Loading...
1 3 17 City Council Proceedings Official_RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:00 p.m. on January 3, 2017 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Connors, Del Toro, Jones, Lynch, Resnick, Rios; City Manager Van Milligen, City Attorney 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 Radon Action Month (January 2017) was accepted by Robb Beltran and Bret Patterson of Patterson Comfort & Safety and Public Health Specialist Mary Rose Corrigan. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Resnick. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 12/19; Civil Service Com- mission of 12/15; Human Rights Commission of 11/14; Library Board of Trustees of 9/22, 10/27, 11/17; Proof of Publication for List of Claims and Summary of Revenues for Month Ending 11/30. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Tom Giese for property damage; Yamako Kobaia for vehicle damage; Bryon Lehnen for vehicle damage; Roling Sanitation, LLC for vehicle damage. Upon motion the documents were received, filed and referred to the City Attorney. 3. Disposition of Claims: City Attorney advising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Yamako Kobaia for vehicle damage; Bryon Lehnen for vehicle damage; Roling Sanita- tion, LLC for vehicle damage. Upon motion the documents were received, filed and con- curred. 4. Imagine Dubuque Flyer: City Manager transmitting the Imagine Dubuque public infor- mation flyer. Upon motion the documents were received and filed. 5. City of Dubuque Department Contact Sheet: City Manager transmitting the City of Dubuque public information contact sheet for City Council and City department managers. Upon motion the documents were received and filed. 1 6. QHQ Settlement Agreement: City Attorney recommending approval of a Settlement Agreement and Amendment to a Stormwater Facilities Fee Agreement between QHQ Prop- erties, LLC and the City of Dubuque. Upon motion the documents were received, filed and approved. 7. Joint Vehicle Fuel Sales Agreement with Dubuque County: City Manager recommending approval of an agreement with Dubuque County for the sale of vehicle fuel for Dubuque County Sheriff vehicles. Upon motion the documents were received and filed and Resolution No. 1-17 Authorizing a Purchase Agreement between the City of Dubuque and Dubuque County to allow Dubuque County to purchase vehicle fuel from the City of Dubuque Municipal Services Center's Vehicle Refueling Facility was adopted. RESOLUTION NO. 1-17 AUTHORIZING A PURCHASE AGREEMENT BETWEEN THE CITY OF DUBUQUE AND DUBUQUE COUNTY TO ALLOW DUBUQUE COUNTY TO PURCHASE VEHICLE FUEL FROM THE CITY OF DUBUQUE MUNICIPAL SERVICES CENTER'S VEHICLE REFUEL- ING FACILITY Whereas, the City of Dubuque and Dubuque County wish to enter into an agreement al- lowing Dubuque County to purchase vehicle fuel for its designated vehicles from the City of Dubuque's vehicle refueling facility at 925 Kerper Court; and Whereas, the cost of the fuel to Dubuque County will be $0.293 per gallon above the City of Dubuque's actual purchase cost; and Whereas, said cost shall remain fixed through June 30, 2017 and will be subject to adjust- ment by the City of Dubuque for each fiscal year of renewal thereafter. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is hereby authorized to execute the attached Purchase Agree- ment between the City of Dubuque and Dubuque County to allow Dubuque County to pur- chase vehicle fuel from the City of Dubuque Municipal Services Center's vehicle refueling fa- cility. Passed, approved and adopted this 3rd day of January, 2017. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 8. Amendment to Real Estate Contract - 2283 White Street: City Manager recommending approval to amend a real estate contract with Shawn C. and Christina M. Hanen for 2283 White Street to allow the City to perform the survey and re -platting to consolidate the two parcels into a single parcel. Upon motion the documents were received and filed and Resolu- tion No. 2-17 Intent to amend the original contract for 2283 White Street to allow the City to perform the survey and re -platting to consolidate the two parcels into a single parcel was adopted. RESOLUTION NO. 2-17 AMENDING THE ORIGINAL CONTRACT AGREEMENT FOR 2283 WHITE STREET TO ALLOW THE CITY TO PERFORM THE SURVEY AND RE -PLATTING TO CONSOLIDATE THE TWO PARCELS INTO A SINGLE PARCEL Whereas, the City of Dubuque, Iowa (City) is the owner of 2283 White Street (the Property) legally described as: The East Half of the North 1/4 of Lot 16"P" and the East Half of the South Half of Lot 18, in L.H. Langworthy's Addition, in the City of Dubuque, Iowa, according to the recorded plat thereof; and 