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10 19 15 Clerk's Skeleton Notes and Meeting CallsTO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a Regular Session of the City Council to be held on Monday, October 19, 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. Consent Items: Pages 1-4 oy D. Buol, Mayor CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:00 p.m. on October 19, 2015 in the Historic Federal Building, 350 W. 6th Street. Pesent: Mayor ol; Council Members, B ig Cont‘s, Jokes, Lyr1h, Resnick, tton; City Manager Var .f/lilligen, City Attory Lindahl Ab 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 on Enhanced Neighborhood Support. 19, -'W "9y WORK SESSION Enhanced Neighborhood Support ..417 ,M9,4 ADJOURNMENT Yays Nays Jones °" Buol Resnick Sutton Lynch Braig Connors 47-6/46/ 41Y+ 411464/11)' ti 719 /91g/7 Mt 1 1.411 /%/ :'j� \ (l i l 402:4 TO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a Special Session of the City Council to be held on Monday, October 19, 2015 at 5:00 PM in the Historic Federal Building for the purpose of conducting a work session on Enhanced Neighborhood Support. Consent Items: Pages n/a oy D. Buol, Mayor CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on October 19, 2015 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor:S'uol; Council Membersrig Condors, Jos"res, Lynch, Res in ck, Sion; Manager Van Milligen, City Attorney Ldafhl Absent: 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)/ k/7 1. Hunger and Homelessness Awareness Month (November 2015) was accepted b Trisha Federspiel, Shelter Plus Care Coordinator, 1789 Elm St. 2. Mississippi River Cities and Towns Initiative was accepted by , f ��//*e/ , at,i` xmA5142/awietov,e_. 1914e,,;, 3. Gentlemen Day (October 21, 2015) was accepted by Tara Beck and advocate representative, Waypoint Services of Cedar Rapids. A 41/' QM-A,:irt af63/14/27/-w, 2,7-2 ,:if/442*`446 CONSENT ITEMS Yays Nays • Jones .7 Buol Resnick Sutton !v// Lynch / Braig Connors 1. Minutes and Reports Submitted Cable TV Commission of 8/5; City Council Proceedings of 10/5; Civil Service Commission of 9/10; Human Rights Commission of 9/14, 9/16; Library Board of Trustees of 8/18, 8/27; Library Board of Trustees Council Update of 9/24; Zoning Advisory Commission of 10/7; Zoning Board of Adjustment of 9/24; Proof of Publication for City Council Proceedings of 9/21; Proof of Publication for Delinquent Water, Sewer, Refuse and Stormwater Collection Accounts of 9/18, 9/25 Suggested Disposition: Receive and File 2. Notice of Claims and Suits Joshua Canon for defamation/harassment, Joyce Hammill for personal injury/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: Joshua Canon for defamation; Joyce Hammill for personal injury/property damage Suggested Disposition: Receive and File; Concur 4. 2014 Water Fluoridation Quality Award Correspondence from Bob Russell of the Iowa Department of Public Health informing the City that the Centers for Disease Control and Prevention has awarded the City of Dubuque's water system with the 2014 Water Fluoridation Quality Award. Suggested Disposition: Receive and File 3 Yays Nays Jones Buol Resnick Sutton Lynch Braig Connors 5. Sustainable Dubuque Community Grant Recommendations City Manager recommending approval of a grant request from the Sustainable Dubuque Community Grant program. Suggested Disposition: Receive and File; Approve 6. Lead Hazard Control Grant Agreement City Manager recommending approval of a resolution authorizing the Mayor to sign a Lead Hazard Control Grant Agreement with the U.S. Department of Housing and Urban Development for the program performance period beginning November 2, 2015 and ending October 31, 2018. RESOLUTION 353-15 Authorizing execution of a Lead Hazard Control Grant Agreement with the U.S. Department of Housing and Urban Development. Suggested Disposition: Receive and File; Adopt Resolution(s) 7. Mississippi River Watershed Report Card City Manager transmitting information from America's Watershed Initiative regarding the Mississippi River watershed. Suggested Disposition: Receive and File 8. Yard Lighting Initiative City Manager recommending approval of changes to the Yard Lighting Initiative that provides