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8 15 16 Assistant City Clerk's Skeleton NotesTO: Trish L. Gleason, Assistant City Clerk You are hereby directed to call a regular session of the City Council to be held on Monday, August 15, 2016 p.m. at 6:00 p.m. in the Historic Federal Building for the purpose of conducting such business that may properly come before the City Council. Roy D. Buol, Mayor CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:00 p.m. on August 15, 2016 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Connors, Del Toro, Jones, Lynch, Resnick, Rios; Assistant City anager Steinhauser, City Attorney Lindahl oc- ' Absent: Del -Corn. 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. Welcome Back College Students Weeks (August 22 -September 5, 2016) was accepted by - Ca,r- -} c ,lac-lot.,e 0-cr CONSENT ITEMS Yays Nays Buol Rios is- Resnick ✓ Jones Lynch I .f Connors , 1. Minutes and Reports Submitted Arts and Cultural Advisory Commission of 6/28; City Council Proceedings of 7/26; 8/1, 8/2, 8/3, 8/4; Community Development Advisory Commission of 7/19; Dubuque County Emergency Management Commission Minutes of 11/3/2015; 2/16/2016; 5/17/2016; Five Flags Civic Center Advisory Commission of 7/25; Housing Commission of 7/26; Investment Oversight Advisory Commission of 7/27; Library Board of Trustees of 5/26, 6/6, 6/23; Park and Recreation Commission of 7/12; Transit Advisory Board of 7/14; Zoning Advisory Commission of 8/3; Zoning Board of Adjustment of 7/28; Proofs of Publication for City Council Proceedings of 7/11, 7/18, 7/26; Proof of Publication for List of Claims and Summary of Revenues for Month Ending 6/30 Suggested Disposition: Receive and File 2. Notice of Claims and Suits Terry Frost for property damage; Martha Intveld 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: Terry Frost for property damage; Martha Intveld for vehicle damage. Suggested Disposition: Receive and File; Concur 4. AmeriCorps Partners in Learning 2016-17 Grant Agreement City Manager recommending approval of a grant agreement the Iowa Commission on Volunteer Services for the AmeriCorps Program. Suggested Disposition: Receive and File; Approve 2 Yays Nays Buol Rios Resnick Jones Lynch Connors Del Toro 5. Continuum of Care Phoenix Housing Special Needs Assistance Program City Manager recommending approval of a contract with the U.S. Department of Housing and Urban Development (HUD) for administration of the Continuum of Care Phoenix Housing Special Needs Assistance Program that provides rental assistance for homeless, disabled persons. Suggested Disposition: Receive and File; Approve 6. Request for Proposals - Outdoor Pools Facility Assessment Consultant Services City Manager recommending approval of a Request for Proposal for consultant services for an in-depth assessment of both Flora and Sutton Pools, provide a detailed report including a maintenance plan and recommendations, as well as develop a master plan for Tong -term planning. Suggested Disposition: Receive and File; Approve 7. Southwest Arterial Property Acquisition Parcel 76 - Siebe City Manager recommending approval of a Resolution accepting the Grant of Permanent Utility Easement from Wesley A. Siebe and Sandra S. Siebe for the purchase of a permanent utility easement for the Southwest Arterial Project. RESOLUTION 297-16 Accepting a Grant of Permanent Utility Easement for the Southwest Arterial Project from Wesley A. and Sandra S. Siebe Suggested Disposition: Receive and File; Adopt Resolution(s) 8. Four Mounds Strategic Planning Agreement City Manager recommending approval of an agreement between the City of Dubuque and Four Mounds Foundation for development of short- and long-term strategic planning. Suggested Disposition: Receive and File; Approve 3 Yays Nays Buol Rios Resnick Jones Lynch Connors Del Toro 9. Rite Hite / Iowa Economic Development Authority Contract City Manager recommending approval of a contract by and among Rite Hite/AB(MC)2, the City of Dubuque and the Iowa Economic Development Authority for expansion of