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8 17 15 Clerk's Skeleton NotesCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on August 17, 2015 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor pdol; Council Members B aig Co ors, Jorit Ly‘, Resnick, S ton; City Manager Van MMilligen, City Attorney indahl Ab 6 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. W Icome,Biack Students Weeks (August 17-2) was accepted by 2. Driv- The Gr -at River Road Month (September) was accepted by CONSENT ITEMS Yays Nays Sutton V1 Braig / Lynch V Jones ,, Buol ts°" " Connors Resnick 1. Minutes and Reports Submitted Cable TV Commission of 6-3; Civic Center Commission of 7/27; Library Board of Trustees of 7-23; Historic Preservation Commission of 7-16; Zoning Advisory Commission of 8/5; Zoning Board of Adjustments of 7/23; Proof of Publication for City Council Proceedings of 7-20; Proof of Publication for City Council Proceedings of 8-3 Suggested Disposition: Receive and File 2. Notice of Claims and Suits Claim by Applewood III (Horizon) for property damage; Claim by Brandy Breitsprecker for property damage; Claim by Trisha Federspiel for vehicle damage; Claim by Sheryl Helling for vehicle damage; Claim by Sisters of the Visitation 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: Applewood III for property damage; Brandy Breitsprecker for property damage; Trisha Federspiel for vehicle damage; Sheryl Helling for vehicle damage. Suggested Disposition: Receive and File; Concur 4. Iowa Finance Authority (IFA) Grant - Matching Funds Request City Manager recommending approval to commit funds from the North Cascade TIF FY 2016 receipts as a match to the Iowa Finance Authority (IFA) grant from the State Housing Trust Funds. RESOLUTION No. 272-15 Approving Commitment of Matching Funds for an Application to the Iowa Finance Authority (IFA) for State Housing Trust Funds Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Sutton Braig Lynch Jones Buol Connors Resnick 5. Bard Materials - Grant of Temporary Construction Access Easement City Manager recommending acceptance of a temporary construction access easement from Bard Materials to construct a sanitary sewer interceptor as part of the Bee Branch Creek Project Contract #7 Railroad Sewer Crossing Project in Lot 1-2 and Lot 2A Kerper Industrial Park. RESOLUTION No. 273-15 Accepting a Temporary Construction Access Easement for Sanitary Sewer Interceptor Through, Over and Across Part of Lot 1-2 and Lot 2A Kerper Industrial Park, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 6. City Assessor's Office Notification of Tax Appeals Correspondence from City Assessor Rick Engelken that provides additional information to the notification of property tax appeals that appeared on the August 3, 2015 Agenda. Suggested Disposition: Receive and File 7. ITC Midwest Easement Agreement - 2849 White Street City Manager recommending approval of an easement agreement with ITC Midwest for electric transmission line maintenance work at 2849 White Street. Suggested Disposition: Receive and File; Approve 8. Trailhead Energy Contract City Manager recommending approval of the execution of a contract with Trailhead Energy to complete work related to Dubuque's competition as one of 52 semi-finalists for the Georgetown University Energy Prize. Suggested Disposition: Receive and File; Approve 9. U.S. Department of Housing and Urban Development Contract - Continuum of Care Special Needs Assistance Program City Manager recommending approval of the execution of the contract with the U.S. Department of Housing and Urban Development for administration of the Continuum of Care Special Needs Assistance Program (formerly Shelter Plus Care). Suggested Disposition: Receive and File; Approve Yays Nays Sutton Braig Lynch Jones Buol Connors Resnick 10. Reimbursement Resolution - Creek Wood Park City Manager recommending approval of a reimbursement resolution to serve as "official intent" to reimburse the project expenditures for the Creek Wood Park Development Project, as required under the federal tax-exempt bond regulation. RESOLUTION No. 274-15 Declaring an Official Intent Under Treasury Regulation 1.150-2 to Issue Debt to Reimburse The City for Certain Original Expenditures Paid in .Connection with the Creek Wood Park Project Suggested Disposition: Receive and File; Adopt Resolution(s) 11. Final Plat - Schlosser Place Zoning Advisory