a match to property owners who install either front -yard or rear -yard lighting that improves lighting levels on sidewalks and alleys. Suggested Disposition: Receive and File; Approve 4 Yays Nays Jones Buol Resnick Sutton Lynch Braig Connors 9. EB Lyons Recreation Area Expansion Project Acceptance City Manager recommending acceptance of the construction contract for the EB Lyons interpretive Area Expansion Project, as completed by Portzen Construction, Inc. RESOLUTION 354-15 Accepting the EB Lyons Interpretive Area Expansion Project and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 10. Asbury Road Pavement Rehabilitation Project Acceptance City Manager recommending acceptance of the public improvement construction contract for the 2015 Asbury Road Pavement Rehabilitation Project as completed by Iowa Erosion Control, Inc. RESOLUTION 355-15 Accepting the 2015 Asbury Road Pavement Rehabilitation Project and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 11. Miller Riverview Parking Pad Project Acceptance City Manager recommending acceptance of the public improvement construction contract for the Miller Riverview Park — Concrete Pads Project, as completed by Midwest Concrete, Inc. RESOLUTION 356-15 Accepting the Miller Riverview Park - Concrete Pads Project and authorizing the payment to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 5 Yays Nays Jones Buol Resnick Sutton Lynch Braig Connors 12. East Central Intergovernmental Association (ECIA) - 5th Amendment to CDBG Grant Administration City Manager recommending approval of Amendment #5 to East Central Intergovernmental Association's (ECIA) Contract for Administrative Services for the Linseed Oil Building portion of the City's Community Development Block Grant (CDBG) contract #08-DRH-212. RESOLUTION 357-15 Approving Amendment #5 to the contract with East Central Intergovernmental Association for Grant Administration of CDBG Contract #08-DRH- 212 with the Iowa Economic Development Authority Suggested Disposition: Receive and File; Adopt Resolution(s) 13. Grant of Permanent Easement and Agreement - Bus Shelter at St. Mary's Apartments City Manager recommending approval of an Easement Agreement and accept of the Grant of Easement from St. Mary's Apartments of Dubuque, LLC, 2955 Kaufmann Avenue, to facilitate the construction and on-going maintenance of bus shelters at that location. RESOLUTION 358-15 Approval of an Agreement and accepting a Grant of Permanent Easement for a bus shelter located at St. Mary's Apartments of Dubuque, 2955 Kaufmann Avenue, in Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 14. Development Agreement Amendment - 1576-1580 Locust Street / Weaver Castle, LLC City Manager recommending approval of the First Amendment to Development Agreement with Weaver Castle, LLC which extends the completion date for the redevelopment of the property at 1576-1578-1580 Locust Street to December 31, 2015. RESOLUTION 359-15 Approving the First Amendment to the Development Agreement between the City of Dubuque, Iowa and Weaver Castle, LLC Suggested Disposition: Receive and File; Adopt Resolution(s) 6 Yays Nays Jones Buol Resnick Sutton Lynch Braig Connors 15. Development Agreement Amendment - 346-348 W. Locust Street / Weaver Castle, LLC City Manager recommending approval of the Second Amendment to Development Agreement with Weaver Castle, LLC which extends the completion date for the redevelopment of the property at 346-348 West Locust Street to December 31, 2016. RESOLUTION 360-15 Approving the Second Amendment to the Development Agreement between the City of Dubuque, Iowa and Weaver Castle, LLC Suggested Disposition: Receive and File; Adopt Resolution(s) 16. Release of Mortgage - 1500 Radford Road City Manager recommending approval of a resolution authorizing the Mayor to sign the Release of Real Estate Mortgage. RESOLUTION 361-15 Approving a Release of Mortgage by the City of Dubuque, Iowa on the property at 1500 Radford Road owned by Kevin F. Freiburger and Lee Ann Freiburger (Precision Tool & Engineering, Inc.) Suggested Disposition: Receive and File; Adopt Resolution(s) 17. Timber Hyrst Subdivision No. 4 - Storm Water Detention Facility and Storm Water Impoundment Easement Acceptance City