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5 7 18 Clerk's Skeleton Notes and Meeting CallCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:00 p.m. on May 7, 2018 in the Historic Federal Building, 350 W. 6th Street. Present: Mayoruol; Council Members Del Toro, Jones, Larson, Resnick, Rios, Shaw; City Manager Van A illigen, City Attorney Brumwell 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 ALLE a'1 IANCE PRESENTATION(S) 1. Tree City USA 2017 Recognition",„ .1? eSi Leisure Services Manager Marie Ware an ark Division Manager Steve Fehsal will present the Tree City USA 2017 Award to Mayor Roy Buol and the City Council 2. 2018 River Action Eddy Award V"--- Civil i'Civil Engineer Deron Muehring will present the 2018 River Action Eddy Award the City received from River Action for the Bee Branch Creek Restoration Project. 3. Dubuque365.com fest of grAward f 4 / /,1 City Leisure Services Manager Marie Ware will present the Dubuque365.com Best of 2018 Award received by the Five Flags Civic Center 4. Leading Environmentalism and Forwarding Sustainability (LEAFS) Award Transportation Services Manager Candace Eudaley-Loebach will present the U.S. Environmental Protection Agency (EPA) Region 7 award for outst nding contributions to environmentalism and sustainability at Superfund sites. 02/ 1 PROCLAMATION(S) v°' Women's Health Week (May 13-18, 2018) was accepted by Public Health Specialist Mary Rose Corrigan. R6' 2. Bike -to -Work Week (May 14-18, 2018) was accepted by b Williams of the Bike Coop. 770 3. Kids -to -Parks Day (May 19, 2018) was accepted by Leisure Services Manager Marie Ware. . Preservation Month (M,y2018) was accepted by the Hi toricreservation Chairperson �-- -. 5. Apples for Students Months (June -July 2018) was accepted by St. Mark Youth Enrichment Beth )VlcGorry. 2 c CONSENT ITEMS Ya Nays V Rios v:;5z9._Jones Larson / Resnick Shaw V - Del Toro Buol 1. Minutes and Reports Submitted Cable TV Commission of 5/2; City Council Proceedings of 4/16, 4/23, 4/30; Civil Service Commission of 4/26; Historic Preservation of 4/19; Investment Oversight AdvisoryCommission of 4/25; Library Board of Trustees of 2/22; Zoning Board of Adjustment of 4/26; Proof of Publication for City Council Proceedings of 4/2, 4/16, 4/23; Proof of Publication for List of Claims and Summary of Revenues for Month Ending 3/31 Suggested Disposition: Receive and File 2. Notice of Claims and Suits Nicole Homer for personal injury, Cathy Ludwig for property damage, Dennis Schlegel for property damage, Robert Wilbricht for property 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: Cathy Ludwig for property damage, Dennis Schlegel for property damage, Robert Wilbricht. It is further advised that the claim from Nicole Homer for personal injury be referred to Cottingham & Butler Insurance Services, Inc. the agent for the Dubuque Regional Airport. Suggested Disposition: Receive and File; Concur 4. Dubuque Pacific Islander Health Project City Manager transmitting the public information brochure on the Dubuque Pacific Islander Health Project. Suggested Disposition: Receive and File 5. Make it in Greater Dubuque Promotional Brochure City Manager transmitting the Make it in Greater Dubuque promotional brochure from the Greater Dubuque Development Corporation. Suggested Disposition: Receive and File 3 Yays Nays Rios Jones Larson Resnick Shaw Del Toro Buol 6. National League of Cities Rebuild and Reimagine America's Infrastructure Brochure City Manager transmitting the public information brochure Rebuild and Reimagine America's Infrastructure from the National League of Cities. Suggested Disposition: Receive and File 7. Cultural & Entertainment District Re -Designation City Manager recommending approval of the Dubuque Main Street application for the re -designation of the Downtown Dubuque Cultural Corridor as a State -recognized Cultural & Entertainment District, with expansion to include the Historic Millwork District on the east and the Flat Iron Park area on the south. RESOLUTION 117-18 Approving and supporting application to Iowa Department of Cultural Affairs for re -designation of Dubuque Cultural & Entertainment District Suggested Disposition: Receive and File; Adopt Resolution(s) 8. Creek Wood Park Playground Project Award City Manager recommending that the award for the Creek Wood Park Playground Equipment and Installation be officially recorded in the minutes of the City Council. Suggested Disposition: Receive and File; Make Matter of Record 9. Proposed Administrative Plan Changes for Housing Choice Voucher (HCV) Administrative Plan City Manager recommending approval of a resolution approving amendments to the Housing Choice Voucher Administrative Plan. RESOLUTION 118-18 Approving the Amendments to the Housing Choice Voucher Administrative Plan Suggested Disposition: Receive and File; Adopt Resolution(s) 10. 