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4 6 15 Assistant City Clerk's Skeleton Notes and Meeting CallsTO: Trish L. Gleason, Assistant City Clerk You are hereby directed to call a special session of the city council to be held on Monday, April 6, 2015, at 5:30, pm for the purpose of discussing the Catfish Creek Watershed management Plan. D� oy D. Buol, Mayor CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:30 p.m. on April 6, 2015 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol Council Members Braig, Connors, Jones, Lynch, Resnick, Sutton; City Manager Van Milligen, City Attorney Lindahl ...ice .s - Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a work session for the Catfish Creek Watershed management Plan. There being no further business, upon motion the City Council adjourned at 6:01 p.m. /s/Trish Gleason, Assistant City Clerk S E ; t1 -; r.c ASS15�-�,�-ac L1 r- n : s-�- TO: TRISH L. GLEASON, ASSISTANT CITY CLERK YOU ARE HEREBY DIRECTED TO CALL THE REGULAR SESSION OF THE CITY COUNCIL TO BE HELD ON Monday, April 6, 2015, AT 6:30 PM, IN THE HISTORIC FEDERAL BUILDING TO ACT UPON SUCH BUSINESS THAT MAY PROPERLY COME BEFORE THE COUNCIL. ROY D. UOL, MAYOR CONSENT ITEMS: PAGES 1-4 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on April 6, 2015 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor B o ; Council Members Braig, Connors, Jones, Lynch, Resnick, Sutto r City Manager Van Mien, City Attorney Lindahl 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. Community Development Week (April 6-11) 1r.),�'_c,1ca cmc,.,! 1 Submitted and P e ar d by Erica Haugen, Community Development Specialist 2. Mayor's Day of Recognition for NationaTService (April 7) Submitted and accepted by Mary Bridget Corken-Deutsch, AmeriCorps Director, Partners in Learning, 563.584.8644, Clarke University, 1550 Clarke Dr., Dubuque, IA 52001, 3. Smart Money Week (April 18 - 25) Submitted and accepted by Amy Muchmore, Adult Services Manager, Carnegie - Stout Public Library, 360 West 11m Street, Dubuque, Iowa 52001 CONSENT ITEMS Nays Yays Sutton r/ Lynch 1 /..--- Connors a c ---- Resnick t/ Braig v Buol ....- Jones Jones ✓ 1. Minutes and Reports Submitted Arts and Cultural Affairs Advisory Commission 2/25, 3/10; Historic Preservation Commission 3/19; Library Board of Trustees of 1/22, 2/17; Sister City Relationship Advisory Commission for 3/18; Proof of Publication for City Council proceedings of 2/15, 3/2, 3/3, 3/5. Suggested Disposition: Receive and File 2. Notice of Claims and Suits Shanita Alexander for vehicle damage; Kristine Blakeman for vehicle damage; Carol Boge for property damage; Linda Chong for property damage; Jennifer Feist for personal injury; Will Gross for property damage; Robert Hall for property damage; Laura Merritt for property damage; James Meyer for property damage; Thomas Miller for personal injury; Mark Sarazin for property damage; Elizabeth Smith for property damage; Trigger Happy Tattoo for revenue loss; Joyce and Albert Wiendenbacher 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: Shanita Alexander for vehicle damage; Kristine Blakeman for vehicle damage; Carol Boge for property damage; Linda Chong for property damage; Jennifer Feist for personal injury; Will Gross for property damage; Robert Hall for property damage; Laura Merritt for property damage; James Meyer for property damage; Thomas Miller for personal injury; Mark Sarazin for property damage; Joyce and Albert Wiendenbacher for property damage. Suggested Disposition: Receive and File; Concur 4. AmeriCorps VISTA Project Application City Manager recommending approval of the AmeriCorps VISTA grant application to the Corporation for National and Community Service for four VISTA positions focused on the Third Grade Reading Initiative. Suggested Disposition: Receive and File; Approve 5. Dubuque Marina Assignment of Lease City Manager recommending approval of the Assignment of Lease with the understanding that the Assignment of Lease should not be considered by Pier Pressure Marine IA, Inc. as any indication of whether the City will or will not agree to an extension of the Lease. Suggested Disposition: Receive and File; Approve 6. North Cascade Road Developers Agreement City Manager recommending approval of the North Cascade Road Developers Agreement. Suggested Disposition: Receive and File; Approve 7. US Department of