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4 3 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 April 3, 2017 in the Historic Federal Buildin., 350 W. 6th Street. 'resent: Mayor : uol; Council Members Co ors, Del oro, Jones, Lynch, R snick, ios; City Manager/Nlilligen, City Attorn ✓ A 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. Mayor's Day of Recognition for National Service (April 4, 2017) was accepted by r 2. The Month of the Young Child/Child Abuse Prevention Month (April 2017) & Week of the Young Child (April 23-29, 2017) was accepted by 6wiritz,s 1 Yays cam, Buol V Jones Z-' Connors f Lynch ,r Del Toro t/' .kRios Resnick Nays CONSENT ITEMS 1. Minutes and Reports Submitted Building Code and Advisory Appeals Board of 3/21; City Council Proceedings of 3/20; Civil Service Commission of 3/2; Library Board of Trustees of 2/23; Sister City Relationships Advisory Commission of 3/22; Transit Advisory Board of 3/9; Zoning Board of Adjustment of 3/23; Proof of Publication for City Council Proceedings of 3/6, 3/7; Proof of Publication for List of Claims and Summary of Revenues Month Ending 2/28 Suggested Disposition: Receive and File 2. Notice of Claims and Suits Mark Laird for property damage; Marvin and Mary Ritt for vehicle damage; Teamsters Local 120 for property damage, Rachel Wedewer for vehicle damage and personal injury; Linda Wessels for personal injury 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: Kaitlyn Birch for personal injury and vehicle damage; Mark Laird for property damage; Marvin and Mary Ritt for vehicle damage; Teamsters Local 120 for property damage; Rachel Wedewer for personal injury and vehicle damage; Linda Wessels for personal injury. Suggested Disposition: Receive and File; Concur 4. IDNR Working for Clean Water Publication City Manager transmitting the Working for Clean Water publication from the Iowa Department of Natural Resources (IDNR) in which Catfish Creek is featured as a 2016 watershed success. Suggested Disposition: Receive and File 5. Greater Dubuque Development Corp. 2022 Campaign City Manager transmitting the Greater Dubuque Development Corp. 2022 Campaign Brochure. 2 Yays Buol Jones Connors Lynch Del Toro Rios Resnick Nays 6. Annual Public Housing Agency (PHA) Plan City Manager recommending approval to submit the Annual Public Housing Agency (PHA) Plan along with the Certification for Consistency with the Consolidated Plan. RESOLUTION 116-17 Authorizing the Mayor to execute the Certification by State or Local Office of Public Housing Agency (PHA) Plan's Consistency with the Consolidated Plan and Approval of the PHA Annual Plan Suggested Disposition: Receive and File; Adopt Resolution(s) 7. Art on the River 2017 Artwork Selections Arts and Cultural Affairs Advisory Commission recommending approval of the selections for the 2017 Art on the River exhibition. Suggested Disposition: Receive and File; Approve 8. Urban Revitalization Applications for Residential Property Tax Abatement City Manager recommending approval of a resolution rescinding Resolution 58-17 and adopting a resolution correcting Calendar Year 2016 applications for residential property tax abatement. RESOLUTION 117-17 Rescinding Resolution No. 58-17 and approving Property Tax Abatement applications submitted by property owners in recognized Urban Revitalization Areas and authorizing the transmittal of the approved Applications to the City Tax Assessor Suggested Disposition: Receive and File; Adopt Resolution(s) 9. Express Scripts Programs City Manager recommending approval for the City Manager to sign the 2017 PBM Agreement Service Addendum with Express Scripts. Suggested Disposition: Receive and File; Approve 10. Medical Associates MMPI -2 Testing Services City Manager recommending approval of a one-year agreement with the psychologists at Medical Associates Clinic to provide MMPI -2 Testing Services administered to all new Firefighters and Police Officers. Suggested Disposition: Receive and File; Approve 3 Yays Buol Jones Connors Lynch Del Toro Rios Resnick Nays 11. Benefit