Commission recommending approval of the request subject to waiving the Lot frontage requirement for Lot 3 and Lot area for Lots 1 and 3. RESOLUTION No. 275-15 Approving the Final Plat of Schlosser Place in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 12. Pre -Annexation Agreement - Thomas & Judith Priebe City Manager recommending approval of a Pre -Annexation Agreement with Thomas J. and Judith J. Priebe, for property located at 14928 Old Highway Road. RESOLUTION No. 276-15 Approving a Pre -Annexation Agreement Between the City of Dubuque, Iowa and Thomas J. And Judith J. Priebe Suggested Disposition: Receive and File; Adopt Resolution(s) 13. Pre -Annexation Agreement - Joseph & Enid Wysocki City Manager recommending approval of a Pre -Annexation Agreement with Joseph A. and Enid E. Wysocki, for property located at 14946 Old Highway Road. RESOLUTION No. 277-15 Approving a Pre -Annexation Agreement Between the City of Dubuque, Iowa and Joseph A. and Enid E. Wysocki Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Sutton Braig Lynch Jones Buol Connors Resnick 14. Acceptance of Grant of Easement - M -M&M, LLC City Manager recommending acceptance of a Grant of Sanitary Sewer Force Main Easement through, over and across property owned by Phil Mihilakis of M -M&M LLC at 468 East 12th Street. RESOLUTION No. 278-15 Accepting a Grant of Easement for Sanitary Sewer Force Main Through, Over And Across Part of Lot 501 and the East 404' of Outlot 501, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 15. Upper Bee Branch Creek Restoration Project - 429 Rhomberg Stabilization Project City Manager recommending approval of a resolution to correct the retainage amount for the acceptance of the construction contract for the 429 Rhomberg Building Stabilization Project. RESOLUTION No. 279-15 Rescinding Resolution 219-15 and Accepting the 429 Rhomberg Demolition and Building Stabilization Project and Authorizing the Payment to the Contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 16. Iowa Department of Transportation (IDOT) Traffic Safety Improvement Grant - Northwest Arterial and Pennsylvania Avenue Right Turn Lane Improvement City Manager recommending approval of a resolution authorizing the filing of an application with the Iowa Department of Transportation for Traffic Safety Improvement Program Funding for the Northwest Arterial and Pennsylvania Avenue right turn lane improvement. RESOLUTION No. 280-15 Authorizing the Filing of a Grant Application With the Iowa Department of Transportation for Traffic Safety Improvements Funding for the City of Dubuque NW Arterial and Pennsylvania Avenue Right Turn Lane Improvement Suggested Disposition: Receive and File; Adopt Resolution(s) 17. Childhood Lead Poisoning Prevention Programs Contracts City Manager recommending approval of a contract with the Dubuque County Board of Health and the Iowa Department of Public Health for continued funding of the Childhood Lead Poisoning Prevention Program, a renewed agreement with the Visiting Nurse Association for services related to the Childhood Lead Poisoning Prevention Program and Health Homes Program, and an agreement with the Iowa Department of Public Health for data sharing. Suggested Disposition: Receive and File; Approve Yays Nays Sutton Braig Lynch Jones Buol Connors Resnick 18. Halle Properties LLC — Grant of Sanitary Sewer, Sidewalk and Storm Sewer Easement City Manager recommending acceptance of the Grant of Sanitary Sewer and Sidewalk Easement and Grant of Storm Sewer Easement from Halle Properties LLC for existing utilities across their property on John F. Kennedy Road (formerly the Long John Silver's restaurant site). RESOLUTION No. 281-15 Accepting a Grant of Easement for Storm Sewer Over and Across LOT 2 of LOT 2 Of LOT 2 of the W 1/2 of the NW '/ of Section 27; and LOT 2 of LOT 1 of LOT 2 of the NE ® of the NE IA of Section 28, All in Township 89 North, Range 2 East of the 5th P.M., in the itypf .uque, Iowa Sugg ted Disposition: Receive and File; Adopt Resolution(s) 19. Public, Educational, and Government (PEG) Capital Expenditure Request - Dubuque Community Schools District City Manager recommending approval of the Cable TV Commission recommendation for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities for Dubuque Community Schools for a variety of production equipment, including a camcorder, tripod, portable lighting system, microphones and a