2 Whereas City and Contract Buyers previously entered into a Real Estate Contract dated the 30th day of June, 2016 (the Real Estate Contract) recorded with Dubuque County on Au- gust 18, 2016 at File 2016-00010684); and Whereas, the parties have agreed to an amendment to the Real Estate Contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 27.2 of the original Real Estate Contract, which read, Buyer, within ninety (90) days of this Agreement, must complete a survey and replatting of the Real Estate along with Buyer's property legally described as: The Westerly half of the North 1/4 of Lot 16'P" and the Westerly half of the Southerly half of Lot 18 in L.H. Langworthy's Addition in the City of Dubuque, Iowa, according to the recorded Plat thereof Known locally as 2286 Central Avenue which consolidates the two parcels into a single parcel. Is hereby amended to read: Seller, within ninety (90) days of this Addendum, must complete a survey and lot con- solidation/replatting of the Real Estate along with Buyer's property legally described as: The Westerly half of the North 1/4 of Lot 16'P" and the Westerly half of the Southerly half of Lot 18 in L.H. Langworthy's Addition in the City of Dubuque, Iowa, according to the recorded Plat thereof Known locally as 2286 Central Avenue which consolidates the two parcels into a single parcel. Section 2. Section 27.3 of the original Real Estate Contract, which read, Buyer agrees, within one -hundred twenty (120) days of this Agreement to file a re- strictive covenant indicating the single consolidated parcel of Real Estate must remain a single family home, for twenty-one (21) years. is hereby amended to read: Buyer agrees, within thirty (30) days of the City's completion of Section 27.5, to file a restrictive covenant indicating the single consolidated parcel of Real Estate must remain a single family home, for twenty-one (21) years. Section 3. Section 27.5 is added and reads as follows: Seller, within sixty (60) days of plat preparation shall obtain plat approval from the City Council to allow a lot with double frontage. Passed, approved and adopted this 3rd day of January, 2017. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 9. Acceptance of 2016 Delmonaco Drive Drain Tile Project: City Manager recommending acceptance of the public improvement construction contract for the 2016 Delmonaco Drive Drain Tile Project, as completed by Key City Excavating, Inc. Upon motion the documents were received and filed and Resolution No. 3-17 Accepting the 2016 Delmonaco Drive Drain Tile Project and authorizing the payment to the contractor was adopted. RESOLUTION NO. 3-17 ACCEPTING THE 2016 DELMONACO DR. DRAIN TILE PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the 2016 Delmonaco Drive Drain Tile Pro- ject (the Project) has been completed by the Contractor, Key City Excavating (Contractor), the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $28,690.50; and 3 Whereas, the Contractor has previously been paid $27,255.97, leaving a balance of $1,434.52; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $1,434.52 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved and adopted this 3rd day of January, 2017. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE 2016 DELMONACO DR. DRAIN TILE PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 2016 Delmonaco Drive Drain Tile Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $30,125.02. Dated this 29th day of December, 2016. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 29th day of December, 2016. /s/Kevin S. Firnstahl, City Clerk 10. Central Iowa Water Association (CIWA) - Barrington Lakes Agreement: Assistant City Attorney Maureen Quann providing information on the Barrington Lakes water distribution system and service related to the CIWA Settlement Agreement. Upon motion the documents were received and filed. 11. Acquisition Plat and Dedication - Kerper Blvd. Right -of -Way Sanitary Sewer Repair Project: City Manager recommending approval of the Acquisition Plat of Lot 1B of Block 19 in River Front Subdivision No. 3, in the City of Dubuque, Iowa and acceptance of the dedication of said lot for right-of-way purposes. Upon motion the documents were received and filed and Resolution No. 4-17 Approving the Acquisition Plat of Lot 1B of Block 19, River Front Subdi- vision No. 3, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 4-17 APPROVING THE ACQUISITION PLAT OF LOT 1B OF BLOCK 19, RIVER FRONT SUB- DIVISION NO. 3, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, an Acquisition Plat dated December 16, 2016 prepared by the City of Dubuque Engineering De- partment describing Lot 1B of Block 19, River Front Subdivision No. 3, in the City of Dubu- que, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto; and Whereas, upon said plat appears Lot 1 B, which Giese Company, LLP, by said plat have dedicated to the public forever. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 4 Section 1. That the plat dated December 16, 2016 prepared by the City of Dubuque Engi- neering Department, relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and di- rected to execute said plat and on behalf of the City of Dubuque, Iowa. Section 2. That the dedication of Lot 1B of Block 19, River Front Subdivision No. 3, in the City of Dubuque, Iowa, for Right of Way purposes, as it appears on said Acquisition Plat, be and the same are hereby accepted. Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the Office of the Recorder, in and for Dubuque County, lo- wa. Passed, approved and adopted this 3rd day of January, 2017. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 12. Approval of Plat of Survey for Vacating a Portion of Kerper Blvd. Right -of -Way: City Manager recommending approval of the Plat of Survey of Lot 1C of Block 19 of River Front Subdivision No. 3, (Kerper Blvd. at Fengler St.) in the City of Dubuque in conjunction with a Vacating Petition with Giese Company, LLC. Upon motion the documents were received and filed and Resolution No. 5-17 Approving plat of proposed vacated right-of-way of a portion of Kerper Boulevard adjacent to Lot 1 of Block 19 of River Front Subdivision No. 3, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 5-17 APPROVING PLAT OF PROPOSED VACATED RIGHT OF WAY OF A PORTION OF KERPER BOULEVARD ADJACENT TO LOT 1 OF BLOCK 19 OF RIVER FRONT SUBDI- VISION NO. 3, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated December 16, 2016 prepared by the City of Dubuque Engineering Department, showing the vacated portion of Kerper Boulevard adjacent to Lot 1 of Block 19 of River Front Subdivision No. 3 and assigned lot numbers thereto, to be known as Lot 1C of Block 19 of River Front Subdivision No. 3, in the City of Dubuque, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated December 16, 2016 prepared by the City of Dubuque Engi- neering Department, relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and di- rected to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the Office of the Recorder in and for Dubuque County, lo- wa. Passed, approved and adopted this 3rd day of January, 2017. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 13. Stipulation of Settlement Property Tax Appeal: Senior Counsel recommending approv- al of the Stipulation of Settlement for a property tax appeal filed by Lowe's Home Centers, Inc., for property located at 4100 Dodge Street. Upon motion the documents were received, filed and approved. 5 14. National Disaster Resilience Grant - General Administrative Services Contract: City Manager recommending award of a contract to East Central Intergovernmental Association for General Administration services to operate the Bee Branch Healthy Homes Resiliency Program. Upon motion the documents were received and filed and Resolution No. 6-17 Ap- proving the Contract for 2016 CDBG National Disaster Resiliency Housing Grant Administra- tion to East Central Intergovernmental Association was adopted. RESOLUTION NO. 6-17 THE CITY OF DUBUQUE APPROVING THE CONTRACT FOR 2016 CDBG NATIONAL DISASTER RESILIENCY HOUSING GRANT ADMINISTRATION TO EAST CENTRAL IN- TERGOVERNMENTAL ASSOCIATION Whereas, the City of Dubuque, Iowa is party to the Agreement creating the East Central Intergovernmental Association (hereinafter called the ECIA) and is a member in good stand- ing; and Whereas, the City of Dubuque, Iowa wishes to engage the ECIA to provide certain tech- nical and professional services for grant administration of the City of Dubuque's 2016 Iowa Economic Development Authority Community Development Block Grant National Disaster Resiliency Grant (Contract #13-NDRH-001); and Whereas, Articles II, III (12), and VIII (2) and (3) of the Articles of Agreement of the East Central Intergovernmental Association gives the ECIA the authority to perform services under consideration. NOW, THEREFORE, BE IT RESOLVED, that the East Central Intergovernmental Associa- tion is hereby authorized to provide staff assistance as prescribed in the attached Contract for Services and Scope of Services. Passed, approved, and adopted this 3rd day of January, 2017. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 15. National Disaster Resilience Grant - Flood Damage Repair Management Contract: City Manager recommending award of a contract to East Central Intergovernmental Association for Healthy Homes Flood Damage Repair Management services to operate the Bee Branch Healthy Homes Resiliency Program. Upon motion the documents were received and filed and Resolution No. 7-17 Approving the Contract for 2016 CDBG National Disaster Resiliency Housing Grant Administration to East Central Intergovernmental Association was adopted. RESOLUTION NO. 7-17 THE CITY OF DUBUQUE APPROVING THE CONTRACT FOR 2016 CDBG NATIONAL DISASTER RESILIENCY HOUSING GRANT ADMINISTRATION TO EAST CENTRAL IN- TERGOVERNMENTAL ASSOCIATION Whereas, the City of Dubuque, Iowa is party to the Agreement creating the East Central Intergovernmental Association (hereinafter called the ECIA) and is a member in good stand- ing; and Whereas, the City of Dubuque, Iowa wishes to engage the ECIA to provide certain tech- nical and professional services for grant administration of the City of Dubuque's 2016 Iowa Economic Development Authority Community Development Block Grant National Disaster Resiliency Grant (Contract #13-NDRH-001); and Whereas, Articles II, III (12), and VIII (2) and (3) of the Articles of Agreement of the East Central Intergovernmental Association gives the ECIA the authority to perform services under consideration. 6 NOW, THEREFORE, BE IT RESOLVED, that the East Central Intergovernmental Associa- tion is hereby authorized to provide staff assistance as prescribed in the attached Contract for Services and Scope of Services. Passed, approved, and adopted this 3rd day of January, 2017. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 16. National Disaster Resilience Grant - Home Advocate Contract: City Manager recom- mending award of a contract to the Visiting Nurse Association to provide Home Advocacy services to operate the Bee Branch Healthy Homes Resiliency Program. Upon motion the documents were received and filed and Resolution No. 8-17 Approving the contract for 2016 CDBG National Disaster Resiliency Housing Grant Administration to Visiting Nurse Associa- tion was adopted. RESOLUTION NO. 8-17 THE CITY OF DUBUQUE APPROVING THE CONTRACT FOR 2016 CDBG NATIONAL DISASTER RESILIENCY HOUSING GRANT ADMINISTRATION TO VISITING NURSE AS- SOCIATION This Subcontract between the City of Dubuque, Iowa and The Visiting Nurse Association is dated for reference purposes the 3rd day of January, 2017. Whereas, the City, has entered into Contract 13-NDRH-001 with the Iowa Economic De- velopment Authority (IEDA), Community Development Block Grant National Disaster Resili- ency Grant (CDBG-NDR), a copy of which is attached hereto, for activities to improve hous- ing conditions for participating clients and property owners known locally as the Bee Branch Healthy Homes Program (BBHH Program); and Whereas, the City of Dubuque, Iowa (City) is the Contract Administrator of the Contracts; and Whereas, it is necessary for City to subcontract for certain work and services; and Whereas, City now desires to enter into this Subcontract with the Visiting Nurse Associa- tion (VNA) to provide the work and services described herein upon the terms and conditions set forth herein. NOW, THEREFORE, BE IT RESOLVED, that the Visiting Nurse Association is hereby au- thorized to provide staff assistance as prescribed in the attached Contract for Services and Scope of Services. Passed, approved, and adopted this 3rd day of January, 2017. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 17. Applewood IV, LLC - Storm Sewer Construction Agreement: City Manager recom- mending approval of an agreement whereby Applewood IV, LLC would construct a public storm sewer extension from the intersection of JFK Road and Pennsylvania Avenue to the property at 3275 Pennsylvania. Upon motion the documents were received and filed and Resolution No. 9-17 Approving a Storm Sewer Construction Agreement between the City of Dubuque, Iowa and Applewood IV, LLC was adopted. RESOLUTION NO. 9-17 APPROVING A STORM SEWER CONSTRUCTION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND APPLEWOOD IV, LLC Whereas, the City of Dubuque is party to a Storm Sewer Construction Agreement with Ap- plewood IV, LLC, whereby Applewood IV, LLC would construct a public storm sewer exten- 7 sion from the intersection of John F. Kennedy Road and Pennsylvania Avenue to the property at 3275 Pennsylvania; and Whereas, the City of Dubuque would own and maintain said storm sewer extension after the project has been completed, inspected and accepted by the City Council; and Whereas, Applewood IV, LLC, has executed the Storm Sewer Construction Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Storm Sewer Construction Agreement attached hereto is hereby approved. Section 2. The City Manager is authorized and directed to execute the Storm Sewer Con- struction Agreement on behalf of the City of Dubuque Passed, approved, and adopted this 3rd day of January, 2017. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 18. DMATS STP Grant Funding Application - Capacity and Intersection Improvements for the East-West Corridor Improvements: City Manager recommending authorization for the City of Dubuque to officially submit an application for a Dubuque Metropolitan Area Transportation Study Surface Transportation Program Grant in Fiscal Year 2021 to assist with funding prop- erty acquisition and the construction of three roundabout intersections at University-Loras, University -Asbury, and University -Pennsylvania as part of the East-West Corridor Improve- ments. Upon motion the documents were received and filed and Resolution No. 10-17 Au- thorizing the filing of a Transportation Improvement Program Grant Application with the Dubuque Metropolitan Area Transportation Study (DMATS) Surface Transportation Program (STP) to assist with the funding of intersection improvements for University Avenue "Overlap Section" between Pennsylvania and Loras Boulevard as part of the East-West Corridor Im- provements was adopted. RESOLUTION NO. 10-17 AUTHORIZING THE FILING OF A TRANSPORTATION IMPROVEMENT PROGRAM GRANT APPLICATION WITH THE DUBUQUE METROPOLITAN AREA TRANSPORTA- TION STUDY (DMATS) SURFACE TRANSPORTATION PROGRAM (STP) TO ASSIST WITH THE FUNDING OF INTERSECTION IMPROVEMENTS FOR UNIVERSITY AVENUE "OVERLAP SECTION" BETWEEN PENNSYLVANIA AND LORAS BOULEVARD AS PART OF THE EAST -WEST CORRIDOR IMPROVEMENTS Whereas, the increasing growth of traffic volumes, along with operational and safety con- cerns, in the University Avenue Overlap Section from Pennsylvania Avenue to Loras Boule- vard in the City of Dubuque could be improved by street and intersection improvements; and Whereas, the City has determined that improvements to this corridor, as recommended by the adopted East-West Corridor Study, will improve capacity and traffic flow; and Whereas, the City is requesting DMATS STP funding in the amount of $1,356,000 in FY21 to assist with property acquisition, and the construction of three roundabout intersections; and Whereas, the City has sufficient funds available to cover the local funding in the amount of $50,000 and other anticipated state grant in the amount of $450,000. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Section 1. The City hereby supports and authorizes the grant application submittal for funding through the DMATS FY18-21 Transportation Improvement Program to assist with the funding intersection improvements for University Avenue "Overlap Section" between Penn- sylvania and Loras Boulevard as part of the East-West Corridor Improvements. 8 Passed, approved and adopted this 3rd day of January, 2017. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 19. EPA Brownfields Assessment Grant Application for 2017: City Manager recommending approval of an application to the Environmental Protection Agency (EPA) for a Brownfields Assessment Grant for proposed environmental assessments in the Washington Neighbor- hood and North End areas. Upon motion the documents were received, filed and approved. 20. Fiscal Year 2018 Annual County TIF Report: City Manager providing the Annual Tax Increment Financing Report that has been filed with Dubuque County Auditor Denise Dolan. Upon motion the documents were received and filed. 21. Improvement Contracts / Performance, Payment and Maintenance Bonds: Tricon Con- struction Group for the Jule Operations and Training Center Suggested Disposition: Upon motion the documents were received, filed and approved. 22. Alcohol Compliance Civil Penalty for Alcohol License Holders — Grand Harbor Resort and Water Park: City Manager recommending approval of the Acknowledgement/Settlement Agreement for an alcohol compliance violation for Grand Harbor Resort and Water Park, 350 Bell Street. Upon motion the documents were received, filed and approved. 23. Alcohol Compliance Civil Penalty for Alcohol License Holder — Kwik Stop #848: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alco- hol compliance violation for Kwik Stop #848, 3201 Central Avenue. Upon motion the docu- ments were received, filed and approved. 24. Tobacco Compliance — Civil Penalty for Tobacco License Holder — Kwik Stop #848: City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for Kwik Stop #848, 3201 Central Avenue. Upon motion the documents were received, filed and approved. 