Consulting and Actuarial Services City Manager recommending approval of the selection of Gallagher Benefit Services, Inc., to perform benefit consulting and actuarial services related to the City's employee health, life, accidental death and dismemberment, disability, prescription drug and dental benefit plans. Suggested Disposition: Receive and File; Approve 12. Series 2017ABC General Obligation Bonds Completion of Sale City Manager recommending approval of the suggested proceedings to complete the action required on the recent Series 2017A, Series 2017B and Series 2017C General Obligation Bonds. RESOLUTION 118-17 Appointing Wells Fargo Corporate Trust Services of Minneapolis, Minnesota, to serve as Paying Agent, Bond Registrar, and Transfer Agent, approving the Paying Agent and Bond Registrar and Transfer Agent Agreement and authorizing the execution of the Agreement RESOLUTION 119-17 Authorizing and providing for the issuance of $8,495,000 General Obligation Bonds, Series 2017A, and levying a tax to pay said Bonds; approval of the Tax Exemption Certificate and Continuing Disclosure Certificate RESOLUTION 120-17 Appointing Wells Fargo Corporate Trust Services of Minneapolis, Minnesota, to serve as Paying Agent, Bond Registrar, and Transfer Agent, approving the Paying Agent and Bond Registrar and Transfer Agent Agreement and authorizing the execution of the Agreement RESOLUTION 121-17 Authorizing and providing for the issuance of $9,745,000 General Obligation Urban Renewal Refunding Bonds, Series 2017B, and levying a tax to pay said Bonds; approval of the Tax Exemption Certificate and Continuing Disclosure Certificate RESOLUTION 122-17 Appointing Wells Fargo Corporate Trust Services of Minneapolis, Minnesota, to serve As Paying Agent, Bond Registrar, and Transfer Agent, approving the Paying Agent and Bond Registrar and Transfer Agent Agreement and authorizing the execution of the Agreement RESOLUTION 123-17 Authorizing and providing for the issuance of $2,120,000 Taxable General Obligation Urban Renewal Refunding Bonds, Series 2017C, and levying a tax to pay said Bonds; approval of the Continuing Disclosure Certificate Suggested Disposition: Receive and File; Adopt Resolution(s) 4 Yays Buol Jones Connors Lynch Del Toro Rios Resnick Nays 13. Request to initiate PUD Rezoning of Chaplain Schmitt Island City Manager recommending approval to initiate the application process for a PUD Planned Unit Development rezoning of Chaplain Schmitt Island consistent with the 2014 Master Plan. Suggested Disposition: Receive and File; Approve 14. Contract Assignment from Selser Schaeffer Architects to 563 Design LLC City Manager recommending assignment of the contract from Selser Schaeffer Architects to 563 Design, LLC which allows the City to continue working with 563 Design LLC to conclude four project contracts. 15. Hodge Companies Assignment of Real Estate Lease and Agreement City Manager recommending approval of the Assignment of Real Estate Lease and Agreement between Hodge Company and Dubuque Bank and Trust Company. Suggested Disposition: Receive and File; Approve 16. Design and Resiliency Team (DART) Technical Assistance Application City Manager recommending approval for the City of Dubuque to apply for a Design & Resiliency Team technical assistance project and for Sustainable Community Coordinator Cori Burbach to serve on a technical assistance team. Suggested Disposition: Receive and File; Approve 17. Community Development Block Grant (CDBG) Fiscal Year 2017Amendment 2 City Manager recommending approval of the Fiscal Year 2017 Annual Action Plan Amendment 2 for the Community Development Block Grant (CDBG) program. RESOLUTION 124-17 Approving Fiscal Year 2017 (Program Year 2016) Annual Action Plan Amendment 2 for Community Development Block Grant (CDBG) funds Suggested Disposition: Receive and File; Adopt Resolution(s) 5 Yays Buol Jones Connors Lynch Del Toro Rios Resnick Nays 18. Jackson Street Right -of -Way Acquisition Plat and Dedication City Manager recommending approval of the Acquisition Plat of City Lot 