Housing and Urban Development (HUD) Resiliency Grant Application - Phase 1 City Manager recommending approval for the submission of a Phase I application to the US Department of Housing and Urban Development National Disaster Resilience Competition. Suggested Disposition: Receive and File; Approve 8. Community Working/Investing in Neighborhood Stabilization (WINS) Grant Program City Manager recommending approval of the submittal of The Wells Fargo/U.S. Conference of Mayors Community WINS (Working/Investing in Neighborhood Stabilization) Grant Program joint application in partnership with the Community Foundation of Greater Dubuque and Northeast Iowa Community College. Suggested Disposition: Receive and File; Approve 9. Art on the River - Arts and Cultural Affairs Advisory Commission Modified Recommendation The Arts and Cultural Affairs Advisory Commission is recommending that the City Council concur with the updated 2015 Art on the River jury selections and recommendations for outdoor sculpture at the Port of Dubuque. Suggested Disposition: Receive and File; Approve 10. Community Development Block Grant FY15 Annual Action Plan -Amendment 2 City Manager recommending approval of the Community Development Block Grant Fiscal Year 2015 Annual Action Plan- Amendment 2. RESOLUTION NO. 95-15 Approving Fiscal Year 2015 (Program Year 2014) Annual Action Plan Amendment 2 for Community Development Block Grant (CDBG) Funds Suggested Disposition: Receive and File; Adopt Resolution(s) 11. PetData Contract Renewal City Manager recommending approval of a renewal agreement with PetData, Inc. for the pet licensing service that processes the sale of all dog and cat licenses in the City of Dubuque. Suggested Disposition: Receive and File; Approve 12. Concession Agreement - Flora and Sutton Swimming Pool City Manager recommending acceptance of the latest bid from Paul Connors to operate the pool concessions. Suggested Disposition: Receive and File; Approve 13. Iowa Department of Transportation Grant Agreement for County/City Trailhead - Corrected Version City Manager recommending approval of the corrected version of the Iowa Department of Transportation grant agreement for the County/City Heritage Trail Parking Lot along S. John Deere Road. Suggested Disposition: Receive and File; Approve 14. Multicultural Family Center Agreement City Manager recommending approval of the First Amendment to the Agreement between the City of Dubuque and the Multicultural Family Center. Suggested Disposition: Receive and File; Approve 15. Water & Resource Recovery Center (W&RRC) Cogeneration Facilities Project Acceptance City Manager recommending acceptance of the construction contract for the Water and Resource Recovery Center Cogeneration Facilities Project, as completed by Total Mechanical Services, Inc. RESOLUTION NO. 96-15 Accepting the Water and Resource Recovery Cogeneration Facilities Project and Authorizing the Payment of the Contract Amount to the Contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 16. Acceptance of Temporary Easement for Grading and Construction and a Permanent Easement for Sanitary Sewer from Davis Place LLC City Manager recommending acceptance of a temporary easement for grading and construction and a permanent easement for sanitary sewer from The Davis Place LLC. RESOLUTION NO. 97-15 Accepting a Grant of Temporary Easement for Grading and Construction and Permanent Easement for Sanitary Sewer Through, Over and Across Part of Lot 3 in Davis Place II, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 17. Final Plat for Derby Grange Acres City Manager recommending approval of the Final Plat of Derby Grange Acres subject to allowing 22 -foot paving width for Country View Drive and Country View Court, a 25 - foot lot frontage for Lot 6, and waiving Sections 11-20 Water Supply, 11- 21 Sanitary Sewer, 11-23 Obligation to Install Improvements, and 11-24 Improvement Guarantees. RESOLUTION NO. 98-15 Approving the Final Plat of Derby Grange Acres in Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 18. Utility Easements - Furuseth Property City Manager recommending approval of the purchase of an Easement Agreement from Patricia Furuseth for the construction of the utility extension to the Dubuque Regional Airport and approval of resolutions authorizing the City Manager to take such further action as is required to complete the