Manager recommending acceptance of a Grant of Storm Water Detention Facility and Storm Water Impoundment Easement from North Cascade Road Developers LLC as part of the Timber-Hyrst Estates No. 4 over - detention project. RESOLUTION 362-15 Accepting a Grant of Storm Water Detention Facility and Storm Water Impoundment Easement through, over and across parts of Lot H, Lot 91, Lot 98 and Lot 99 of Timber-Hyrst Estates No. 4, in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 7 Yays Nays Jones Buol Resnick Sutton Lynch Braig Connors 18. Civil Service Commission Civil Service Commission submitting the Certified Lists for the positions of Accountant, Equipment Operator I, Equipment Operator II, and Sanitation Driver. Suggested Disposition: Receive and File; Make Matter of Record 19. PEG Capital Grant Expenditure Request City Manager recommending approval of the Cable TV Commission recommendations for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities for the City of Dubuque to purchase a new HD on -air playback server and a new on -air graphics bulletin board service. Suggested Disposition: Receive and File; Approve 20. Declaration of Official Intent to Reimburse Expenses Relating to Certain Fiscal Year 2016 Bond Projects City Manager recommending approval of the Declaration of Official Intent Resolution for Fiscal Year 2016 capital projects that are funded by an upcoming bond issuance in February 2016 allowing the City to reimburse itself from bond proceeds for expenditures incurred prior to the actual sale of the bonds. RESOLUTION 363-15 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 Fiscal Year 2016 Projects Suggested Disposition: Receive and File; Adopt Resolution(s) 21. Canadian Pacific Railroad Tip Towers Installation Communication from Canadian Pacific Railroad advising the City of its plan to install five, 40 -foot tip towers within the railroad's right-of-way inside the City limits. Suggested Disposition: Receive and File; Refer to Planning Services 8 Yays Nays Jones Buol Resnick Sutton Lynch Braig Connors 22. Pre -Annexation Agreement - Spiegel Family Realty Company Iowa, LLC City Manager recommending approval of the Spiegel Family Realty Company Iowa, LLC Pre -Annexation Agreement in conjunction with the request for approval of the Final Plat of Silver Oaks No. 2 in Dubuque County. RESOLUTION 364-15 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa, and Spiegel Family Realty Company Iowa, LLC Suggested Disposition: Receive and File; Adopt Resolution(s) 23. Parking Division Position Reclassification City Manager recommending approval to create one additional Parking System Technician and eliminating one Parking Meter Serviceworker I position in the Parking Division. Suggested Disposition: Receive and File; Approve 24. Alcohol and Tobacco License Applications City Manager recommending approval of annual liquor, beer, wine and tobacco license applications as submitted. RESOLUTION 365-15 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 RESOLUTION 366-15 Approving applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa Code 453A.47A Suggested Disposition: Receive and File; Adopt Resolution(s) ITEMS SET FOR PUBLIC HEARING 1. Bee Branch Creek Basin Overlook and 22nd Street Parking Lot Project 11/2/15 2. Sale of Property - 767 University Avenue 11/2/15 3. Sale of Property - 1849 Jackson Street 11/2/15 Yays, Nays Jones Buol Resnick Sutton Lynch z Braig Aid Connors 1. Bee Branch Creek Basin Overlook and 22nd Street Parking Lot Project City Manager recommending approval of the plans, specifications, form of contract and the estimated cost for the Bee Branch Creek — Basin Overlook and 22nd Street Parking Lot Project and setting November 2, 2015 as the date for public hearing. RESOLUTION 367-15 Bee Branch Creek - Basin Overlook & 22nd Street Parking Lot Project, Iowa DOT Project NO. TAP -U-2100(683)--81-31 Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for 11/2/15 2. Sale of Property - 767 University Avenue City Manager recommending setting a public hearing for November 2, 2015 on the proposed sale of the City lot located at 767 University Avenue to Habitat for Humanity. RESOLUTION 368-15 Intent to dispose of an interest in City of Dubuque