386A, in the City of Dubuque, and acceptance of the dedication of said lot for right-of-way purposes related to the SR Jackson Real Estate, LLC Warehouse Renovation Project at 1065 Jackson Street. RESOLUTION 125-17 Approving the Acquisition Plat of City Lot 386A in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 19. Marquette Hall Resolution of Support City Manager recommending approval of a Resolution in support of a Workforce Housing Tax Incentive Program application to be submitted to the Iowa Economic Development Authority (IEDA) by Cohen Esrey for Marquette Hall project. RESOLUTION 126-17 Resolution in Support of a Workforce Housing Tax Incentive Program application to be submitted to the Iowa Economic Development Authority (IEDA) by Cohen Esrey for Marquette Hall Project Suggested Disposition: Receive and File; Adopt Resolution(s) 20. Iowa Economic Development Authority Contact - Amendment No. 9 Correspondence from the Iowa Economic Development Authority (IEDA) submitting Amendment No. 9 that confirms completion of the contracts for Caradco Building and Linseed Oil/Paintworks Building projects. Suggested Disposition: Receive and File 21. Signed Contracts Dubuque Jaycees Lease for Veterans' Memorial Park Community Garden; Dubuque Water Sports Club Lease for a section of Chaplain Schmitt Island Suggested Disposition: Receive and File 6 Yays Buol Jones Connors Lynch Del Toro Rios Resnick Nays 22. Alcohol Compliance Civil Penalty for Alcohol License Holder - BP Station City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for BP Station, 1540 Loras Blvd. Suggested Disposition: Receive and File; Approve 23. Tobacco Compliance — Civil Penalty for Tobacco License Holder - BP Station City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for BP Station, 1450 Loras Blvd. Suggested Disposition: Receive and File; Approve 24. Alcohol License Applications City Manager recommending approval of annual beer, liquor and wine licenses as submitted. RESOLUTION 127-17 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) 7 ITEMS SET FOR PUBLIC HEARIN Changed: 1. Proposed Jule Transit Service Reductions and Changes 2. Bee Branch Creek Restoration Project - Floating Island Project Initiation 3. State Revolving Fund (SRF) Loan Environmental Review for Westside Water System Improvements Project Yays Buol Jones v� Connors V/' Lynch Del Toro 1 _,- Rios Resnick Nays April 17, 2017 1. Proposed Jule Transit Service Reductions and Changes City Manager recommending that the City Council set a public hearing for April 17, 2017 to consider approval of selected reductions and changes to the Jule Transit fixed -route service and schedules. RESOLUTION 128-17 Setting the date for a public hearing on Transit Fixed -Route Service Reductions Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for April 17, 2017 2. Bee Branch Creek Restoration Project - Floating Island Project Initiation City Manager recommending approval of the proposed plans, specifications, form of contract and construction estimate for the Lower Bee Branch Creek Floating Island Project in the 16th Street Detention Basin. It is further recommended that a public hearing be set for April 17, 2017. RESOLUTION 129-17 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for April 17, 2017 3. State Revolving Fund (SRF) Loan Environmental Review for Westside Water System Improvements Project City Manager recommending that the City Council schedule a public hearing for April 17, 2017, to discuss the results of the environmental review as provided by the State Revolving Fund's Department of Natural Resources for the Westside Water System Improvements Project. RESOLUTION 130-17 Approval of an Environmental Review as provided by SRF's Department of Natural Resources for the Westside Water System Improvements Project and ordering the advertisement for public notice Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for April 17, 2017 8 BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. Applicant appointments will be made at the next City Council meeting. 