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3 20 17 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 March 20, 2017 in the Historic Federal Building, 350 VV. 6th Street. Present: Mayor : •l; Council Members Co'nors, Del lroro, Jo'es, Lyich, Resnick, os; City Manager tii Milligen, City Attorne 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 ALLEGIANCE PROCLAMATION(S) 1. Irish -American Heritage Month (March 2017) was accepted b 2. Junior Achievement Day (April 6, 2017) was accepted by 1 Del Toro Lynch Jones Connors Resnick Buol Rios Nays CONSENT ITEMS p2C 1. Minutes and Reports Submitted Building Code Appeals Board of 12/20/16; Cable TV Commission of 3/1; City Council Proceedings of 3/6, 3/7; Community Development Advisory Commission for 2/21; Human Rights Commission of 2/13;Library Board of Trustees Council Update #158 of 2/23; Parks and Recreation Advisory Commission for 2/14; Resilient Community Advisory Commission of 3/2; Sister Cities Relationships Advisory Commission of 1/18; Zoning Advisory Commission for 3/1; Zoning Board of Adjustment for 2/23; Proofs of Publication for City Council Proceedings of 2/13, 2/16, 2/20, 2/22, 2/23 and 2/27 Suggested Disposition: Receive and File 2. Notice of Claims and Suits Kaitlyn Birch for vehicle damage and personal injury; Scott Printing 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: Kathaleen Nelson for property damage; Scott Printing for property damage Suggested Disposition: Receive and File; Concur 4. 365ink Impact Award for Sustainability City Manager transmitting information on the 365ink Impact Award for Sustainability given to the City of Dubuque in recognition of the Bee Branch Creek Flood Mitigation Project and the Comprehensive Housing Activities for Neighborhood Growth & Enrichment (CHANGE) Program. Suggested Disposition: Receive and File 5. Anderson Sainci Named Millennial Impact Fellow City of Dubuque News Release advising that Resource Management Coordinator and Supervisor Anderson Sainci has been named a Millennial Impact Fellow by New Profit, a national venture philanthropy fund. Suggested Disposition: Receive and File Yays Del Toro Lynch Jones Connors Resnick Buol Rios Nays 6. Leisure Services News Updates March 2017 City Manager transmitting the City of Dubuque Leisure Services News / Updates brochure. Suggested Disposition: Receive and File 7. Bee Branch Healthy Homes Resiliency Program City Manager transmitting a City of Dubuque public information brochure on the Bee Branch Healthy Homes Resiliency Program. Suggested Disposition: Receive and File 8. Mississippi River Cities and Towns Initiative Annual Meeting Materials City Manager transmitting material from the 5th Annual Mississippi River Cities & Towns Initiative held February 28 - March 2, 2017 in Washington, DC. Suggested Disposition: Receive and File 9. Stipulation of Settlement for Property Tax Appeal - HyVee Food Stores, 300 S. Locust Street City Attorney recommending approval of the Stipulation of Settlement for a property tax appeal filed by HyVee Food Stores, Inc. for property located at 300 S. Locust Street. Suggested Disposition: Receive and File; Approve 10. Stipulation of Settlement for Property Tax Appeal - HyVee Food Stores, 4800 Asbury Road City Attorney recommending approval of the Stipulation of Settlement for a property tax appeal filed by HyVee Food Stores, Inc. for property located at 4800 Asbury Road. Suggested Disposition: Receive and File; Approve 11. Green Industrial Supply, Inc. - Contract Amendment City Manager recommending approval of a resolution authorizing an amendment to a contract with the Iowa Economic Development Authority (IEDA) for Iowa Values Funds (IVF) Financial Assistance benefits on behalf of Green Industrial Supply, Inc. RESOLUTION 94-17 Approving a Third Amendment to the Economic Development Financial Assistance Contract by and among Green Industrial Supply, Inc., the City of Dubuque, and the Iowa Economic Development Authority Suggested Disposition: Receive and File; Adopt Resolution(s) 3 Yays Nays Del Toro Lynch Jones Connors Resnick Buol Rios 12. Lead Hazard Control Grant Application 2017 City Manager recommending approval of an application to the U.S. Department of Housing and Urban Development (HUD) for continuation of the Lead -Based Paint Hazard Control Program throughout the City of Dubuque. RESOLUTION 95-17 Authorizing the Mayor to Execute an application for a HUD Lead Paint Hazard Control and Healthy Homes Program grant Suggested Disposition: Receive and File; Adopt Resolution(s) 13. Civil Service Commission - Certified Lists Civil Service Commission submitting the Certified Lists for the positions of Assistant Horticulturist and Water Distribution Foreman. Suggested Disposition: Receive and File; Make Matter of Record 14. Updates to Special Events Permit Application Booklet City Manager recommending approval of updates to the City of Dubuque Special Events Permit Application Booklet. Suggested Disposition: Receive and File; Approve 15. AT&T - Sale of Communications Equipment and Transfer of Conduit City Manager recommending approval of the execution of the Bill of Sale of Communications Systems and the transfer of conduit to the City of Dubuque from AT&T Corporation. Suggested Disposition: Receive and File; Approve 16. U.S. Department of the Interior Biennial Report for the Historic Federal Building City Manager transmitting correspondence from the U.S. Department of the Interior related to the City's submission of the Biennial Report for the Historic Federal Building. Suggested Disposition: Receive and File 17. Dubuque Racing Association Improvement Projects Request City Manager recommending approval of a request from Dubuque Racing Association President & CEO Jesus Aviles for City Council consent to use the Depreciation and Improvement Fund to complete two capital improvement projects. Suggested Disposition: Receive and File; Approve 4 Yays Nays Del Toro Lynch Jones Connors Resnick Buol Rios 18. Code of Ordinances - Adoption of Supplement No. 24 City Clerk recommending adoption of Supplement No. 24 to the City of Dubuque Code of Ordinances. RESOLUTION 96-17 Adopting Supplement No. 24 to the Code of Ordinances of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 19. Tobacco Compliance — Civil Penalty for Tobacco License Holder — Fas Mart City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for Fas Mart, 2175 Central Avenue. Suggested Disposition: Receive and File; Approve 20. Alcohol Compliance Civil Penalty for Alcohol License Holder — Noonan's Tap City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Noonan's Tap, 1618 Central Avenue. Suggested Disposition: Receive and File; Approve 21. Alcohol License Applications City Manager recommending approval of annual beer, liquor and wine licenses as submitted. RESOLUTION 97-17 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) 5 ITEMS SET FOR PUBLIC HEARING 1. Request to Release Easement - Tri-State Shred / OId Bellevue Road — April 3, 2017. Yays r% Del Toro Lynch Jones Connors Resnick Buol Rios Nays 1. Request to Release Easement - Tri-State Shred / OId Bellevue Road City Manager recommending approval of the request from Bruce Radtke, President of Tri-State Shred, 2270 Twin Valley Road, to vacate a portion of the Old Bellevue Road public right-of-way easement across Lots 1 and 2 of Gudenkauf Place and Lots 1 and 2 of Twin Valley Place, and further recommends that a public hearing be set for April 3, 2017, on the disposal of the property. RESOLUTION 98-17 Resolution of Intent to vacate and dispose of City interest in the OId Bellevue Road public right-of-way easement over and across Lot 1 and Lot 2 of Gudenkauf Place and Lot 1 and Lot 2 of Twin Valley Place in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for April 3, 2017. 