2018 Pavement Marking Project Award City Manager recommending award of the construction contract for the 2018 Pavement Marking Project to the only bidder, SELCO, Inc. RESOLUTION 119-18 Awarding public improvement contract for the 2018 Pavement Parking Project Suggested Disposition: Receive and File; Adopt Resolution(s) 4 Yays Nays Rios Jones Larson Resnick Shaw Del Toro Buol 11. Pine Knoll Subdivision / Katrina Circle Acceptance of Public Roadway Improvements City Manager recommending acceptance of the public improvements that the owners, Pine Knoll Homeowners Association, have recently completed in Pine Knoll Subdivision. RESOLUTION 120-18 Accepting Public Roadway Improvements in Pine Knoll Subdivision in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s) 12. Pine Knoll Subdivision / Katrina Circle Right -of -Way Acceptance of Warranty Deed City Manager recommending acceptance of a Warranty Deed from Pine Knoll Homeowners Association for the Katrina Circle Street right-of-way (Lot A of Pine Knoll Subdivision). RESOLUTION 121-18 Accepting a conveyance of property (Lot A of Pine Knoll Subdivision in the City of Dubuque, Iowa) from Pine Knoll Home Owners Association and dedication of property as public right-of-way Suggested Disposition: Receive and File; Adopt Resolution(s) 13. Continuum of Care Special Needs Assistance Program Sponsor Agency Agreement City Manager recommending approval of an agreement for services with East Central Development Corporation for administration of the Continuum of Care Special Needs Assistance Program that provides rental assistance to homeless persons with disabilities. Suggested Disposition: Receive and File; Approve 14. Pre -Annexation Agreement - Licht -Samuelson City Manager recommending approval of a Pre -Annexation Agreement with Terry D. Licht and Karen K. Samuelson as a result of approving the Final Plat of Buena Vista Court 2 and required by the City's Fringe Area Development Standards of the Unified Development Code. RESOLUTION 122-18 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Terry D. Licht and Karen K. Samuelson Suggested Disposition: Receive and File; Adopt Resolution(s) 5 Yays Nays Rios Jones Larson Resnick Shaw Del Toro Buol 15. Pre -Annexation Agreement - Kinsella City Manager recommending approval of a Pre -Annexation Agreement with Michael B. and Julie Kinsella for property located at 13929 North Cascade Road in conjunction with their request to connect to City water. RESOLUTION 123-18 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Michael B. and Julie Kinsella Suggested Disposition: Receive and File; Adopt Resolution(s) 16. Iowa Great Places Re -Designation Application City Manager recommending approval of the application submitted by the City of Dubuque and its partners to the Iowa Arts Council to be re -designated as an Iowa Great Place. Suggested Disposition: Receive and File; Approve 17. Iowa Department of Transportation (IDOT) Lease Agreement with Jule Operations Center for CDL Testing Course City Manager recommending approval to enter into an agreement with the Iowa Department of Transportation for the use of the CDL course at the Jule Operations and Training Center for Commercial Driver's License testing. Suggested Disposition: Receive and File; Approve 18. Dubuque Metropolitan Area Transportation Study (DMATS) Transit Planning Memorandum of Understanding City Manager recommending approval of the Memorandum of Understanding with the Dubuque Metropolitan Area Transportation Study (DMATS) for Transit Planning and Programming that outlines procedures for complying with Federal Transit Administration regulations to ensure eligibility for state and federal funding. Suggested Disposition: Receive and File; Approve 19. Public, Educational, and Government (PEG) Capital Grant Expenditure Request City Manager recommending approval of the Cable TV Commission's request for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities for Loras College, Dubuque Community Schools and the City of Dubuque to purchase media equipment. Suggested Disposition: Receive and File; Approve 6 Yays Nays Rios Jones Larson Resnick Shaw Del Toro Buol 20. Accepting Grant of Easement for Storm Drain Utility - Cummins Street Retaining Wall Project City Manager recommending acceptance