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8 1 16 Clerk's Skeleton Notes and Meeting CallCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on August 1, 2016 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor BGo1; Council Members Connors, Del TKO''', "Jones, Lyt'ch, Ren ick, os; City Manager V d Milligen, City Attory Lindahl Ab n: 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 PRESENTATION(S) 1. Iowa Governor's Volunteer Award Presentation Presentation of the Iowa Governor's Volunteer Award to AmeriCorps Partners in Learning volunteer Liz Griffin. 0,07 1 CONSENT ITEMS Yays Nays V Jones /s°'" Resnick Rios Del Toro ,/ Lynch Connors I..' Buol 1. Minutes and Reports Submitted Catfish Creek Watershed Authority of 4/26; City Council Proceedings of 7/18; Historic Preservation Commission of 7/21; Human Rights Commission of 6/13; Long Range Planning Advisory Commission of 7/20; Mechanical Board of 7/19; Sister City Relationships Advisory Commission of 7/20; Proof of Publication for City Council Proceedings of 7/5/16; Proof of publication for List of Claims and Summary of Revenues for Month Ending 5/31. Suggested Disposition: Receive and File 2. Notice of Claims and Suits Anthony Elskamp for property damage; Mark and Catherine Helling for property damage; Craig McGrane 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: Anthony Elskamp for property damage; Catherine Helling for property damage; Craig McGrane 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 2 Yays Nays Jones Resnick Rios Del Toro Lynch Connors Buol 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 283-16 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 3 Yays Nays Jones Resnick Rios Del Toro Lynch Connors Buol 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 existing 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 284-16 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 285-16 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) 4 Yays Nays Jones Resnick Rios Del Toro Lynch Connors Buol 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 286-16 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 287-16 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 5 Yays Nays Jones Resnick Rios Del Toro Lynch Connors Buol 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 288-16 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 6 Yays Nays Jones Resnick Rios Del Toro Lynch Connors Buol 23. Alcohol License Applications City Manager recommending approval of annual beer, liquor and wine licenses as submitted. RESOLUTION 289-16 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) 7 ITEMS SET FOR PUBLIC HEARING 1. Heritage Trail Head Parking Lot Project 2. BioResource Development, LLC - Lease at Water & Resource Recovery Center Added Resolution 8/15/16 Yays Nays s Jones 1 Resnick Rios Del Toro Lynch L/ Connors Buol 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 290-16 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 City Manager recommending a public hearing be set for August 15, 2016, on the Lease between the City of Dubuque and BRD 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 291-16 Resolution of Intent to dispose of an interest in the City of Dubuque -owned property by lease between the City of Dubuque and BRD Three, LLC Suggested Disposition: Receive and File; Adopt Resolution, Set Public Hearing for 8/15/16 8 BOARDS/COMMISSIONS 1. Housing Commission (Review) Three, 3 -year terms through August 17, 2019 (Expiring Terms of Heimke, Schwendinger, Wall). Applicants: 1. Wesley Heimke, 2350 Knob Hill Dr.; 2. Dorothy Schwendinger, 3390 Windsor Ave.; 3. David Wall, 333 W. 17St. ,-"; 2. Mechanical and Plumbing Code Board (Review) One, 3 -year term through March 16, 2019 (Expired term of Papin). Applicant: 1. Paul Papin, 2955 Jackson St. 491), 3. Human Rights Commission (Appointment) One, 3 -year term through January 1, 2019 (Vacant term of Jones). Applicant: 1. 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 Yays , Nays Jones V Resnick V Rios Del Toro Lynch Connors vr Buol 4. Investment Oversight Advisory Commission (Appointment) One, 3 -year term through July 1, 2019 (Expiring term of Ruden). Applicant: 1. Gary Ruden, PO Box 835 (Residency requirement verified) Yays Nays Jones V Resnick V Rios Del Toro Lynch Connors vr Buol 9 5. Zoning Advisory Commission lAmended) (Appointment) One, 3 -year term through July 1c;'` ~(Vacant term of Dietzel). One, 3 -year term through July 1, '' Expiring Term of Norton) Applicants: 2. Patrick Norton, 920 Valentine Dr.; and 3. 