6 BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their appointment to the following Board/Commission. az/ 1. Human Rights Commission - Review � One, 3 -year term through January 1, 2020 (Vacant term of Lenhart). Applicants: Jessica Perry (Indigo Channing), 160 N. Algona St.; Kristen Ricondo, 2769 University Ave 1114( Mfr, 5,/(14` Appointments were made to the following Boards/Commissions. 2. Community Development Advisory Commission One, 3 -year term through February 15, 2020 (Expiring Low- to Moderate -Income Representative term of Burley). Applicant: Sara Burley, 2622 Broadway (Qualifies as Low- to Moderate -Income Representative) Yays Nays �-! Del Toro V Lynch Jones Connors Resnick i."" Buol Rios 3. Housing Code Appeals Board One, 3 -year term through January 11, 2019 (Vacant term of Miller). Applicant: Gil Spence, 975 Grove Ter. Yays Del Toro Lynch Vi Jones Connors Resnick Buol ,' Rios Nays 4. Mechanical and Plumbing Code Board r` One, 3 -year term through March 16, 2020 (Expiring Term of Giese). Applicant: Tom Giese, 395 Villa St. Yays. Del Toro Lynch Jones Connors Resnick Buol Rios Nays 5. Zoning Board of Adjustment a One, 5 -year term through March 25, 2022 (Expiring term of Golombeski). Applicant: Bethany Golombeski, 65 Cambridge Ct. Yays Del Toro v'Lynch Jones iyg Connors Resnick s✓ �� Buol Rios Nays PUBLIC HEARINGS 1. Request to Rezone - Derby Grange, LLC / 12568 John F. Kennedy Road Proof of publication on notice of public hearing to consider a request from Derby Grange, LLC, to rezone 50.4 acres at the Northwest Corner of Kennedy Road and Derby Grange Road (12568 Kennedy Road) from County AG Agricultural to City R-2 Two -Family Residential concurrent with annexation to the City of Dubuque and the Zoning Advisory C. mission recommending approval. ORDINANCEI Unified Devel conjunction District to Cit 17 Amending Title 16 of the City of Dubuque Code of Ordinances, ent Code, by reclassifying hereinafter described property, in th annexation, located at 12568 Kennedy Road from County Agricultural R-2 Two -Family Residential District Suggested Disposition: Receive and Suspend the Readings Nays Yays Del Toro Lynch Jones Connors Resnick v." Buol Rios ,540A/ems4 tkplb 6/0"1721t14 File; Motion B; M•ti•n A / Arra ing-a pt Yays Nays Del Toro y' £-2' Lynch / Jones Connors Resnick ,„Buol Rios 9 4q /4 itki4 #*-4 ii014/6 01"/fr il4r5 2. Request to Rezone - Jim Kress / Derby Grange Road Proof of publication on notice of public hearing to consider a request from Jim Kress to rezone 2.99 acres located along Derby Grange Road from County AG Agricultural to City R-1 Single -Family Residential concurrent with annexation to the City of Dubuque and the Zoning Advisory Commission recommending approval. ORDINANCE 1 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Develo went Code, by reclassifying hereinafter described property, in conjunction wit annexation, located along Derby Grange Road from County Agricultural District to City R-1 Single -Family Residential District Sugge ed Disposition: Receive and File; Motion B. oti.n A Spend t iugs Yays Nays Del Toro Lynch Jones L/ Connors (� jr7 Resnick Buol Rios Fii% I Reading and Adopt Yays \ Nays Del Toro,/ ync es +Znors Resnick Buol Rios 10 3. Rustic Point Area Voluntary Annexation Proof of publication on notice of public hearing to consider approval of the Rustic Point Area annexation of approximately 56 acres owned by four property owners: Marlene L. Brimeyer (1.42 acres), Derby Grange LLC (50.4 acres), James F. and Janet M. Kress (2.99 acres), and the City of Dubuque (1.35 acres) and the City Manager recommending approval. RESOLUTIO "9 '17 Approving an application for voluntary annexation of territory to the City of Dub e, Iowa geste• R isf'ositi Re ive an I ; Adopt Resoluti J/1 Del Toro V' Lynch 4,1 Jones /7 - Connors Resnick Buol 4°" 1 Rios ppm -- se* ,4w.:* .149- h1 7/(j) 11 de5 4. Derby Grange Road Housing Urban Renewal Plan Proof of publication on notice of public hearing to consider approval of a Resolution adopting the Urban Renewal Plan for the Derby Grange Road Housing Urban Renewal Area and the City Manager recommending approval. RESOLUTION 1 17 Approving the Urban Renewal Pian for the Derby Grange Road Housing Urban R newal Area Sugges - + isP si ion R e a ,,d File; Adopt Resolution(s) - Yays Nays , Del Toro /,f Vi Lynch / Jones / 11 Connors_ _ Resnick Buol PI, Riostf,41 b;i? � t "—°* A'. X02. 