of a Grant of Easement from Dennis and Tony Runde for Storm Drain Utility across part of Lot 19-3 of Mineral Lot 90 and Part of Mineral Lot 87, and Lot 1-5-1 of Mineral Lot 89; and Lot 2-1-6 in Block 2 of Hamblin Subdivision in the City of Dubuque, as part of the Cummins Street Retaining Wall Project. RESOLUTION 124-18 Accepting a Grant of Easement for Storm Drain Utility Across Part of Lot 19-3 of Mineral Lot 90 and part of Mineral Lot 87, and Lot 1-5-1 of Mineral Lot 89; and Lot 2-1-6 in Block 2 of Hamblin Subdivision in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 21. Acceptance of Grant of Easement from Loras College for Storm Drain Utility City Manager recommending acceptance of a Grant of Easement for Storm Drain Utility across part of Lot 2-2-2-17-3 of Mineral Lot 90 and Lot 2-2-18-3 of Mineral Lot 90 in the City of Dubuque as part of the Cummins Street Retaining Wall Project. RESOLUTION 125-18 Accepting a Grant of Easement for Storm Dain Utility across part of Lot 2-2-2-17-3 of Mineral Lot 90 and Lot 2-2-18-3 of Mineral Lot 90 in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s) 22. Transfer of Bike Trail at 12th Street from Interstate Power & Light to the City of Dubuque City Manager recommending approval of the second amendment to the original Revocable Property License Agreement that would transfer these bike trail segments to the City of Dubuque. Suggested Disposition: Receive and File; Approve 23. Platting of City Property on Innovation Drive City Manager recommending approval of the Plat of Survey for Dubuque Industrial Center North Third Addition in the City of Dubuque per a Development Agreement with Medline Industries, Inc. RESOLUTION 126-18 Approving Plat of Survey of Dubuque Industrial Center North Third Addition in the City of Dubuque, Iowa. Suggested Disposition: Receive and File; Adopt Resolution(s) 7 Yays Nays Rios Jones Larson Resnick Shaw Del Toro Buol 24. Engineering Department Confidential Account Clerk Position City Manager recommending approval to eliminate one of the two part-time Confidential Account Clerk positions within the Engineering Department and create a full-time Confidential Account Clerk position. Suggested Disposition: Receive and File; Approve 25. Adopting Code Supplement No. 28 City Clerk recommending adoption of Supplement No. 28 to the City of Dubuque Code of Ordinances. RESOLUTION 127-18 Adopting Supplement No. 28 to the Code of Ordinances of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 26. Restrictive Covenant for Residential Real Estate - 1449 Jackson Street City Manager recommending approval of a resolution attaching a Restrictive Covenant to 1449 Jackson Street requiring that the property be owner -occupied for a 21 -year period. RESOLUTION 128-18 Attaching Single -Family Residence Restrictive Covenant to 1449 Jackson Street, Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 27. Signed Contract(s) Revocable License for Convivium Urban Farmstead, 2805 Jackson Street for a geothermal drain pipe along the White Street right-of-way. Suggested Disposition: Receive and File 28. Improvement Contracts / Performance, Payment and Maintenance Bonds D&D Concrete, Inc., for the 2018 Asphalt Overlay Ramp Project One; Drew Cooks & Sons Excavating Co., Inc., for the Thomas Place Retaining Wall Project; Eastern Iowa Directional Drillers for the Grandview Avenue Streetlight & Fiber Project; Midwest Concrete, Inc., for the 2018 Asphalt Overlay Ramp Project Two; Portzen Construction, Inc., for the 22nd Street Storm Sewer Improvements Project (Elm to White Streets). Suggested Disposition: Receive and File; Approve 8 Yays Nays Rios Jones Larson Resnick Shaw Del Toro Buol 29. Tobacco Compliance Civil Penalty for Tobacco License Holder — BP Fuel City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for BP Fuel, 1450 Loras Blvd. Suggested Disposition: Receive and File; Approve 30. Alcohol License Applications City Manager recommending approval of annual beer, liquor and wine licenses as submitted. RESOLUTION 129-18 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) 9 ITEMS SET FOR PUBLIC HEARING 1. Vacate Public Utility Easement - 3507 Keystone Drive / J&K Real Estate 2. Sale of City -Owned Property at 1449 Jackson Street 3. Vacate Access Easement in Westbrook Subdivision 4. Phase 3 — HMA Pavement Milling and Resurfacing Project US52 / White Street (9th to 11th Streets) and 11th Street (White to Elm Streets) Initiate 5. 