purchase of the Easements. RESOLUTION NO. 99-15 Approving the Acquisition of Easements Upon Real Estate Owned by Patricia F. Furuseth In Dubuque County, Iowa RESOLUTION NO. 100-15 Accepting Grant of Easements Upon Real Estate Owned by Patricia F. Furuseth in Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 19. Utility Easements - O'Rourke Property City Manager recommending approval of the purchase of an Easement Agreement from Paul O'Rourke for the construction of the Utility Extension to the Dubuque Regional Airport and approval of a resolution authorizing the City Manager to take such further action as is required to complete the purchase of the Easements. RESOLUTION NO. 101-15 Approving the Acquisition of Easements Upon Real Estate Owned by O'Rourke Farms LLC in Dubuque County, Iowa RESOLUTION NO. 102-15 Accepting Grant of Easements Upon Real Estate Owned By O'Rourke Farms LLC In Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 20. Utility Easements - Speigel Property City Manager recommending approval of a Grant of Easement for the Royal Oaks Development Corporation Property and authorization for the City Manager to execute the Grant of Easement for the proposed construction of the Utility Extension to the Dubuque Regional Airport. RESOLUTION NO. 103-15 Accepting Grant of Easement Upon Real Estate Owned by Royal Oaks Development Corporation in Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 21. Utility Easements - Tracy Property City Manager recommending approval of the purchase of an Easement Agreement from William D. Tracy, William C. Tracy and Kay J. Tracy for the construction of the Utility Extension to the Dubuque Regional Airport and approval of a resolution authorizing the City Manager to take such further action as is required to complete the purchase of the Easements. RESOLUTION NO. 104-15 Approving the Acquisition of Easements Upon Real Estate Owned by William D. Tracy, William C. Tracy, Kay J. Tracy In Dubuque County, Iowa RESOLUTION NO. 105-15 Accepting Grant of Easements Upon Real Estate Owned by William D. Tracy, William C. Tracy, Kay J. Tracy In Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 22. Mediacom Communications Company Correspondence from Lee Grassley, Senior Manager of Government Relations for Mediacom Communications Company informing the City of programming adjustments being implemented on or about April 15, 2015. Suggested Disposition: Receive and File 23. EPA Brownfields Area -Wide Planning Progam Grant City Manager recommending approval and acceptance of the Environmental Protection Agency Brownfields Area -Wide Planning Program grant Suggested Disposition: Receive and File; Approve 24. Signed Contacts Bee Branch Creek Railroad Crossing, Amendment to Service Agreement with Canadian Pacific; Full Circle Organics, LLC Renewal of Agreement. Suggested Disposition: Receive and File 25. Letter of Commitment - Greater Dubuque Agriculture and Construction Machinery Manufacturing Community Application Submittal of this Letter of Commitment to the Greater Dubuque Agriculture and Construction Machinery Manufacturing Community application under consideration from Northeast Iowa Community College and our tri-state area partners for a regional Investing in Manufacturing Communities Partnership designation. Suggested Disposition: Receive and File; Approve 26. Airport Utility Extension Project - Accepting Deed to Lot 1 of Silver Oaks City Attorney Barry Lindahl recommending adoption of the resolution. RESOLUTION NO. 106-15 Accepting the Deed to Lot 1 of Silver Oaks in Section 23, Table Mound Township, Dubuque County, Iowa, According to the Recorded Plat Thereof from Royal Oaks Development Corporation Suggested Disposition: Receive and File; Adopt Resolution(s) 27. Alcohol Compliance Civil Penalty for Alcohol License Holder - Sam's Club City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Sam's Club #4973, 4400 Asbury Road. Suggested Disposition: Receive and File; Approve 28. Tobacco Compliance Civil Penalty for Tobacco License Holder - Dave's Conoco City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for Dave's Conoco, 500 Locust St. Suggested Disposition: Receive and File; Approve 29. Tobacco Compliance Civil Penalty for Tobacco License Holder - Family Dollar City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for Family Dollar #1599, 2013 Central Avenue #4. Suggested