40/211' /MP- 4 - /9,A-1, "day 40h,te ate/ /g /6 /Ilyh4r 12 5. South Pointe Housing Urban Renewal Area Proof of publication on notice of public hearing to consider approval of a resolution approving the Urban Renewal Plan for the South Pointe Housing Urban Renewal Area and the City Manager recommending approval. RESOLUTION 101-17 Approving the Urban Renewal Pian for the South Pointe Housing Urban Renewal Area Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Del Toro v'',37 Lynch 1,7, Jones Connors Resnick Buol Rios Nays 13 6. SRF Green Alley Project Bid Set 4 Year Proof of publication on notice of public hearing to consider approval of plans, specifications, form of contract and estimated cost for the Green Alley Bid Set 4 - Year 3 Project and the City Manager recommending approval. RESOLUTION 102-17 Approval of plans, specification, form of contract, and estimated cost for the SRF Green Alley Bid Set 4 - Year 3 Project RESOLUTION 103-17 Resolution with respect to the Adoption of the Resolution of Necessity proposed for the SRF Green Alley Project Bid Set 4 - Year 3 Project RESOLUTION 104-17 Approving the Schedule of Assessments and estimate of total cost for the SRF Green AIIey Bid Set 4 - Year 3 Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yays i/ „ Del Toro :i/- Lynch Jones i/'" Connors Resnick j Buol Rios Nays 14 7. Westside Water System Improvements - English Mill and North Cascade Roact' Water Main Extension and English Mill Road Pump Station Project Proof of publication on notice of public hearing to consider approval of plans, specifications, form of contract, and estimated cost for the Westside Water System Improvements that include the English Mill and North Cascade Road Water Main Extension and the English Mill Road Pump Station Project and the City Manager recommending approval. RESOLUTION 105-17 Approval of plans, specifications, form of contract, and estimated cost for the Westside Water System Improvements - English Mill and North Cascade Road Water Main Extension and the English Mill Road Pump Station Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Del Toro Lynch Jones Connors L/ . Resnick HBuol Rios Nays 15 8. Fiscal Year 2017 Second Budget Amendment Proof of publication on notice of public hearing to consider approval of the Fiscal Year 2017 Second Budget Amendment. RESOLUTION 106-17 Amending the current budget for the Fiscal Year Ending June 30, 2017 as amended last on September 19, 2016. Suggested Disposition: Receive and File; Adopt Resolution(s) Yays frr Del Toro Lynch ,,?.._Jones Connors 1,7 Resnick Buol Rios Nays 16 PUBLIC IN UT 17 ACTION ITEMS 1. Derby Grange Road Housing Urban Renewal Plan - Ordinance eelf City Manager recommending review and approval of an ordinance creating a tax increment financing district for Derby Grange Road Housing Urban Renewal Area. ORDINANCE 1 7 Providing that general property taxes levied and collected each year on all pr perty located within the Derby Grange Road Housing Urban Renewal Area, in the City of Dubuque, County Of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District and other Taxing Districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said Derby Grange Road Housing Urban Renewal Area Suggested Disposition; Receive and File; Motion B; Motion A F Ings Fin, I Reading an Adopt Nays Yays Nays el ro Yays Del Toro Lynch 4% Jones Connors Resnick Buol tt� Rios 18 ,,' Jon Connrs Resnick Buol Rios 2. South Pointe Housing Urban Renewal Area - Ordinance gry.....3 City Manager recommending review and approval of an ordinance creating a tax incremt fi ancing district for the South Pointe Housing Urban Renewal Area. ORD INAI1CProviding that general property taxes levied and collected each year on all property located within the South