30 -Inch Force Main Project Phase III Initiate 6. Black Hills / Iowa Gas Utility Company, LLC Non -Exclusive Franchise Agreement May 21, 2018 Yays Nays Rios -Jones Larson Resnick Shaw Del Toro Buol 1. Vacate Public Utility Easement - 3507 Keystone Drive / J&K Real Estate City Manager recommending that a public hearing be set for May 21, 2018, to consider vacation of public utility easements on Lot 1 and 2 of Pooh's Corner — J & K Real Estate Property at Key Way Drive and Keystone Drive. RESOLUTION 130-18 Resolution of Intent to vacate and dispose of City interest in Public Utility Easements over and across Lot 1 and 2 of Pooh's Corner in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for May 21, 2018 2. Sale of City -Owned Property at 1449 Jackson Street City Manager recommending that the City Council schedule a public hearing for May 21, 2018, for the purpose of disposing of City -owned real property located at 1449 Jackson Street to Community Housing Initiatives. RESOLUTION 131-18 Resolution of Intention to dispose of City -owned property, specifically, the south one-half of the middle one-fifth of Lot 494 in the City of Dubuque, Iowa, according to the United States Commissioners Map of the Town of Dubuque, Iowa — 1449 Jackson Street Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for May 21, 2018 10 3. Vacate Access Easement in Westbrook Subdivision City Manager recommending that a public hearing be set for May 21, 2018, to consider vacation of an access easement on Lot E of Westbrook Subdivision as requested by Callahan Construction Inc., for a proposed storage building. RESOLUTION 132-18 Resolution of Intent to vacate and dispose of City interest in an Access Easement over and across Lot # of Westbrook Subdivision in the City of Dubuque, Dubuque County Iowa Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for May 21, 2018 4. Phase 3 — HMA Pavement Milling and Resurfacing Project US52 / White Street (9th to 11th Streets) and 11th Street (White to EIm Streets) Initiate City Manager recommending initiation of the public bidding procedure for the HMA Pavement Milling and Resurfacing Project on US52 / White Street from 9th to 11th Streets and on 11th Street from White to EIm Streets, and further recommends that a public hearing be set for May 21, 2018. RESOLUTION 133-18 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 May 21, 2018 5. 30 -Inch Force Main Project Phase III Initiate City Manager recommending initiation of the public bidding procedure for Phase !Hof the 30 -Inch Force Main Relocation Project from 11th Street to 12th Street, and further recommends that a public hearing be set for May 21, 2018. RESOLUTION 134-18 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 May 21, 2018 6. Black Hills / Iowa Gas Utility Company, LLC Non -Exclusive Franchise Agreement Senior Counsel recommending adoption of a resolution setting a public hearing on a proposed franchise for May 21, 2018 and dispenses with an election on the adoption of the ordinance as provided by Iowa law. RESOLUTION 135-18 Setting a public hearing on an ordinance granting to Black Hills/Iowa Gas Utility Company, L.L.C. D/B/A Black Hills Energy, a Delaware Corporation, its Successors and Assigns, the Right and Non -Exclusive Franchise to maintain and operate its existing gas distribution system in the City of Dubuque, Iowa, for a period of 25 years, and authorizing the City to collect franchise fees Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for May 21, 2018 11 BOARDS/COMMISSIONS e/& Applicants were 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. 1. Electrical Code Board (Review) One, 3 -year term through May 21, 2021 (Expiring term of Uhlrich) Applicant: Paul Uhlrich, 489 Olympic Heights Rd. 12 PUBLIC HEARINGS 1. Consolidated Funding Application � -'" �` ';,7 Proof of publication on notice of public heari g to conduct a public earing on the Consolidated Funding Application between the City of Dubuque / Jule Transit and the Iowa Department of Transportation and the City Manager recommending approval. RESOLUTION 136-18 Approval of grant application to the Iowa DOT for Consolidated Funding Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Rios Ve Jones Larson Resnick V/ Shaw Del Toro Buol egoi 13 2. Transit Advisory Board Youth Pass Recommendation Proof of publication on notice of public hearing to consider approval of the Transit Advisory Board recommendation to increase the price of the annual youth pass for youth aged 11-18 years from $10 per year to $15 per year and the City Manager recommending approval. RESOLUTION 137-18 Establishing the fare for the annual Fixed -Route Youth Pass Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays t. -I Rios Jones Larson Resnick Shaw Del Toro 1 Buol eb* 14 3. 