teleprompter system to be used to produce programming for its educational access channel. Suggested Disposition: Receive and File; Approve 20. Grand River Center Digital Display Replacement City Manager recommending replacement of 35 digital displays at the Grand River Center, subject to a future budget amendment. Suggested Disposition: Receive and File; Approve 21. Tobacco Compliance — Civil Penalty for Tobacco License Holder — Family Mart City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for Family Mart, 3201 Central Avenue. Suggested Disposition: Receive and File; Approve Yays Nays Sutton Braig Lynch Jones Buol Connors Resnick 22. Tobacco Compliance — Civil Penalty for Tobacco License Holder — Ron's Discount Smokes & Beverage Center #1 City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for Ron's Discount Smokes & Beverage Center #1, 3300 Asbury Road. Suggested Disposition: Receive and File; Approve 23. Alcohol Compliance Civil Penalty for Alcohol License Holder — Family Mart City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Family Mart, 3201 Central Avenue Suggested Disposition: Receive and File; Approve 24. Alcohol Compliance Civil Penalty for Alcohol License Holder — Ron's Discount Smokes & Beverage Center #1 City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Ron's Discount Smokes & Beverage Center #1, 3300 Asbury Road. Suggested Disposition: Receive and File; Approve 25. Alcohol License Renewals City Manager recommending approval of annual liquor, beer, and wine licenses as submitted. RESOLUTION No. 282-15 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 Restoration Project, Upper Bee Branch Creek Mississippi River Trail (MRT), Iowa DOT Project No. SB -IA -2100(675)--7T-31 Yays Nays V Sutton Braig Vvi Lynch Jones Buol ''f Connors Resnick 1. Upper Bee Branch Creek Restoration Project, Upper Bee Branch Creek Mississippi River Trail (MRT), Iowa DOT Project No. SB -IA -2100(675)--7T-31 City Manager recommending approval of the preliminary plans, specifications, form of contract for the Upper Bee Branch Creek Mississippi River Trail Project and setting September 8, 2015 as the date of public hearing. RESOLUTION No. 283-15 Upper Bee Branch Creek Mississippi River Trail (MRT) Iowa DOT Project No. SB -IA -2100(675)-7T-31 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 Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for September 8, 2015 BOARDS/COMMISSIONS Boards and Commission Applicant Review 1. Arts and Cultural Affairs Advisory Commission One, 3 -year term through June 30, 2018 (Vacant term of Henkels) Applicant: Matthew Gregory, 1560 Iowa St. Unit 3 (Qualifies for Business Professional in the cultural and entertainment district) 2. Housing Trust Fund Advisory Committee One, 3 year term through August 17, 2018 (Vacant term of Holz) Applicant: Jim Holz, 3010 Indiana Court 3. Human Right Commission One, 3 -year term through January 1, 2016 (Vacant term of Lenhart) Applicants: Sarah Fisher, 3045 Kaufmann R.R.S. Stewart, 460 Summit St. This commission is subject to the State of Iowa Gender Balance Law. 9 Commissioners total; currently 4 males/4 female/ 1 vacancy Boards and Commissions Appointments Appointments to the following commissions to be made at this meeting. 4. Cable Television Commission One, 3 -year term through July 1, 2017 (Vacant term of Stevens) One, 3 -year term through July 1, 2018 (Expired term of Hoverman) Applicants: Mark Dolson, 54 Alpine St. Sr Hoverman 155,,� Sutton Braig Lynch Jones Buol Connors 1 Resnick t. Apt 1 (additional applicant Yay / Nays i,r Sutton Braig 1.--` Lynch Jones Buol ' Connors :— -Resnick 5. Long Range Planning Advisory Commission One, 3 -year term through July 1, 2017 (Vacant term of Beytien) Applicant: Mark Dolson, 54 Alpine St. Yays 1/:>: Nays Sutton Braig Lynch e Jones Buol Connors 1/ Resnick SUSPEND THE RULES Yays Nays Sutton v Braig Lynch Jones Buol Connors 4 Resnick PUBLIC HEARINGS rye 6 � 1. Burlington Trailways Lease Agreement Proof of publication on notice of public hearing to approve a lease agreement with Burlington Trailways at the Intermodal Transit Facility and the City Manager recommending approval. RESOLUTION No. 284-15 Disposing of an interest in real property by easement to Burlington Stage Lines, LTD. Suggested Disposition: Receive and File; Adopt Resolution(s) 110/0 717/0/71 R;v4r( ,290f/ 912 "4" 'Ad* Suspend the Readings Yays , Nays , Sutton V Braig V