1. Civil Service Commission (Review) (Mayor Appointment) One, 3 -year term through April 6, 2020 (Expiring term of White). Applicant: Daniel White, 2919 Elm St. 2. Community Development Advisory Commission (Review) One, 3 -year term through February 15, 2020 (Expired At -Large Term of James). Applicant: Lindsay James, 2494 Pearl St. — 3. Mediacom Charitable Foundation (Review) One, 1 -year term through December 31, 2 0 17 Expired Term of Twining). Applicant: Constance Twining, 421 N. Booth St. Appointment was made to the following Commission. 4. Human Rights Commission (Appointment) One, 3 -year term through January 1, 2020 (Vacant term of Lenhart). Applicant: Jessica Perry (Indigo Channing), 160 N. Algona St, Yays Buol Jones p."7 Connors V „ Lynch Del Toro IV Bios v' Resnick Nays PUBLIC HEARINGS 1. Request to Release and Dispose of Easement - Tri-State Shred / Old Bellevue Road Proof of publication on notice of public hearing to consider 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 the City Manager recommending approval. RESOLUTION 131-17 Disposing of City interest in the Old 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) Yays Buol Jones 1 Connors Lynch ,7 Del Toro 17' „Rios IV Resnick Nays ii702? 10 PUBLIC INPUT g Ile -- 9N7)--7 4,-;•-trom^ /7,e4e, /e--71 di/7 le ?ef `"--"--` 41 /7/174'4 _19 ACTION ITEMS 1. Request to Rezone - Derby Grange, LLC / 12568 John F. Kennedy Road (SECOND READING) Zoning Advisory Commission recommending approval of 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 con rrent with annexation to the City of Dubuque. ORD!ANC 12-17 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property, in conjunction with annexation, located at 12568 Kennedy Road from County Agricultural District to City R-2 Two -Family Residential District Suggested Disposition(s): Receive and File; Motion Second Reading; or Receive and File; Motion B, Motion A; or Receive and File; Move to Amend Ordinance; Then Motion B, Motion A; or Receive and File; Move to Amend Ordinance; Then Set Special Meeting for 3rd Read' g us n -the-Reps!;1ig� Yays Nays B,uol 47-_ /pones pCronnors �,- Lynch Del Toro Rios Resn_'ck Yays , Nays Buol � Jones t" Connors Lynch Del Toro 1 Rios Resnick Super Majority F' al Reading and Ad Ya Buol s onnors Ly Del •(o Rios JAResnick Yays Nays Buol Jones v/ Connors Lynch Del Toro i - g% j Rios Resnick h pt ays 12 Yays Buol Jones Connors Lynch Del Toro Rios Resnick Nays Yays Nays Buol Jones Connors Lynch Del Toro Rios Resnick Yays Buol Jones Connors Lynch 1 Del Toro Rios Resnick Nays Yays Nays Buol Jones Connors Lynch Del Toro Rios Resnick e ry 2. Request to Rezone - Jim Kress /Derby Grange Road (Second Reading) r/®��/ Zoning Advisory Commission recommending approval of 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. ORDINANCE 13-17 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property, in conjunction with annexation, located along Derby Grange Road from County Agricultural District to City R-1 Single -Family Residential District Suggested Disposition: Receive and File; Motion B; Motion A Suspend Yays /_/ Yays the Readings Nays Buol Jones Connors Lynch Del Toro Rios Resnick Buol Jones Connors Lynch Del Toro Rios Resnick Nays Final Reading and Adopt Yays Nays Buol Jones //I Connors Lynch g,- Del Toro Rios Resnick Yays Nays Buol Jones Connors Lynch Del Toro Rios Resnick 14 3. Rustic Point Area Voluntary Annexation (TABLED FROM MARCH 20, 2017 MEETING) City Manager recommending 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). RESOLUTION 132-17 Approving an application for voluntary annexation of territory to the City of Dubuque, Iowa Suggested Disposition: Remove from Table; Then Receive and File; Adopt Resolution(s) Remove from Table Yays Nays % Buol 7 Jones Connors Lynch ,"Del Toro p- ,,Rios i/ Resnick Pc,/SAI Yays Nays Buol 1// Jones tj"-- Connors Lynch Del Toro ✓� ��Rios Resnick Yays Buol Jones Connors Lynch Del Toro Rios Resnick Nays 15 4. Derby Grange Road Housing Urban Renewal Plan (TABLED FROM THE MARCH 20, 2017 MEETING) ®®® City Manager recommending approval