17th Street Storm Sewer Improvement Project from EIm Street to Heeb Street Proof of publication on notice of public hearing to consider approval of plans, specifications, form of contract and estimated cost for the 17th Street Storm Sewer Improvements Project (EIm to Heeb Streets) and the City Manager recommending approval. RESOLUTION 138-18 Approval of plans, specifications, form of contract, and estimated cost for the 17th Street Storm Sewer Project (EIm to Heeb Streets) Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Rios Jones ', Larson Resnick Shaw ice-`' Del Toro Buol 4144 /41/o"m- ' "017A1/1 15 04 4+ PUBLIC INPUT 16 ACTION ITEMS 1. JFK Road and NW Arterial Right -Turn -Lane Improvements Project Award City Manager recommending award of the construction contract for the JFK Road and NW Arterial Right -Turn -Lane Improvements Project to the low bidder Midwest Concrete, Inc., subject to Iowa DOT approval of the award. RESOLUTION 139-18 Awarding the Public Improvement Contract for the Northwest Arterial - JFK Intersection Right -Turn -Lane Improvements Iowa DOT Project No. STP - A -2100 (688)--86-31 Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Rios 1✓ Jones Larson Resnick Shaw Del Toro V Buol iff$7 17 2. University Avenue and N. Grandview Avenue Roundabout Intersection Improvement Project Award City Manager recommending award of the construction contract for the University Avenue and N. Grandview Avenue Roundabout Intersection Improvement Project to the low bidder Eastern Iowa Excavating & Concrete, LLC. RESOLUTION 140-18 Awarding Public Improvement Contract for the University Avenue and North Grandview Avenue Roundabout Intersection Improvement Project Iowa DOT Project No. STP -A-2100 (689)--86-31 Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays t.7� Rios Jones ),-Ate Larson &V Resnick Shaw Del Toro Buol ak; 0,0; Ziee-- 4,al: /tele a40,/ 0.9,?"?- /ea-- it 18 3. SW Arterial / English Mill Road Reconstruction Project Acceptance City Manager recommending acceptance of the public improvement construction contract for the Southwest Arterial — English Mill Road Reconstruction — Grading, Bridge & Paving Project as completed by Taylor Construction, Inc. RESOLUTION 141-18 Accepting the Southwest Arterial - English Mill Road Reconstruction, Grading, Bridge & Paving Project, Iowa DOT Project No. HDP -2100 (657)--7131 and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) Yay§. Nays / Rios fJones Larson �, Resnick Shaw 6 Del Toro Buol ,Rit/0 19 4. City Council Pre -Approval of Accounts Payable City Manager recommending that City payments be first approved by City Council and further recommends exceptions to that policy consistent with state law. RESOLUTION 142-18 Approving Pre -Payment of Claims Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Rios Jones Larson Resnick Shaw ki-- / Del Toro 1 _Buoy wrAr/ v .///' f: 1� / ,Y04,4 / i at."/ Iddr' ,sem/Ai 20 5. Greater Dubuque Development Corporation Board Membership Appointments Correspondence from the Greater Dubuque Development Corporation requesting appointments of two City Council representatives on its Board of Directors for July 2018 through June 2019. Current representatives are Council Members Brett Shaw and Luis Del Toro. Suggested Disposition: Receive and File; Council/ Yays i Nays Nays Rios Rios Jones j" * \Larson Resnick Larson Shaw Resnick Del Toro ,, ' l L,„ Buol RA/ 4/0077eitewb 6. Southwest Arterial April Update Video Cable TV Division will show a video of the recent progress of the Southwest Arterial Project (April 2018). Suggested Disposition: Receive and File Yays Nays K Rios j" * Jones Larson Resnick ,, ' l / Shaw V Del Toro Buol 21 t COUNCIL MEMBER REPORTS 711,140 ;0:46,6"..adeie4P /k/, CLOSED SESSION @ " p.m. Pending Litigation and Real Estate ransfer Negotiations — Chapter 21.5(1)(c), -(j) Code of Iowa Mayor Buol stated for the record that the attorney who will consult with City Council on the issues to be discussed in the closed session is City Attorney Crenna Brumwell. Yays Nays m Rios ' Jones ` Larson Resnick Shaw Del Toro Buol Reconvene in Open Session @ tJ ADJOURNMENT @ 5-7/0?( p.m. Yays Nays Rios ' Jones Larson Resnick Shaw Del Toro Buol r(g 22 p.m. TO: Kevin S. F•irnstahl, City Clerk You are hereby directed to call a Regular Session of the City Council to be held on Monday, May 07, 2018 at 6:00 PM in the Historic Federal Building for the purpose of conducting such business that may properly come before the City Council. Consent Items: Pages 1-5 (.9 oy D. Buol, Mayor