Disposition: Receive and File; Approve 30. Alcohol License Applications City Manager recommending approval of annual liquor, beer, and wine licenses as submitted. RESOLUTION NO. 107-15 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 1. Upper Bee Branch Creek Channel, Streets and Utilities Project 2. Upper Bee Branch Creek Structures Project 3. North Cascade Road Housing - Urban Renewal Plan Amendment Nays Sutton Lynch 1 Connors Resnick Braig Buol Jones 1. Upper Bee Branch Creek Channel, Streets and Utilities Project City Manager recommending authorizing the public bidding process and establish a public hearing for April 20, 2015 for the Upper Bee Branch Creek — Channel, Street and Utilities Project. RESOLUTION NO. 108-15 Upper Bee Branch Creek — Channel, Streets, & Utilities Project 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) 2. Upper Bee Branch Creek Structures Project City Manager recommending authorizing the public bidding process and establish a public hearing for April 20, 2015 for the Upper Bee Branch Creek — Structures Project. RESOLUTION NO. 109-15 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) 3. North Cascade Road Housing - Urban Renewal Plan Amendment City Manager recommending City Council adopt the Resolution of Necessity to begin the process of creating the Urban Renewal Plan for the North Cascade Road Housing Urban Renewal Area and set a public hearing for May 4, 2016 on adoption of the Amended Plan for the North Cascade Road Housing Urban Renewal Area. RESOLUTION NO. 110-15 Of Necessity Finding That Certain Property Along North Cascade Road is an Economic Development Area and that the Development of Said Area is Necessary in the Interest of the Residents of the City of Dubuque, Iowa, and Setting a Date for Hearing on a Proposed Amendment to Urban Renewal Plan for Said District Suggested Disposition: Receive and File; Adopt Resolution(s) BOARDS/COMMISSIONS 1. Review of applications to the following Board or Commission Electrical Code Board One, 3 Year term through May 21, 2017 (Vacant term of Pfohl) Applicant: Zach Dowell, 2055 Winne Ct. (Qualifies as Journeyman/Maintenance) 2. Appointments to the following Boards or Commissions Environmental Stewardship Advisory Commission One, 3 Year term through October 1, 2017 (Vacant term of Splittstoeser) Applicant: Jalee Lynn Frommelt, 2540 Anamosa Dr. Nays Yays Sutton .....-- iLynch Lynch v' ConnorsD t_... ---- Resnick cO Braig 1 Buol 0, -- Jones ,,-°- Housing Code Appeals Board One, 3 Year term through January 11, 2016 (Vacant term of Kinsella) Applicant: Ronald White, 3197 Highland Park Dr. Nays Yays Sutton .....-- iLynch Lynch3 - Connors .,---- /Resnick Resnick ---- Braig Buol Jones 1 ,,-°- PUBLIC HEARINGS SUSPEND THE RULES Nays Yays Sutton ,..-- Lynch 1 %./- Connors Connors ✓ Resnick s Braig 3 ,� Buol ...--- /Jones Jones ✓ 1. SRF Green AIIey Project - Bid Set 7 Year 1 Proof of publication on notice of public hearing to consider approval of plans, specifications, form of contract, and estimated cost of the SRF Green AIIey Project Bid Set 7 - Year 1 and the City Manager recommending approval. RESOLUTION NO. 111-15 Approval of Plans, Specifications, Form of Contract, and Estimated Cost for the SRF Green AIIey Bid Set 7 — Year 1 Project RESOLUTION NO. 112-15 With Respect to the Adoption of the Resolution of Necessity Proposed for the SRF Green AIIey Bid Set 7 — Year 1 Project RESOLUTION NO. 113-15 Approving Schedule of Assessments and Estimate of Total Cost for the SRF Green AIIey Bid Set 7 — Year 1 Project Suggested Disposition: Receive and File; Adopt Resolution(s) Nays Yays Sutton ....---- Lynch c., -,- Connors j ..- Resnick Braig ,� Buol Jones a 6 2. 253 Main St. - Development Agreement Proof of publication on notice of public hearing for the approval of the Development Agreement with Ken Oberbroeckling to redevelop property at 253 Main Street into four market rate apartments and the City Manager recommending approval. RESOLUTION NO. 114-15 Approving a Development Agreement Between the City of Dubuque, Iowa and Ken Oberbroeckling and the Issuance of Urban Renewal Tax Increment Revenue Obligations Suggested Disposition: Receive and File; Adopt Resolution(s) Nays Yays Sutton Lynch I Connors 2 Resnick Braig Buol Jones 3. 