Lynch - Jones i/ - Buol Connors Resnick Final Reading and Adopt Yays, Nays V Sutton Braig Lynch VI Jones i/ - Buol Connors Resnick 2. Rezoning Request - 900 Seippel Road Proof of publication on notice of public hearing to consider a request by JLD Investments, LLC to modify the zoning condition applied to the property located at 900 Seippel Road regarding fencing and the City Manager recommending approval. ORDINANCE No.P-15 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by Reclassifying Hereinafter Described Property Located at 900 Seippel Road From CSc Commercial Service and Wholesale District With Conditions to CSc Commercial Service and Wholesale District With Conditions as Established in the Attached Memorandum of Agreement Suggested Disposition: Receive and File; Motion B; Motion A Yays Nays Sutton /7 Braig Lynch vi/ Jones Buol Connors p,/ Resnick 3. Sale of Property - Weaver Castle, LLC / 396 W. Locust Street Proof of publication on the sale of 396 W. Locust Street to Weaver Castle LLC and the City Manager recommendin• approval. RESOLUTION No. -15 Disposing Of City Interest in Real Property Located At 396 W. Locust Street, In The City Of Dubuque, Iowa RESOLUTION No.2.8'6-15 Attaching Single Family Residence Restrictive Covenant, Whether Owner Occupied or Single Family Rental, To 396 W. Locust Street, Dubuque, IA Suggested Disposition: Receive and File; Adopt Resolution(s) /5e/ e4y/e/W 4f-47k4k*,h5zeee, REINSTATE THE RULES Yays Nays Sutton Braig Lynch Lam° Jones Buol Connors Resnick ACTION ITEMS 1. Arts and Culture Master Plan Update Verbal Update from Arts and Culture Master Plan Consultants, Brad King and Priya Sicar of Lord Cultural Resources Suggested Disposition: Receive and File gho,- / "/"..‘ solo,/ 7,4Ya 49S4s, i‘fdis „ z ate -.44-4/0 airs //1-@ &97,61.14 /711a.‘:ifz 4dr =r4's" � 11/// 4 e/: 2;? ,ia), 4-1), 041 dike 2. Text Amendment - Residential Freestanding Solar Arrays (3nd Reading) Request by the City of Dubuque to amend the Unified Development Code to establish procedures for the review of new freestanding solar arrays and the Zoning Advisory Commission recommending approval. Planning Services Manager transmitting additional information. ORDINANCE No. A5 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Developmh t Code, by Amending Articles 16-5-2-2 (R-1), 16-5-3-2 (R-2) 16-5-4.3 (R - 2A), 16-5-5.3 (R-3) and 16-5-6.3 (R-4), 16-5-7.3 (OR) and 16-5-9.3 (OC) to establish maximum area and height requirements for residential freestanding solar arrays Suggested Disposition: Receive and File; M ie•rrBM ie -A '°' spend the Readings Yays ' Nays utton B,<ig Lync Jones Buol Connors N. Resnick Final Reading and Adopt Yays Nays Sutton Braig Lynch Jones Buol Connors Resnick Yays Nays V Sutton j%/ Braig E/ Lynch 1.4 Jones Buol Connors Lp7 Resnick 77& 3. Catfish Creek Watershed Management Plan City Manager recommending adoption of the Catfish Creek Watershed Management Plan as a policy document to be considered when establishing and updating City regulations, policies and programs that reduce flood risk, improve water quality, and educate people about watershed stewardship. RESOLUTION No. 287-15 Adopting Catfish Creek Watershed Management Plan The full 316 - page Catfish Creek Watershed Management Plan can be viewed on the City of Dubuque's website at http://www.cityofdubuque.org/2247/Catfish-Creek-Watershed- Management-Plan Suggested Disposition: Receive and File; Adopt Resolution(s) OM/ �jG 4. State of Iowa Water Resource Restoration Sponsored Project Program Funding Agreement - Catfish Creek Watershed Authority Board City Manager recommending authorization for the Mayor to execute the agreement with the Catfish Creek Watershed Authority for the purpose of expending funds in State of Iowa Water Resource Restoration Sponsored Project program funding approved for improvements within the Catfish Creek Watershed in accordance with the Catfish Creek Watershed Management RESOLUTION No. 288-15 Approving the Agreement Between the Catfish Creek Watershed Authority and the City of Dubuque, Iowa for SRF Water Resource Restoration Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays 1,/,' Sutton Braig -Lynch Jones Buol ,�, Connors 1 Resnick - /0/4,04 2 ief4o6/ ,e/ pee, ,?7'-�gy e Aoydd /&7 iit/0 *4- Ylz, Yv ?jaw 4/004,? . -g/.9g. P/7;0-", 1 76)//elAt.) 5. Skate Park Evaluation and Conceptual Design Consultant Selection City Manager recommending