real estate, setting a time and place for hearing and providing for the publication thereof Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for 11/2/15 3. Sale of Property - 1849 Jackson Street City Manager recommending setting a public hearing for November 2, 2015 on the proposed sale of a lot located at 1849 Jackson Street to Community Housing Initiatives. RESOLUTION 369-15 Intent to dispose of an interest in City of Dubuque real estate, setting a time and place for hearing and providing for the publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for 11/2/15 10 PUBLIC HEARINGS SUSPEND THE RULES Yays Yays, Nays Nays Jones Jones . Buol Buol V' Resnick Resnick ' Sutton Sutton i Lynch Lynch ,, Braig Braig Connors Connors 1. University of Dubuque Institutional District ID Amendment Proof of publication on notice of public hearing to consider a request by the University of Dubuque to amend ID Institutional District to construct an addition to Mercer Birmingham Hall on the McCormick Street Extension and the Zoning Advisory Commission recommending approval. ORDINANCE 63-15 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by providing for the approval of an Amended Campus Development Plan for the University of Dubuque to allow construction of an addition to Mercer Birmingham Hall. Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays, Nays ,' Jones V U Buol f Resnick Sutton Lynch Braig Connors Final Reading and Adopt Yays Nays i,, ' Jones Buol f Resnick Sutton Lynch Braig Connors �.� ram ��/cw/,r� AA awcf 11 2. Request to Rezone - 3507 Keystone Drive Proof of publication on notice of public hearing to consider a by Jason and Kim Meyer to rezone property located at 3507 Keystone Drive from R-1 Single -Family Residential District to R-3 Moderate Density Multi -Family Residential District and the Zoning Advisory Commission recommending: - Denial of the R-3 Moderate Density Multi -Family Residential District; and - Approval of the R-2 Two -Family Residential District ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Uni, e .Development Code, by reclassifying hereinafter described property located at 3507 Keystone Drive from R-1 Single -Family Residential District to R-3 Moderate Density Multi -Family District. Concur with Denial — R3 Yays Nays t--/ Jones i,°' Buol 4.7 Resnick �,% Sutton Lynch 17 Braig V- / Connors ORDINANCE 64-15 Amending Title 16 of the City of Dubuque Code Of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 3507 Keystone Drive from R-1 Single -Family Residential District to R-2 Two -Multi - Family Residential District. Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays V' Jones f� Buol Resnick u Sutton Lynch .- Braig V- / Connors Final Reading and Adopt Yays Nays Jones f� Buol Resnick Sutton Lynch t Braig / Connors 6117,4-7,a, /25 , • , • ..... c....D "_ ...044 •4. ,... 4 .. 7 o. 4 3 .... i . . ....__.4 7 ... , - ....4 .,,,.. ' . . . ,.. - - - 4,-..-.-- 4 . „ ,...._. -. . . 1 ' . . ... - .....,..._ ,..." . . . . .-• , r ./. f Ar, . i r _ ,........ e_..... , , ................ n, t t .. ,...r�.. ' n s3.....,....."w,w.,...,...,.....,.,..a.., ...:t f f�R _ s6'.,.�W.��,,. e ........,,...s..,......,,...�e.,.m„,,...«,....a.,.,-.»..,...,..M...�.,....,. .. ..................�,.>s».,..,�.....®..., 3. Request to Rezone - 1660, 1670 and 1690 University Avenue Proof of publication on notice of public hearing to consider a request by Thomas Tiefenthaler to rezone property located at 1660, 1670, and 1690 University Avenue from R-2 Two -Family Residential District to C-2 Neighborhood Shopping Center District and the Zoning Advisory Commission recommending approval. ORDINANCE 65-15Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 1660, 1670, and 1690 University Avenue From R-2 Two -Family Residential District to C-2 Neighborhood Shopping Center District Suggested Dissi ori,: ° eceive and File; Motion B; Motion A (Super Majority Required) Suspenil_tee-R-eadings Yays Nays Nays Jones ` Buol Resnick 17 Sutton Resnick Lynch ":d Braig j> Connors Final Reading and Adopt Yays, Nays Jones Buol Resnick 1,7 Sutton Lynch Braig / Connors - J4/ 4V,1 /gC gym 4//1411 tAl 4. Request to Vacate - Sanitary Sewer Easement 3045 Indiana Court Proof of publication on notice