Library Trustees in lieu thereof establishing the Board of Library Trustees and Providing for the Powers, Operation, Membership, and Meetings Suggested Disposition: Receive and File; Motion B; Motion A 5. Code of Ordinances Amendment - Title 9 Use of Crosswalks City Manager recommending approval of an amendment to the City of Dubuque Code of Ordinance governing crossing roadways. ORDINANCE Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 8 Pedestrians' Rights and Duties by repealing Section 9-8-321.328 Crossing at Other Than Crosswalk and Section 9-8-321.330 Use of Crosswalks; and by enacting a new Section 9-8- 321.328 Use of Crosswalks Providing for the Procedure for Using Crosswalks in the City Suggested Disposition: Receive and File; Motion B; Motion A 6. Code of Ordinances Amendment - Title 14 East-West Corridor Moratorium Extension City Manager recommending approval of a three-year extension to the moratorium for construction, rezoning, subdivision review, and site plan approval in the East-West Corridor Study Area. ORDINANCE Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 2 Building Construction, Demolition and moving, Section 14-2-4 Moratorium for Construction or Other Work on Certain Streets, Areas, or Facilities by extending the Moratorium Suggested Disposition: Receive and File; Motion B; Motion A 7. Supplemental Agreement Between the City of Dubuque and the City of Sageville City Manager recommending approval of a resolution authorizing the Mayor to execute a Supplemental Agreement between the City of Dubuque, the City of Sageville, and Dubuque County which will allow for the transfer of jurisdiction for the roadway segment of the Northwest Arterial (U.S. Highway 52/U.S. Highway 3). RESOLUTION Approving a Supplemental Agreement between the City of Sageville, Iowa, the City of Dubuque, Iowa, and Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 8. Compensation Plan for City Attorney's Office Reorganization City Attorney recommending approval of the proposed compensation plan for the reorganization of the City Attorney's Office scheduled to take place October 1, 2016. Suggested Disposition: Receive and File; Approve 9. Twenty-Fourth Amendment to City Manager Employment Agreement Submittal of the Twenty-Fourth Amendment to City Manager Employment for approval. Suggested Disposition: Receive and File; Approve 10. Request for Work Session - Quarterly Sustainable Dubuque City Manager recommending the City Council schedule the Sustainable Dubuque Quarterly Work Session for Monday, August 29, 2016 at 6:00 p.m. Suggested Disposition: Receive and File; Council 11. Request for Work Session - Bee Branch Creek Restoration Project Walking Tour City Manager recommending the City Council schedule a work session for a Bee Branch Creek Restoration Project walking tour on Monday, September 12, 2016, at 5:30 p.m. Suggested Disposition: Receive and File; Council COUNCIL MEMBER REPORTS CLOSED SESSION Pending Litigation and Property Acquisition —Chapter 21.5(1)(c), -(j) Code of Iowa Collective Bargaining Non-Public Meeting - Chapter 20.17(3) Code of Iowa ADJOURNMENT