1576 Locust St. - Development Agreement Proof of Publication on notice of public hearing to approve the Development Agreement with with Chris and Gary Stelpflug for redevelopment of property located at 1576 Locust Street into three apartments and the City Manager recommending approval. RESOLUTION NO. 115-15 Approving a Development Agreement Between the City of Dubuque, Iowa and Weaver Castle, LLC Suggested Disposition: Receive and File; Adopt Resolution(s) Nays Yays Sutton ,.....-- �Lynch LynchI ...--- Connors Connors .,- Resnick cD 1 Braig ,� Buol Jones 4. Fiscal Year 2015 Second Budget Amendment City Manager recommending approval of the second Fiscal Year 2015 Budget Amendment. RESOLUTION NO. 116-15 Amending the Current Budget for the Fiscal Year Ending June 3 2015 (as amended last on 09/15/2014). Suggested Disposition: Receive and File; Adopt Resolution(s) Nays Yays Sutton ,---- Lynch v' Connors ...--- Resnick ....- Braig Q v Buol ,...-- �Jones Jonesl ,� 5. Vacate Access, Utility and Storm Water Drainage Easement Lot C Reche's Subdivision - University of Dubuque Physician's Assistant Building Addition Proof of publication on notice of public hearing to vacate the easement of Lot C Reche's Subdivision, and transfer of ownership and maintenance responsibilities for the public sanitary sewer at no cost to the University of Dubuque in exchange for the transfer of ownership and maintenance of the sanitary sewer main to the University of Dubuque. RESOLUTION NO. 117-15 Disposing of City Interest in an Access, Utility, and Storm Water Drainage Easement Over and Across Lot C of Reche's Subdivision in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Nays Yays Sutton Lynch (..- Connors I .® Resnick .-d Braig Buol .....--- Jones REINSTATE THE RULES Nays Yays Sutton Lynch Connors Resnick Braig Buol Jones ACTION ITEMS 1. Eagle Point Energy Power Purchase Agreement Reinstatement City Manager recommending approval of reinstating the August 1, 2011 Agreement with Eagle Point Energy- 1, LLC effective May 1, 2015. RESOLUTION NO. 118-15 Reinstating the August 1, 2011 Agreement for Solar License and Power Purchase Between the City of Dubuque, Iowa and Eagle Point Energy- 1, LLC Suggested Disposition: Receive and File; Adopt Resolution(s) Nays Yays Sutton Lynch Connors Resnick Braig Buol Jones c 2. Property Acquisition - Doris A. Graf Farm City Manager recommending approval of an Offer to to purchase the 166.3 acre Graf Farm. RESOLUTION NO. 119-15 Approving the Acquisition Graf in Dubuque County, Iowa Buy Real Estate and Acceptance of Real Estate Owned by Doris A. Suggested Disposition: Receive and File; Adopt Resolution(s) Nays Yays Sutton Lynch ConnorsQ Resnick Braig Buol Jones 3. Premier Bank Intercreditor Agreement City Manager recommending approval of an Intercreditor Agreement with Premier Bank for the German Bank Building, 342 Main Street. RESOLUTION NO. 120-15 Approving an Intercreditor Agreement Between the City of Dubuque, Iowa and Premier Bank Suggested Disposition: Receive and File; Adopt Resolution(s) Nays Sutton Lynch Connors j Resnick Yays l% 1 ci Braig Buol Jones a 4. Funding to Increase Library Hours City Manager recommending approval of an allocation in the Fiscal year 2016 budget, subject to a future budget amendment. Suggested Disposition: Receive and File; Approve Nays Yays Sutton 1 Lynch t.--- /Connors Connors1 ,s Resnick ,,i Braig Buol Jones c9 .--, 5. Examining Board Member Appointment Correspondence from Rick Engelken, City Assessor requesting appointment of two City Council members to the Examining Board pursuant to Iowa Code 441.3 and documentation of such appointment. Suggested Disposition: Receive and File; Council Appointment Nays Yays Sutton Lynch „D Connors I Resnick Braig Buol Jones 6. Request for Work Session - Parks to People City Manager recommending City Council schedule a work session on May 18, 2015 at 5:15 pm for Parks to People. Suggested Disposition: Receive and File; Council Nays Yays Sutton t. ---- Lynch Lynch (./ Connors ,/7 Resnick ,/ Braig a Buol Jones \ COUNCIL MEMBER REPORTS \ )\ 0 rc'-%,'� Ic�9 c�.bd '� n Via. na.,s - 0-1.7n�c-�-41,� 1n.�� i�Co bsa� ®+� h,S PUBLIC INPUT f11ta,n 'Ke3.1 L . Gn cz Ce,Lb'- c2 \ �'-c> `KA-- CLOSED SESSION Pending Litigation and Property Acquisition — Chapter 21.5(1)(c), -(j) Code of Iowa Nays Yays Sutton 1., -- Lynch Lynch ✓Connors Connors ✓ Resnick& ,/ Braig ✓ Buol ✓ Jones 1 ./ ADJOURNMENT f. 13 pm Nays Yays Sutton t/ Lynch '� Connors Resnick 1 ✓ Braig --''' Buol / Jones c ✓