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4 17 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 17, 2017 in the Historic Federal Building., 350 W. 6th Street. Present: Mayor Buol; Council Members Connors v anager Van Milligen, City Attorney Brumwel Absent: Council Member Lynch Del Toro, Jones, Resnick, Rios; City 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 PRESENTATION 1. Dubuque Eagles' Eyes on the Future Michael Duehr of the Fraternal Order of Eagles will introduce the Eyes on the Futtre Youth Committee. � 'ie,e6 ,'� ,j4J',, PROCLAMATION S) 1. Arbor Day (April 28, 2017) was accepted by 2. Dubuque /�f Caring (April 28, 2017) was accepted by 11" IIA, �_y�,4�#.Pre ' (• ,p/ en 70,01- cam:' X4#9( L7///te, 4A. n, /1"Acirr,f 44041f 4/*//740)44 Zrz", -`' 4er / J•j 12 d a Yays, Rios Del Toro -e Buol Connors Resnick Jones Nays CONSENT ITEMS 1. Minutes and Reports Submitted Cable TV Commission of 4/5; City Council Proceedings of 4/3, 4/10; Five Flags Civic Center Commission of 3/27; Historic Preservation Commission of 3/16; Human Rights Commission of 3/13; Long Range Planning Advisory Commission of 3/15; Resilient Community Advisory Commission of 4/6; Zoning Advisory Commission of 4/5; Proof of Publication for City Council Proceedings of 3/20 Suggested Disposition: Receive and File 2. Notice of Claims and Suits Lindsy Nadermann for property damage; Gene Allen Ninneman for property damage; Jade Wiegel 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: Lindsy Nadermann for property damage; Gene Ninneman for property damage; Jade Wiegel for vehicle damage Suggested Disposition: Receive and File; Concur 4. Bee Branch Creek Grand Opening Invitation City Manager providing the invitation for the Bee Branch Creek grand opening on Wednesday, July 19, 2017. Suggested Disposition: Receive and File 5. Consent Decree Semi Annual Report March 31, 2017 City Manager transmitting the March 31, 2017 Semi Annual Consent Decree Report that has been submitted to the United State Environmental Protection Agency as required by the Consent Decree. Suggested Disposition: Receive and File 2 I Yays Rios Del Toro Lynch Buol Connors Resnick Jones 1 Nays 1 1 6. Request for Proposal - Water Meter Replacement Project - Vernon Water System and Barrington Lakes Subdivision City Manager recommending approval to issue a Request for Proposal for the Westside Water System Improvements, Water Meter Replacement Project that would solicit bids from Iowa licensed plumbing contractors to replace the existing approximately 320 water meters with the current City of Dubuque water meter system hardware in Cedar Crest, Key City, Wildwood Estates Subdivisions (known as the Vernon Water System) and Barrington Lakes Subdivision. Suggested Disposition: Receive and File; Approve 7. Greater Downtown Urban Renewal District Amendment - Resolution Nunc Pro Tunc City Manager recommending approval of a Resolution correcting the legal description in the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District adopted March 6, 2017. RESOLUTION 90-17A Nunc Pro Tunc correcting and amending a scrivener's error in certain legal descriptions included in the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District Suggested Disposition: Receive and File; Adopt Resolution(s) 8. South Pointe Housing Urban Renewal Area - Resolution Nunc Pro Tunc City Manager recommending approval of a Resolution correcting the legal description in the Urban Renewal Plan for the South Pointe Housing Urban Renewal Area adopted March 11, 2017. RESOLUTION 101-17A Nunc Pro Tunc correcting and amending a scrivener's error in certain legal descriptions included in the Urban Renewal Plan for the South Pointe Housing Urban Renewal District Suggested Disposition: Receive and File; Adopt Resolution(s) 3 Yays Rios V Del Toro V Buol 2, Connors I/4'r Resnick Jones Nays 9. Derby Grange Road Housing Urban Renewal Area - Resolution Nunc Pro Tunc City Manager recommending approval of a resolution correcting the legal description in the Urban Renewal Plan for the Derby Grange Road Housing Urban Renewal Area adopted April 3, 2017. RESOLUTION 133-17A Nunc Pro Tunc Correcting and amending a scrivener's error in certain legal descriptions included in the Urban Renewal Plan for the Derby Grange Road Housing Urban Renewal District Suggested Disposition: Receive and File; Adopt Resolution(s) 10. Property Exchange Agreement - Creek Wood Park City Manager recommending approval of the Property Exchange Agreement with Jeff and Jill Reimer exchanging ownership of Lot 1-2 Timber-Hyrst Place #2 (currently owned by the City of Dubuque) for Lot 2 Timber-Hyrst Place No. 8 (currently owned by the Reimers). RESOLUTION 137-17 Approving a Property Exchange Agreement with Jeff and Jill Reimer for the exchange of certain real property in Dubuque County, Iowa located along Creek Wood Drive Suggested Disposition: Receive and File; Adopt Resolution(s) .S. Postal Service - Parking Purchase