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8 15 16 City Council Agenda ROLL CALL ORDER FOR MEETING OF August 15, 2016 Buol, Rios, Resnick, Jones, Lynch, Connors, Del Toro CRY OF DUBUQUE IOWA GYGI>4 CITY COUNCIL MEETING pChEr: Hstorc Federal Building 0 nul �" 350W. 6th Street � August 152016 r a� Council meetings are video dreamed 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 6:00 PM PLEDGE OF ALLEGIANCE PROCUINATION(S) 1. Welcurre Back College Students Weeks (August 22-September 5, 2016) CONSENT ITEMS The consent agenda iRms are considered to be routine and non-mMoversiel and ell consent iRmswill be normally voted upon In a single motion whrout any separaR decussion on a particular iRm. If you sound like to discuss one of the Consent IRms, picked go to the microphone and be recognized by the Mayor and grand the IRm you sound like romovetl from the Consent Agenda for operate decussion and chorderaeon. 1. Mnules and Reports Submitted Ht6 and Cultural Htivi mry Commis9an of Ei2d Cry Council Proceedings of 7126, 8/1, 812, 813, 814, Community Development Ago mry Cammissian of 7119, Dubuque County Emergency Menpgement Cammissian Minutes of 11/3/2015; '21612016, 511712016, Five Flags Civia Center Ancestry Carom each of 7125, Haug Le Cammissian of 7126, Investment Oversight Htivisery Carom ssian of 7127; Library Board of Trustees of 5126, 616, 6/23 Perk and Recreation Cammissian of 7112 Transi[Htivisery Board of 7114, Zoning Htivi mry Commis9an of 813; Zoning Board of Adjustment of 7128, Proofs of Publication for Cry Council ProceedLee of 7111, 7118, 7126, Proof of Publlaeean for List of Clelms and Summery of Revenues for Wrod Ending 6130 Suggested Disposition: Receive and File 2. NMiw &Claims and Suits Terry Frost for property tlemege, Menthe Intend for vehicle dempge Suggested Disposition: Receive and File; Rotor o City Attorney 3. Disposition of Claims Cry Attorney etivising that the folhowng clef nor have been referred to Public Entity Risk Services of lord, the agent for the Iowa Com ales Assurance Per Terry Frost for property tlempge, Martha Inbeltl for vehi cls 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 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 long-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 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 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 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 De\elopment 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 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 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 Accepting the FY16Sewershed 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 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 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 E)r-avating, Inc. for the 30-Inch Sanitary Sewer Force Main Relocation Phase I I 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 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 EAension. Suggested Disposition: Receive and File; Approve 24. 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. 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 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 1. Boards and Commission Applicant 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. Long Range Planning Advisory Commission One, 3-year term through July 1, 2019 (Vacant term of Prochaska) Applicant: Michael Wright, 385 Burch St. Transit Advisory Board One, 3-year term through July 30, 2019 (Expired term of Lohrmann) Applicant: Carrie Lohrmann, 1879 Denver Dr. 2. Boards and Commissions Appointments Appointments to the following commissions to be made at this meeting. 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. Mechanical and Plumbing Code Board One, 3-year term through March 16, 2019 (Expired term of Papin) Applicant: Paul Papin, 2955 Jackson 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. Request to Rezone - Dubuque Pony League for Acreage South of Derby Grange Road Changed Proof of publication on notice of public hearing to consider a request by Dubuque PONY League/ Greg Yoko to rezone approbmately 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 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 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 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 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 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) 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 BIRD 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 Disposing of an interest in City of Dubuque-owned property by Lease between the City of Dubuque and BIRD Three, LLC and approving the Water and Resource Recovery Center Gas System Development and Operating Agreement between the City of Dubuque and BIRD Three, LLC 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 overall 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. 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 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 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 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 COUNCIL MEMBER REPORTS CLOSED SESSION Pending Litigation and Property Acquisition —Chapter 21.5(1)(c), -(j) Code of Iowa ADJOURNMENT