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 Yays Nays Jones t..":„.: Resnick Rios Del Toro ~' Lynch Connors Buol 10 PUBLIC HEARINGS 1. Sale of Property - Lot 16 nd Lot 2-16 in Linhein Subdivision (Behinds Mt. Carmel Road) 14 Proof of publication on notice of public heing to consider approval of the sale of city - owned property legally described as Lot(t-P and Lot 2-16 in Linhein Subdivision to Scott and Sandra Cairns and the City Manager recommending approval. RESOLUTION 292-16 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) Yays Nays ,16/7, Jones Resnick i. Rios Del Toro / Lynch Connors Buol #092 11 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 293-16 Approving the Adoption of an Urban Revitalization Plan for the 210 Jones Street Urban Revitalization Area Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Jones Resnick Rios Del Toro / Lynch i/` Connors Buol 12 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 approximately 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 294-16 Approving an application for voluntary annexation of territory to the City of Dubuque, Iowa Suggested Disposition: Receiv and File; Adopt Resolution(s) Yays 'Aays/ it/ Jones g°" Resnick Rios Del Toro Lynch Connors Buol 13 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 Avenue and University Avenue Intersection Improvements Project and the City Manager recommending approval. RESOLUTION 295-16 Approval of plans, specifications, form of contract, and estimated cost for the Grandview Avenue and Loras Boulevard and Grandview Avenue and University Avenue Intersection Improvement Project Suggested Disposition: Receive and File; Adopt Resolution(s) /J. C ,b a *di(' 471,6 a Pi,* lz 01/7 eli-.70 r 1 6 freAcv / 9° 14 4/P a PUBLIC INPUT 4/g/ht /Pix ,Lierifair rin*? 15 ACTION ITEMS 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 Yays Nays Jones `, Resnick / Rios Del Toro Lynch Connors (L.�"' Buol /021 AN 4 - 4'1% kil/ 1"' 142 9/1 � /1Aka- 12-71 -YAreizor 16 2. Comprehensive Plan - Draft Communications Engagement Pian City Manager recommending approval of the Communications -Engagement Plan for the 2017 City of Dubuque Comprehensive Plan. Staff will make a presentation. , d.,0 Suggested Disposition: Receive and File; Approve, Presentation Yays Nays Jones Resnick yO" Rios Del Toro Lynch r`"4/ Connors Buol rU 17 114/L 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 Yays Nays Jones Resnick Rios v _ Del Toro Lynch Connors Buol hol 3,4/4x. de f / ; ) 7 /(//142d zitif kg k47, ,6, wifel i -Aro* gee/ *0-ePPi 0 ki it,iii(e,2?0**/ Aziel/fr 18 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 37-16 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 Suspend the Readings Yays Nays Nays Jones te, Jones Resnick Rios Del Toro Rios Lynch Del Toro Connors ,, Buol Final Reading and Adopt Yays / Nays te, Jones Resnick Rios 1,'' Del Toro ,, Lynch Connors Buol 0 407 ir2/45 /7/4 19 fegf5. 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 38-16 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 Suspend the Readings Yays Nays Jones Resnick Rios Del Toro Lynch Connors Buol Final Reading and Adopt Yays Nays Jones ,/` e.� , Resnick v//9 Rios j' Del Toro Lynch Connors Buol #R4 4)fi.ed,/ rii4n,d4, -S/1,9lken � - ''br.i k - ,SdI/ /74or ofr s. /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 39-16 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 Suspend the Readings Yays Nays fri/;;; I://) Jones Resnick Rios Del Toro Lynch Connors Buol /OM Final Reading and Adopt Yays Nays Jones ResnickRios °°' Del Toro ,,. Lynch • Connors Buol 21 I' 4/ 7. Supplement; eement Between the City of Dubuque and the City of Sageville` City Mana•er 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 296-16 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) Yays , Nays IV Jones Resnick Rios Del Toro Lynch fr, „r,7, Connors Buol /00„, elfi/ A 'IM6/7W EV*/ ZA1/0/7/1eo7 cipae 4/#1,1i 22 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 Yays Nays Jones Resnick Rios . Del Toro °` Lynch f=- Connors Buol 40 iitelaiihs 3/6 fes. �- %me //("7' 161/ -**7/41e‘ - id& e -01/1- friok °A -5/4i> itn/r A9)€4/ 1*1 tak roa eiar„ �' 40-4w )19,r, bito/vi 6,4 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 Yays �.. Nays " / Jones Resnick Va Rios Del Toro v Lynch s Connors 9 Buol &01,2_0 txpe-- 1(fitee /9:-/ **/* 6 -40/ e ZVI/ — /0i" 4;k7 gfl 7g/rt Awe, - 24 10. Request for Work Session Quarterly Sustainable Dubuque City Manager recommending the ity Council schedule the Sustainable Dubuque Quarterly Work Session for Monday, August 29, 2016 at 6:00 p.m. Suggested Disposition: Receive and File; Council Yays Nays ones s ck Ir o ynch Connors Buol 4,//1/*/71 /tilde/ 25 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 r 1/114, Yays Nays Jones Resnick Rios 1...< Del Toro Lynch V. Connors Buol 26 COUNCIL MEMBER REPORTS to/ Rai ‘‘. keidi /40:eh, 444 ‘e",- 4-7,34) CLOSED SESSION @. p.m. Pending Litigation and Property Acquisition — Chapter 21.5(1)(c), -(j) Code of Iowa Yays Nays ;ti.®' Jones 1°°' <, Resnick Rios Del Toro Lynch z-" Connors Buol ADJOURNMENT Yays Nays Jones Resnick Rios Del Toro Lynch Connors Buoi p.m. 7 Collective Bargaining Non -Public Meeting - Chapter 20.17(3) Code of Iowa 27 TO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a Regular Session of the City Council to be held on Monday, August 01, 2016 at 6:30 PM in the Historic Federal Building for the purpose of conducting such business that may properly come before the City Council. Consent Items: Pages 1-4 oy D. Buol, Mayor