Rite Hite's operations in Dubuque. RESOLUTION 298-16 Authorizing the execution of a contract for State Business Financial Assistance by and among Rite Hite/AB(MC)2, the City of Dubuque, Iowa and the Iowa Economic Development Authority Suggested Disposition: Receive and File; Adopt Resolution(s) 10. Community Housing Initiatives (CHI) Agreement City Manager recommending approval of an Agreement between Community Housing Initiatives -Washington Neighborhood Housing Partnership and the City of Dubuque's Housing & Community Development Department. Suggested Disposition: Receive and File; Approve 11. Hillcrest Family Services Environmental Review Determination City Manager recommending approval for the Mayor to execute the Environmental Review Determination for Hillcrest Family Services Continuum of Care -Funded Program. Suggested Disposition: Receive and File; Approve 12. Quarterly Investment Report for July 30, 2016 City Manager transmitting the June 30, 2016 Quarterly Investment Report. Suggested Disposition: Receive and File 4 Yays Nays Buol Rios Resnick Jones Lynch Connors Del Toro 13. NW Arterial Fiber Optics - John F. Kennedy Road to US 52 Project Acceptance City Manager recommending acceptance of the construction contract for the NW Arterial Fiber Optics — JFK to US 52 Project as completed by Portzen Construction, Inc. RESOLUTION 299-16 Accepting the NW Arterial Fiber Optics - JFK to US 52 Project and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 14.2016 Sewershed 7, 11 and 12 Manhole Project Acceptance City Manager recommending acceptance of the public improvement construction contract for the FY16 Sewershed 7, 11 and 12 Sanitary Sewer Manhole Project as completed by Connolly Construction, Inc. RESOLUTION 300-16 Accepting the FYI 6Sewershed 7, 11, and 12 Sanitary Sewer Manhole Project and authorizing the payment to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 15. 2015 SCADA (Flow Metering Stations) Manhole Installation Project Acceptance City Manager recommending acceptance of the public improvement construction contract for the 2015 SCADA (flow metering stations) Manhole Installation Project, as completed by Connolly Construction, Inc. RESOLUTION 301-16 Accepting the 2015 SCADA (Flow Metering Stations) Manhole Installation Project and authorizing the payment to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 16. Dubuque County Board of Health 28E Agreement City Manager recommending approval to continue the City's contract for the inspection of swimming pools and spas, tattoo parlors and tanning facilities in Dubuque County. Suggested Disposition: Receive and File; Approve 5 Yays Nays Buol Rios Resnick Jones Lynch Connors Del Toro 17. Mediacom Communications Company Correspondence from Lee Grassley, Senior Manager of Government Relations for Mediacom Communications Company, informing the City of monthly rental pricing adjustments for its digital transport adapters (DTA) on or about September 1, 2016. Suggested Disposition: Receive and File 18. Improvement Contracts / Performance, Payment and Maintenance Bonds Commercial Flooring Company for the Grand River Center Ballroom, Concourse and River Room Carpet Replacement Projects; Top Grade Excavating, Inc. for the 30 -Inch Sanitary Sewer Force Main Relocation Phase II Suggested Disposition: Receive and File; Approve 19. Alcohol Compliance Civil Penalty for Alcohol License Holder — Chances R City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Chances R, 1046 Central Avenue. Suggested Disposition: Receive and File; Approve 20. Alcohol Compliance Civil Penalty for Alcohol License Holder — Kwik Stop Food Mart City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Kwik Stop Food Mart, 4039 Pennsylvania Avenue. Suggested Disposition: Receive and File; Approve 21. Tobacco Compliance — Civil Penalty for Tobacco License Holder — Kwik Stop #78 City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for Kwik Stop #78, 4039 Pennsylvania Avenue. Suggested Disposition: Receive and File; Approve 6 Yays Nays Buol Rios Resnick Jones Lynch