of a Resolution adopting the Urban Renewal Plan for the Derby Grange Road Housing Urban Renewal Area. RESOLUTION 133-17 Approving the Urban Renewal Plan for the Derby Grange Road Housing Urban Renewal Area Suggested Disposition: Remove from Table; Then Receive and File; Adopt Resolution(s) Remove from Table Yays Buol %! Jones Connors Lynch Del Toro „Aios 2' Resnick /12,' Nays Yays Buol Jones onnors Lynch 'Del Toro Rios f Resnick Yays Buol Jones Connors Lynch Del Toro Rios Resnick Nays 16 5. Derby Grange Road Housing Urban Renewal Plan — Ordinance (TABLED FROM THE MARCH 20, 2017 MEETING) l/2 - City Manager recommending review and approval of an ordinance creating a tax increment financing district for Derby Grange Road Housing Urban Renewal Area. ORDINANCE 14-17 Providing that general property taxes levied and collected each year on all property 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: Remove from Table; Then Receive and File; Motion B, Motion A Remove from Table Yays , Buol 7 Jones Connors y.� ,Lynch Del Toro 'Rios Resnick Nays Suspend the Readings Yays Nays Buol Jones Connors Lynch Del Toro Rios Resnick Yays Buol Jones Connors Lynch Del Toro Rios Resnick Nays Final Reading and Adopt Yays _ Buol ✓' Jones Connors Lynch Del Toro Rios tom,' Resnick Nays Yays Nays Buol Jones Connors Lynch Del Toro Rios Resnick 17 6. Grade Level Reading Update City Manager providing a report from the Leisure Services Department on the initiatives and actions related to the Campaign for Grade Level Reading as well as efforts of the past year and future actions. Staff will make a presentation Suggested Disposition: Receive and File; Staff Presentation Yays Buol Jones V, Connors L'Z. Lynch Del Toro Rios Resnick Nays 18 7. Medical Plan Third -Party Administration Services and Stop Loss Coverage City Manager recommending approval of the selection of Wellmark of Iowa as the third - party administrator for the City's medical plan. Suggested Disposition: Receive and File; Approve Yays , Buol Jones Connors Lynch Del Toro Rios Resnick Nays ,P1* --•j///11-0/e054- — '00 k" /47 I�1/Io a ,4t 1/ "41 Efi 444) AO' 16 "107/ 19 8. Award Contract - Five Flags Theater MasonrWProject City Manager recommending award of the contract for the Five Flags Theater Masonry Project to the low bidder, Hydro -Tech. /f9 RESOLUTION 134-17 Awarding the Public Improvement Contract for the Five Flags Theater Masonry Rehabilitation Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yays tom' L. Buol Jones Connors ;i' Lynch Del Toro Rios Resnick Nays 20 9. Award Contract - Ham House Masonry Rehabilitation Project City Manager recommending award of the Ham House Masonry Rehabilitation Project contract to the low bidder, Evans -Mason, Inc. 5/el C16 RESOLUTION 135-17 Awarding the Public Improvement Contract for the Ham House Masonry Rehabilitation Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yays ,'Buol Jones Connors Lynch ,7' Del Toro Rios Resnick Nays "76/923 21 10. Award SRF Green Alley Project Bid Set 4 Year 3 City Manager recommending award of the construction contract for the Award SRF Green Alley Project Bid Set 4 Year 3 to the low bidder, Portzen Construction, Inc. RESOLUTION 136-17 Awarding Public Improvement Contract for the SRF Green AIIey Bid Set 4 - Year 3 Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yays, Buol ,. _� Jones Connors Lynch k---'-11/.."4 Del Toro 1, -Rios Resnick Nays 22 COUNCIL MEMBER REPORTS CLOSED SESSION SESSION @ p.m. Pending Litigation and Real Estate Transfer Negotiations — Chapter 21.5(1)(c), -(j) Code of Iowa public statement Yays, Buol Jones Connors LV_ Lynch Del Toro Rios 1,/- Resnick Nays Reconvene @ p.m. ADJOURNMENT @ p.m. Yays Nays Buol Jones Connors Lynch / Del Toro Rios 9-- Resnick 23 TO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a Regular Session of the City Council to be held on Monday, April 03, 2017 at 6:00 PM in the Historic Federal Building for the purpose of conducting such business that may properly come before the City Council. poy D. Buol, Mayor Consent Items: Pages 1-4 /19/7e 4R.