Agreement jy Manager recommending approval of an Agreement of Purchase and Sale to purchase the 8,474 -square foot parking lot located at the corner of Locust and 5th Streets from the U.S. Postal Service. RESOLUTION 138-17 Approving an Agreement for the Purchase of Real Estate in the City of Dubuque, Iowa commonly referred to as The Historic Federal Building Post Office Parking Lot from the United States Postal Service Suggested Disposition: Receive and File; Adopt ResQ ution(s) „iy"--% �, /7 _ 6-7 %�J'I7? �.,ht9) - 4 ( Yays Nays Rios Del Toro Lynch Buol Connors Resnick Jones 12. Circles® USA Contract City Manager recommending approval of a one year contract with Circles® USA for use of the Circles® brand and consulting services for the Dubuque Circles® Initiatives. Suggested Disposition: Receive and File; Approve 13. Pre -Annexation Agreement - Michael J. and Rebecca M. McMahon (Twin Ridge Subdivision) City Manager recommending approval of a Pre -Annexation Agreement with Michael J. and Rebecca M. McMahon, property owners of Lots 2 and 3 in Twin Ridge Subdivision No. 5. RESOLUTION 139-17 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Michael J. and Rebecca M. McMahon Suggested Disposition: Receive and File; Adopt Resolution(s) 14. Pre -Annexation Agreement - Troy M. and Theresa A. Budde (Key West Drive) City Manager recommending approval of a Pre -Annexation Agreement with Troy M. and Theresa A. Budde, for property located at 10906 Key West Drive. RESOLUTION 140-17 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Troy M. and Theresa A. Budde Suggested Disposition: Receive and File; Adopt Resolution(s) 15. Five Flags Civic Center - Fiscal Year 2017 Detailed Operating Budget City Manager recommending approval of the detailed Fiscal Year 2017 Operating Budget for the Five Flags Civic Center submitted by SMG. Suggested Disposition: Receive and File; Approve 16. Civil Service Commission Civil Service Commission submitting the Certified Lists for the positions of Water Plant Operator and Public Works Field Supervisor. Suggested Disposition: Receive and File; Make Matter of Record Yays Rios Del Toro Lynch Buol Connors Resnick Jones Nays 17. Approval of Plat of Survey - 1065 Jackson Street Right -of -Way City Manager recommending approval of the Plat of Survey of Lot 1 and Lot 2 of City Lot 386A to facilitate the construction of the proposed deck and access ramp improvements at 1065 Jackson Street for SR Jackson Real Estate, LLC. RESOLUTION 141-17 Approving Plat of Proposed Vacated Right -of -Way of a portion of Jackson Street adjacent to City Lots 384, 385, 386, 387, and the South Half of 388, said right of way being a part of City Lot 386A, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 18. Iowa Department of Transportation (IDOT) - Transit Consolidated Funding Application City Manager recommending approval of the submittal of the Consolidated Funding Application to the Iowa Department of Transportation for The Jule's annual operating and maintenance allocations, the Lobbying Cost Certificate, Certificate of Cost Allocation Plan and Authorizing Resolution. RESOLUTION 142-17 Approval of Grant Application to Iowa DOT for Consolidated Funding Suggested Disposition: Receive and File; Adopt Resolution(s) 19. Master Licensing Agreement (MLA) with Mobiilitie/Network Technology IA LLC City Manager recommending approval of a Master Licensing Agreement with Mobilitie/Network Technology IA LLC, which represents one portion of a comprehensive strategy to improve the connectivity of Dubuque through new broadband and wireless investments. Suggested Disposition: Receive and File; Approve 20. Proposed Incentive to Assist Downtown Building Owners with Fire Escape Compliance City Manager recommending approval of an amendment to the Downtown Fapade Program to include eligibility for financial assistance to repair exterior fire escapes. Suggested Disposition: Receive and File; Approve 6 Yays Rios Del Toro Lynch Buol Connors Resnick Jones Nays 21. Southwest Arterial Project Consultant Professional Services Supplemental Agreement City Manager recommending Council approval of a Resolution authorizing the City Manager to execute a supplemental agreement with AECOM Technical Services, Inc. which approves revisions to the original scope of services to the Consultant Professional Services Contract to complete the final engineering design phase of the Southwest Arterial Project. RESOLUTION 143-17 Approving the Consultant Professional Services -Supplemental Agreement No. 18 between AECOM Technical Services, Inc. and the City of Dubuque for the completion of final Engineering Design Phase of the Southwest Arterial Project Suggested Disposition: Receive and File; Adopt Resolution(s) 22. Signed Contracts Five Flags Study and Assessment Contract with Conventions, Sports, and Leisure (CSL); Release of Real Estate Mortgage for Jorja Moore, 890 Iowa Street. Suggested Disposition: Receive and File 23. Alcohol and Tobacco Applications City Manager recommending approval of annual liquor, beer, wine and tobacco license applications as submitted. RESOLUTION 144-17 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 RESOLUTION 144-17A Approving applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa Code Chapter 453A.47A Suggested Disposition: Receive and File; Adopt Resolution(s) ITEMS SET FOR PUBLIC HEARING 1. Vacating Petition - 1065 Jackson Street Right -of -Way 3. 