Connors Del Toro 22. Tobacco Compliance — Civil Penalty for Tobacco License Holder — Ron's Discount Smokes City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for Ron's Discount Smokes & Beverage Center, 3300 Asbury Road. Suggested Disposition: Receive and File; Approve 23. Alcohol Compliance Civil Penalty for Alcohol License Holder — Yardarm City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Yardarm, 1201 Shiras Avenue Extension. Suggested Disposition: Receive and File; Approve 24. Alcohol License Applications City Manager recommending approval of annual beer, liquor and wine licenses as submitted. RESOLUTION 302-16 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. Removal of Phyllrich Drive from Residential Parking Permit District H 9/6/16 2. Dubuque Industrial Center West - Resolution of Necessity for Urban Renewal Plan Amendment 9/19/16 Yays Nays ✓'-- Buol ✓ Rios Resnick Jones , ,/ Lynch 1 (V Connors -lae4l Te - 1. Removal of Phyllrich Drive from Residential Parking Permit District H City Manager recommending a public hearing be set for September 6, 2016, on the removal of Phyllrich Drive from Residential Parking Permit District H. Suggested Disposition: Receive and File; Set Public Hearing for 9/6/16 2. Dubuque Industrial Center West - Resolution of Necessity for Urban Renewal Plan Amendment City Manager recommending approval of a Resolution of Necessity that finds that an Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District is both necessary and appropriate and sets a public hearing on the proposed amendment for September 19, 2016. RESOLUTION 303-16 Resolution of Necessity Finding that certain new Subareas should be established within the Dubuque Industrial Center Economic Development District, that the establishment of said Subareas 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 to include the new Subareas Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for 9/19/16 BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. 1. Long Range Planning Advisory Commission One, 3 -year term through July 1, 2019 (Vacant term of Prochaska), Applicant: Michael Wright, 385 Burch St. 2. Transit Advisory Board (Review) One, 3 -year term through July 30, 2019 (Expired term of Lohrmann). Applicant: Carrie Lohrmann, 1879 Denver Dr. Appointments were made to the following Boards/Commissions. 3. Housing Commission Three, 3 -year terms through August 17, 2019 (Expiring Term of Heimke, Schwendinger, Wall). Applicants: Wesley Heimke, 2350 Knob Hill Dr.; Dorothy Schwendinger, 3390 Windsor Ave.; David Wall, 333 W. 17th St. Yays Nays 1--- Buol ✓- Rios ✓- Resnick l✓ Jones ti'' Lynch a —" Connors 1 Del --"Farb 4. Mechanical and Plumbing Code Board One, 3 -year term through March 16, 2019 (Expired term of Papin). Applicant: Paul Papin, 2955 Jackson Yays Nays Buol ✓- Rios ✓ Resnick 1 ✓ Jones 1 ✓– Lynch ✓ Connors 9 PUBLIC HEARINGS 1. Request to Rezone - Dubuque Pony League for Acreage South of Derby Grange Road Proof of publication on notice of public hearing to consider a request by Dubuque PONY League / Greg Yoko to rezone approximately thirty (30) acres located south of Derby Grange Road from R-2 Two -Family Residential and C-3 General Commercial Districts to CR Commercial Recreation District and the Zoning Advisory Commission recommending approval. ORDINANCE 40-16 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located south of Derby Grange Road from R-2 Two -Family Residential and C-3 General Commercial Districts to Cr Commercial Recreation District Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays Buol Rios Resnick Jones a Lynch Connors\ -Del-T-or-o Final Reading and Adopt Yays Nays .s'" Buol Rios Resnick ✓ Jones a,- 4-," ✓ Lynch t.