approval of the selection of Pillar Design Studios as the consultant for the Skate Park Evaluation and Conceptual Design Project Suggested Disposition: Receive and File; Approve „iv hilea 4/1" 2.104/ hie ,§11 Z//f747/1i fZal AO-ar /rb ✓l/✓//vy(ia� ,�il� Yays Nays V Sutton Vitil Braig fir`'' Lynch t/ Jones Buol L/ Connors Resnick 6. SRF Green AIIey Project Bid Set 3 - Year 3 Award City Manager recommending award of the construction contract to the low bidder, Portzen Construction, Inc. RESOLUTION No. 289-15 Awarding Public Improvement Contract for the SRF Green AIIey Bid Set 3 — Year 3 Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays i/ Sutton /; Braig Lynch Jones ' Buol Connors i."''' Resnick 7. Iowa 32 Hike -Bike Trail Phase 4 and 5 Project Award City Manager recommending the award of the construction contract to the low bidder, Drew Cook & Sons Excavating Co., Inc. RESOLUTION No. 290-15 Awarding Public Improvement Contract for the Iowa 32 Hike -Bike Trail - Phase 4 & 5 Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Sutton Braig Lynch Jones Buol Connors Resnick 8. Bee Branch Creek Restoration Project Property Acquisition - 2450 Washington St and 2442 - 2446 Washington St. City Manager recommending acquisition of 2450 Washington Street and 2442 - 2446 Washington Street for the Bee Branch Creek Restoration Project and for expansion of Comiskey Park. RESOLUTION No. 291-15 Approving the Acquisition of Real Estate Owned by Patricia M. Chamberlain, in the City Of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s) OW A /4-.06 Suspend the Readings Yays, Nays 1s' Sutton V Braig V Lynch / Jones V Buol . Connors // Resnick Final Reading and Adopt Yays Nays //1, Sutton Braig Lynch Jones V Buol . Connors j,,.-" Resnick 9. Code of Ordinances Amendment - Title 16 Zoning Board of Adjustment City Manager recommending approval of an ordinance which adds a new Section 16-8-1 which establishes the Zoning Board of Adjustment and provides for the powers, operation, membership and meetings. ORDINANCE No.g15 Amending City of Dubuque Code of Ordinances Title 16 Unified Development Code, Chapter 8 Zoning Board of Adjustment Applications by Repealing Section 16-8-1 Zoning Board of Adjustment and Adopting a New Section 16-8-1 Zoning Board of Adjustment in Lieu Thereof Establishing the Zoning Board of Adjustment, Providing for the Powers, Operation, Membership, and Meetings Suggested Disposition: Receive and File; Motion B; Motion A Yays, Nays Sutton Braig Lynch Jones 4,/ Buol V Connors Resnick 10. Public, Educational, and Government (PEG) Capital Expenditure Request - City of Dubuque City Manager recommending approval of the Cable TV Commission recommendation for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities for the City of Dubuque to purchase a drone to capture aerial video and still images of City projects and initiatives. Suggested Disposition: Receive and File; Approve ,e/W 4A9Q- g-47--eagy ,e9e diz 6 *ez Yays Nays v' Sutton V✓' Braig t Lynch 27/ Jones Buol Connors Resnick 11. Request for Work Session - Inclusive Dubuque City Manager requesting that the City Council schedule a Quarterly Inclusive Dubuque Work Session for November 2, 2015 at 5:00 pm Suggested Disposition: Receive and File; Council Yays Nays I( Sutton V Braig Lynch Jones V Buol MIConnors Resnick 12. Request to Schedule Tour of Intermodal Transit Facility and Reschedule Quarterly Sustainable Dubuque Work Session City Manager requesting that the City Council reschedule the Quarterly Sustainable Dubuque Work Session to Monday, October 5 at 5:00 p.m. City Manager further requests council approval to schedule a 30 minute walking tour of the Intermodal Facility on Tuesday, September 8 at 5:30 p.m. (the original date scheduled for the Quarterly Sustainable Dubuque Work Session). Suggested Disposition: Receive and File; Council COUNCIL MEMBER REPORTS PUBLIC INPUT J. CLOSED SESSION p.m. Pending Litigation and Prop1erty Acquisition Pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa Yays Nays ,,,,--- Sutton% /7,Braig Braig L nch / Jo ladol 'Connors ( Resnick K. ADJOURNMENT 9,!..C5(p.m. Yays ,- Nays Sutton /7,Braig Lynch Jones Buol Connors 11,. Resnick 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 17, 2015 at 6:30 PM in the Historic Federal Building for the purpose of conducting such business that may properly come before the City Council. oy D. Buol, Mayor Consent Items: Pages 1-4