Pointe Housing Urban Renewal Area, in the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District and other Taxing Districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said South Pointe Housing Urban Renewal Area Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays 17; Del Toro f', Lynch t/ Jones Connors Resnick Buol Rios #.47 Final Reading and Adopt Yays Del Toro ," Lynch Jones Connors t" --A_1 Resnick -Buol Rios 19 Nays 3. Series 2017ABC General Obligation Bond Sale 4"' 0;) City Manager recommending approval of the suggested proceedings for directing sale of the $8,830,000 General Obligation Bonds, Series 2017A, $10,105,000 General Obligation Urban Renewal Refunding Bonds, Series 2017B and $2,155,000 Taxable General Obligation Urban Renewal Refunding Bonds, Series 2017C. The Bond Sale is scheduled for March 20. Results will be presented at the meeting. Amounts subject to adjustment per Terms of Offering. RESOLUTION 107-17 Directing the Sale of $ Series 2017A RESOLUTION 108-17 Directing the sale of Renewal Refunding Bonds, Series 2017B RESOLUTION 109-17 Directing the Sale of $ Urban Renewal Refunding Bonds, Series 2017C RESOLUTION 110-17 Authorizing the redemption of outstanding General Obligation Bonds, Series 2009A (Taxable Build America Bonds), of the City of Dubuque, state Of Iowa, dated November 10, 2009, and directing notice be given RESOLUTION 111-17 Authorizing the redemption of outstanding General Obligation Urban Renewal Bonds, Series 2009B (Taxable Build America Bonds), of the City of Dubuque, State of Iowa, dated November 10, 2009, and directing notice be given RESOLUTION 112-17 Authorizing the redemption of outstanding General Obligation Refunding Bonds, Series 2009C, of the City of Dubuque, State of Iowa, dated November 10, 2009, and directing notice be given RESOLUTION 113-17 Authorizing the redemption of outstanding General Obligation Bonds, Series 2010A, of the City of Dubuque, State of Iowa, dated August 30, 2010, and directing notice be given RESOLUTION 114-17 Authorizing the redemption of outstanding Taxable General Obligation Urban Renewal Bonds, Series 2010B, of the City of Dubuque, State of Iowa, dated August 30, 2010, and directing notice be given RESOLUTION 115-17 Authorizing the redemption of outstanding General Obligation Urban Renewal Bonds, Series 2010C, of the City of Dubuque, State of Iowa, dated August 30, 2010, and directing notice be given General Obligation Bonds, General Obligation Urban Taxable General Obligation Suggested Disposition: Receive and File; Adopt Resolution(s) Yays�' Del Toro L.," Lynch Jones ti Connors Resnick Buol Rios Nays 20 4. Upper Bee Branch Creek Light -Pole Banners, Interpretive Signs, and Fiber Utility Cabinets City Manager recommending approval of the Upper Bee Branch Creek Light -Pole Banners, Interpretive Signs and Fiber Utility Cabinets. Suggested Disposition: Receive and File; Approve Yays Nays Del Toro per"" Lynch /7"' Jones Connors Resnick �- Buol Rios tY/P-774*71 5. Request for Work Session on EPA Brownfields Grant 94/ City Manager recommending that the City Council schedule a work session for June 12, 2017 at 6:00 p.m. to review the EPA Brownfields Grant. Suggested Disposition: Receive and File; Ck uRcil Yays Del Toro Lynch Jones . _Connors Resnick ® Buol Rios Nays 21 COUNCIL MEMBER REPORTS ,i7/zf 4'4, CLOSED SESSION @,7: p.m. Pending Litigation and Real Estate Transfer Negotiations — Chapter 21.5(1)(c), -(j) Code of Iowa Public Statement: Yays , Nays Del Toro V. Lynch i,c/ Jones 1,1 .1 Connors r1 Resnick 6 ` LBuol Rios Reconvene: 4:4;e07 p.m. ADJOURNMENT @ 41:7p.m. Yays Nays Del Toro Lynch Jones Connors - Resnick Buol Rios gz - A040 it), 22 TO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a special session of the City Council to be held on Monday, March 20, 2017 at 6:00 p.m. in the Historic Federal Building for the purpose of conducting such business that may properly come before the City Council. 9 Roy D. Buol, Mayor ( 411/:4"1 1 i a.-7/4"4" 101,