- Connors` Del—Tem C Q t1c--14> c`.5 was (1-9 'a -VING(N\S `AS' S3 G^ot c�C c) c 10 2. Request for Text Amendment Title 16 - Public and Private Parks as Permitted Uses in Downtown Commercial and Central Business Districts Proof of publication on notice of public hearing to consider a request by the City of Dubuque for an Amendment to the C-4 Downtown Commercial and C-5 Central Business Districts to allow Public and Private parks as a permitted use and the Zoning Advisory Commission recommending approval. ORDINANCE 41-16 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by amending Articles 16-5-14.1(C-4) and 16-5-15.1(C-5) to Establish Private and Public Parks as a Permitted Use in Each District Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays Buol Rios ResnickQ Jones 1 Lynch Connors Bel To-ro-- Final Reading and Adopt Yays Nays ✓' Buol s.,-' - Rios ✓' Resnick ✓ Jones 1 v-" Lynch ✓' Connors 11 3. Heritage Trail Head Parking Lot Project Proof of publication on notice of public hearing to consider approval of the plans, specifications, form of contract and estimated cost for the Heritage Trail Head Parking Lot Project and the City Manager recommending approval. RESOLUTION 304-16 Approval of plans, specifications, form of contract, and estimated cost for the Heritage Trail Head Parking Lot Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays ,/ Buol t/ Rios ./� Resnick ,/ Jones r Lynch r ./ Connors _Del—T•oro 12 4. BioResource Development, LLC - Lease at Water & Resource Recovery Center Proof of publication on notice of public hearing to consider a Lease between the City of Dubuque and BRD Three, LLC at the Water and Resource Recovery Center. It is further recommended that the City Council approve the Development and Operating Agreement and the City Manager recommending approval. RESOLUTION 305-16 Disposing of an interest in City of Dubuque -owned property by Lease between the City of Dubuque and BRD Three, LLC and approving the Water and Resource Recovery Center Gas System Development and Operating Agreement between the City of Dubuque and BRD Three, LLC Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays L/ Buol t„.--- Rios L.."' Resnick -< Jones c� (j Lynch c/ Connors 1 _De1 Ioi ramal-t..c- r- ez -Q.► l� ci?' " R, Ld- ' cam`. c. - 6r-er-c.-k ',D6i') . D3-111.%ate O'tri�r- LADRRC-- DR 6iSCir tcdJ. L- _C DCAL> — G;' .'t r�l�c.� l c cr %Oct) 13 PUBLIC INPUT 14 ACTION ITEMS 1. Alliant Energy Community Annual Partnership Assessment (CAPA) Craig Clefish, Key Account Manager for Alliant Energy, will report on the Community Annual Partnership Assessment (CAPA). Suggested Disposition: Receive and File, Presentation Yays Nays L„/' Buol L.---- Rios L.,— Resnick t_--'— Jones j. (.r' Lynch Connors 8 15 a -A 6 - 4/) % ���-- 2. Inclusive Dubuque Quarterly Update Inclusive Dubuque Network partners will make a presentation on Inclusive Dubuque's accomplishments since April 2016. Suggested Disposition: Receive and File; Presentation Yays Nays Ls' Buol L Rios lam/ Resnick c'3 ✓ Jones ✓ Lynch 1 ✓ Connors Dal -T. Ret-sf 1: cA4_, 1 - 0 �7: �5 1 1 0-41. CcArr-aN- 6,11a -r- 4.. c ® - P,r--p ®r L c . s Pr1L4,11-1- 0.‘L,)_11,Nrc..) ercrstel‘.-Andes rS'o,, Sao - ' 4 rte- C�� ;-1-; on L; C) •!► y- 064,cts+; N I' 6.-c61°`-` 16 3. Request for Work Session - USDA Grant Partnership with the Iowa League of Cities City Manager requesting the City Council schedule a work session on Monday, October 10, 2016 at 6:00 p.m. on the USDA grant partnership with the Iowa League of Cities on Nutrient Trading. Suggested Disposition: Receive and File; Council Yays Nays ✓ Buol V"' Rios L ----Resnick L'' Jones L- Lynch ,, ✓ Connors 1 Del—Tofo• 17 -�- 4. Request for Work Session - Sustainable Dubuque Quarterly Report City Manager requesting the City Council schedule the Sustainable Dubuque Quarterly Work Session for Tuesday, August 30, 2016 at 6:00 p.m. in the Historic Federal Building, City Council Chambers. Suggested Disposition: Receive and File; Council Yays Nays ►/. Buol L.7 Rios ✓~' Resnick t-/ Jones Lynch Connors t Del-Tere 18 COUNCIL MEMBER REPORTS )0 cm', uc 1Sc,rr-ti C C-7— Gc-c���- C�M�•�s1; 14+ Win _ CLOSED SESSION @ %: 3g p.m. Pending Litigation and Property Acquisition - Chapter 21.5(1)(c), -(j) Code of Iowa Yays Nays ✓ Buol V- Rios IV" Resnick 3 ✓ Jones ✓ Lynch ✓ Connors Del-TxTro ADJOURNMENT @ p.m. Yays Nays ✓ Buol -✓ Rios ✓ Resnick g ✓ Jones f Lynch 1 ./ Connors 19