2017 Pavement Marking Project Yays /7* Rios Del Toro -L-yrrdi Buol Connors Resnick / Jones Nays May 1,2017 Pulled May 1,2017 1. Vacating Petition - 1065 Jackson Street Right -of -Way City Manager recommending that a public hearing be set for May 1, 2017, on the disposition of the City's interest in Jackson Street right-of-way between 10th Street and 11th Street adjacent to SR Jackson Real Estate, LLC warehouse building, 1065 Jackson Street. RESOLUTION 145-17 of Intent to vacate and dispose of City interest in a portion of Jackson Street adjacent to City Lots 384, 385, 386, 387, and the south half of 388, said right of way being a part of City Lot 386A, in the City of Dubuque, Iowa to SR Jackson Real Estate LLC Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for May 1, 2017 pulled from the agenda. : This item was 3. 2017 Pavement Marking Project City Manager recommending the City Council grant preliminary approval of the construction plans and specifications, and establish May 1, 2017, as the date for public hearing for the 2017 Pavement Marking Project. RESOLUTION 146-17 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 May 1, 2017 8 BOARDS/COMMISSIONS Appointments were made to the following boards/commissions. 1. Civil Service Commission (Mayor Appointment) One, 3 -year term through April 6, 2020 (Expiring term of White). Applicant: Daniel White, 2919 EIm St. This commission is subject to the State of Iowa Gender Balance Law. 3 Commissioners total; currently 0 males/1 female Yays Rios Del Toro --ktyTiCri Buol Connors Resnick Jones Nays 2. Community Development Advisory Commission One, 3 -year term through February 15, 2020 (Expiring At -Large Term of James. Applicant: Lindsay James, 2494 Pearl St. Yays i1, Rios Del Toro Buol Connors Resnick Jones Nays 3. Mediacom Charitable Foundation One, 1 -year term through December 31, 2017 (Expired Term of Twining). Applicant: Constance Twining, 421 N. Booth St. Yays V Rios Del Toro EyTr Buol Connors Resnick Jones • Nays 1LidlAftdal7 )4/1 PUBLIC HEARINGS 1. Request to Rezone - Northwest Corner of Asbury Road and Evergreen Drive Proof of publication on notice of public hearing to consider approval of a request from Rick Ehrlich to rezone property located at the northwest corner of Asbury Road and Evergreen Drive from R-2 Two -Family Residential to OR Office Residential, to construct a building to accommodate a home office and the Zoning Advisory Commission recommending approval. ORDINANCE 15-17 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at the northwest corner of Asbury Road and Evergreen Drive from R-2 Two -Family Residential District to OR Office Residential District Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Rios Del Toro h Buol Connors Resnick Jones Nays Final Reading and Adopt Yays Rios Del Toro -L-ynch- Buol Connors Resnick Jones Nays 6?) 10 /) 2. Lower Bee Branch Creek Restoration Project - Floating Island Project Proof of publication on notice of public hearing to consider approval of plans, specifications, form of contract and construction estimate for the Lower Bee Branch Creek Floating Island Project in the 16th Street Detention Basin and the City Manager recommending approval. RESOLUTION 147-17 Approval of plans, specifications, form of contract and estimated cost for the Lower Bee Branch Creek Floating Island Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yays, Rios V,-) Del Toro ,L-yntir t.7 Buol Connors Resnick Jones Nays 11 3. Proposed Jule Transit Service Reductions and Changes Proof of publication on notice of public hearing to consider approval of selected reductions and changes to the Jule Transit fixed -route service and schedules and the City Manager recommending approval. Staff made a presentation. RESOLUTION 148-17 Accepting fixed -route service reductions Suggested Disposition: Receive and File; Adopt Resolution(s), Staff Presentation Yays Rios v/ Del Toro dlivFh- Buol � Connors Resnick Jones Nays 4,(4/ -11/4" "7,41 12 ./o zi,30451 97,4,4.44' 4. State Revolving Fund (SRF) Loan Environmental Review for Westside Water System Improvements Project Proof of publication on notice of public hearing 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, directing staff to submit the required documentation and the City Manager recommending approval. RESOLUTION 149-17 Approval of Environmental Review as provided by SRF's Department of Natural Resources for the Westside Water System Improvement Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Rios