of public hearing to consider disposal of a sanitary sewer easement across Lot 1 of Indiana Subdivision No. 2 in the City of Dubuque, 3045 Indiana Court, and the City Manager recommending approval. RESOLUTION 370-15 Disposing of City interest in a portion of a Sanitary Sewer Easement over and across Lot 1 of Indiana Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Yays , Nays Jones Buol Resnick "r Sutton Lynch Braig Connors 14 f/e6-- 5. Sewershed 7 & 10 Manhole Replacement Project Proof of publication on notice of public hearing to consider approval of plan, specifications, form of contract, and estimated cost for the Sewershed 7 &10 Manhole Replacement project and the City Manager recommending approval. RESOLUTION 371-15 Approval of plans, specifications, form of contract, and estimated cost for the 2015 Sewershed 7 & 10 Manhole Replacement Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yays ,, Nays Jones Buol Resnick v Sutton 1 Lynch ,V/ Braig / Connors 'et 15 6. Greater Downtown Urban Renewal District - Urban Renewal Plan Amendment Proof of publication on notice of public hearing to consider an amendment to the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District and the City Manager recommending approval. RESOLUTION 372-15 Approving the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Jones Buol Resnick Sutton Lynch Braig Connors REINSTATE THE RULES This action limits discussion to the City Council 16 ACTION ITEMS 1. Bunker Hill Irrigation Project Phase 2 Award City Manager recommending award of the contract for the Bunker Hill Irrigation Replacement Project Phase 2 to the low bidder Leibold Irrigation, Inc. RESOLUTION 373-15 Awarding the public improvement contract for the Bunker Hill Golf Course Irrigation Project Phase 2 Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Jones Buol Resnick Sutton Lynch Braig '/ Connors 17 2. Code of Ordinances Amendment - Title 2 Civic Center Commission City Manager recommending approval of an ordinance which adds a new Title 2, Chapter 4 which establishes the Civic Center Advisory Commission and provides for the powers, operation, membership and meetings. ORDINANCE 66-15 Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions by repealing Chapter 4 Civic Center Advisory Commission and adopting a new Chapter 4 Civic Center Advisory Commission in lieu thereof establishing the Civic Center Advisory Commission and providing for the powers, operations, membership and meetings Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays , Nays i / Jones ir Buol ," Resnick Sutton Lynch �✓' Braig /,z' Connors Final Reading and Adopt Yays Nays Jones Buol ," Resnick Sutton Lynch t-- Braig Connors 18 OA* 3. Code of Ordinances Amendment - Title 2 Housing Commission City Manager recommending approval of an ordinance which adds a new Title 2, Chapter 5, Article B which establishes the Housing Commission and provides for the powers, operation, membership and meetings. ORDINANCE 67-15 Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 5 Housing Agency and Community Development Commissions by repealing Article B Housing Commission and adopting a new Article B Housing Commission in lieu thereof establishing the Housing Commission and providing for the powers, operation, membership, and meetings Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays Nays Jones j' Jones Buol Buol 1,v Sutton Resnick Lynch Sutton Braig 7 Lynch Braig Connors Final Reading and Adopt Yays Nays Jones Buol Resnick Sutton Lynch Braig 7 Connors 19 AON 7; 234. National League of Cities Voting Delegates Correspondence from the National League of Cities requesting that the City designate a voting delegate and alternate voting delegate for the upcoming National League of Cities Annual Business meeting on November 7, 2015. Suggested Disposition: Receive and File; Ge tril Jones Buol Nays Resnick Sutton Lynch Braig 7 Connors 20 COUNCIL MEMBER REPORTS PUBLIC INPUT A$0,41 17 "71,K, 4%04 -gbiofai, Ai&f, ,k4 m/r CLOSED SESSION P.m. Pending Litigation and Properky�y cquisition — Chapter 21.5(1)(c), -(j) Code of Iowa Yays `� ,�°'--Nays Nays Jane Bu snick utton Lynch L f, Braig Connors ADJOURNMENT p.m. Yays Nays Jones Buol Resnick Sutton Lynch L f, Braig Connors 21