V' Del Toro 4Ain-ctr Buol Connors Resnick / Jones Nays P013%'1C INpvt 14 ACTION ITEMS 1. Award of Contract - Westside Water System Improvements - English Mill and North Cascade Road Water Main Extension and the English Mill Road Pump Station City Manager recommending recommends award of Contract A: English Mill and North Cascade Road Water Main Extension to the apparent low bidder Portzen Construction, and the award of Contract B English Mill Road Pump Station to the apparent low bidder Portzen Construction subject to the approval of the Department of Natural Resources State Revolving Fund Agency. RESOLUTION 150-17 Awarding public improvement contract for 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 Rios V Del Toro .-L-yrrctr , Buol vril Connors V;,, Resnick 179—Jones Nays 15 2. Code of Ordinances Amendment - Title 14 Housing Board of Appeals / City Manager recommending approval of an ordinance which adjusts a reference to the Housing Code Appeals Board following the adoption of the International Property Maintenance Code and the repeal of the former Housing Code. ORDINANCE 16-17 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article J Property Maintenance Code, Section 14-1J-3 Rental Licenses by replacing the reference to "Housing Code Appeals Board" with "Housing Board of Appeals" Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays //' Rios V Del Toro -61fneh Buol V-9 Connors /2, Resnick I/7 Jones Final Reading and Adopt Yays Nays V Rios dDel Toro 1-.yRehr Buol Connors Resnick Jones 3. Greater Downtown Urban Renewal District Amendment - Ordinance Correction City Manager recommending approval of an ordinance correcting the legal description in the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District adopted March 6, 2017. ORDINANCE 6-17A Correcting and amending Ordinance No. 6-17, Providing that general property taxes levied and collected each year on all Property Located within the Greater Downtown Urban Renewal District of 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 the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays Rios Del Toro -Lynch- 1/ Buol tri Connors Resnick 1,,,° Jones Final Reading and Adopt Yays Rios Del Toro Buol / Connors Resnick Jones 17 Nays 4. South Pointe Housing Urban Renewal Area - Ordinance Correction City Manager recommending approval of an Ordinance correcting the legal description in the Urban Renewal Plan for the South Pointe Housing Urban Renewal Area adopted March 20, 2017. ORDINANCE 11-17A Correcting and amending Ordinance No. 11-17, providing that general property taxes levied and collected each year on all property located within the South Pointe Housing Urban Renewal Area of 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 the Urban Renewal Plan for the South Pointe Housing Urban Renewal Area Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays V" - Rios Del Toro Buol Connors Resnick Jones Final Reading and Adopt Yays Nays Rios Del Toro .Lyfrett, Buol Connors Resnick / Jones 18 5. Derby Grange Road Housing Urban Renewal Area - Ordinance Correction City Manager recommending approval of an Ordinance correcting the legal description in the Urban Renewal Plan for the Derby Grange Road Housing Urban Renewal Area adopted April 3, 2017. ORDINANCE 14-17A Correcting and amending Ordinance No. 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 of 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 the Urban Renewal Plan for the Derby Grange Road Housing Urban Renewal Area Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays_ Nays Rios Del Toro Buol Connors Resnick Jones v, die477, avv/29€77 Final Reading and Adopt Yays , Nays 19 Rios Del Toro Buol Connors Resnick Jones 6. City Council Salary Compensation Review Process Initiation City Clerk submitting information for initiating the process of reviewing City Council salary compensation beginning January 1, 2018. Suggested Disposition: Receive and File; Council Yays Rios Del Toro ---L-Ynctr Buol i/', Connors V Resnick Jones Nays 7. Quarterly Sustainable Dubuque Work Session City Manager recommending the City Council schedule a Sustainable Dubuque Quarterly Work Session for Monday, May 8, 2017 at 6:00 p.m. Suggested Disposition: Receive and File; Council Yays j,/._ Rios V Del Toro Buol VI, Connors Resnick Jones Nays 21 COUNCIL MEMBER REPORTS CLOSED SESSION @ 1:6') p.m. Pending Litigation and Real Estate Transfer Negotiations - Chapter 21.5(1)(c), -(j) Code of Iowa stated for the record that the attorney who will consult with City Council on the issue to be discussed in the closed session is City Attorney Crenna Brumwell. Yays V Rios /../` Del Toro Buol z.-' Connors k Resnick Jones Nays Reconvened @ p.m. ADJOURNMENT @ p.m. Yays Nays Rios / Del Toro -Lynch Buol Connors Resnick Jones 22 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 17, 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. At 0 fRoy D. Buol, Mayor Consent Items: Pages 1-4