25. Tobacco and Alcohol License Applications: City Manager recommending approval of annual liquor, beer, wine and tobacco license applications as submitted. Upon motion the documents were received and filed and Resolution No. 11-17 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 and Resolution No. 12-17 Approving applications for retail ciga- rette/tobacco sales/nicotine/vapor permits, as required by Iowa Code 453A.47A were adopt- ed. RESOLUTION NO. 11-17 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. 9 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the not- ed permit types to the following applicants pending submission of the locally required docu- mentation: Renewals Brazen Open Kitchen Bar 955 Washington St. Class C Liquor (Catering) (Out- door) Dubuque Golf & Country Club 1800 Randall PI. Class C Liquor (Outdoor) (Sunday) Hy -Vee C -Store #1 The Lounge 3270 Dodge St. Class C Beer, Class B Wine (Sun- day) 481 Locust St. Class C Liquor (Outdoor) United Automobile Workers, Local #94 Premise Transfer Rotary Club of Dubuque 1-26-17 New RMN Lounge 3450 Central Ave. From 135 W 8th St to 105 East 15th St. Class B Beer, Class B Native Wine (Sunday) Special Class C Liquor (Outdoor) (Sunday) 481 Locust St. Class C Liquor (Outdoor) (Sunday) Passed, approved and adopted this 3rd day of January, 2017 Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk RESOLUTION NO. 12-17 APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NICOTINE / VAPOR PERMITS, AS REQUIRED BY IOWA CODE 453A.47A Whereas, applications for Cigarette/Tobacco Sales have been submitted and filed with the City Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and oth- erwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the fol- lowing named applicants and locations for cigarette/tobacco sales permit: CDs 4 Change, 3305 Asbury Rd. Passed, approved and adopted this 3rd day of January, 2017. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk ITEMS SET FOR PUBLIC HEARING 1. Vacate Petition for a Portion of Kerper Blvd. Right -of -Way: City Manager recommending setting a public hearing for January 17, 2017, to approve the vacation of a portion of Kerper Boulevard right-of-way north of the intersection of Fengler Street and Kerper Boulevard adja- cent to Lot 1 of Block 19 of River Front Subdivision No. 3. Upon motion the documents were received and filed and Resolution No. 13-17 Intent to vacate and dispose of City Interest in a portion of the right-of-way of Kerper Boulevard adjacent to Lot 1 of Block 19 of River Front 10 Subdivision No. 3, to be known as Lot 1C of Block 19 of River Front Subdivision No. 3, in the City of Dubuque, Iowa by sale to Giese Company LLP was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on January 17, 2017 in the Historic Federal Building. RESOLUTION NO. 13-17 INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN A PORTION OF THE RIGHT OF WAY OF KERPER BOULEVARD ADJACENT TO LOT 1 OF BLOCK 19 OF RIVER FRONT SUBDIVISION NO. 3, TO BE KNOWN AS Lot 1C OF BLOCK 19 OF RIVER FRONT SUBDIVISION NO. 3, IN THE CITY OF DUBUQUE, IOWA BY SALE TO GIESE COMPANY LLP Whereas, Giese Company LLP has requested the vacating and purchase of the portion of the Right of Way of Kerper Boulevard adjacent to Lot 1 of Block 19 of River Front Subdivision No. 3; and Whereas, the City of Dubuque Engineering Department has prepared and submitted to the City Council a plat showing the proposed vacated Right of Way of Kerper Boulevard adjacent to Lot 1 of Block 19 of River Front Subdivision No. 3, in the City of Dubuque, Iowa and as- signed lot numbers thereto, which hereinafter shall be known and described as Lot 1C of Block 19 of River Front Subdivision No. 3, in the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to vacate and dispose of its interest in Lot 1C of Block 19 of River Front Subdivision No. 3, in the City of Dubuque, Iowa by sale to Giese Company LLP upon the terms and conditions of the Agreement between the City of Dubu- que, Iowa and Giese Company LLP attached hereto. Section 2. That a public hearing on the intent to vacate and dispose of Lot 1C of Block 19 of River Front Subdivision No. 3 by sale to Giese Company LLP is hereby set for the 17th day of January, 2017, at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa, begin- ning at 6:00 p.m., and the City Clerk be and is hereby authorized and directed to cause a no- tice of public hearing on the intent to vacate and dispose of said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this 3rd day of January, 2017. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 2. Sale of 1069 Vernon Street: City Manager recommending that a public hearing be set for January 17, 2017, to approve the sale of 1069 Vernon Street to Craig Norton. Upon mo- tion the documents were received and filed and Resolution No. 14-17 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 was adopted setting a public hearing for a meeting to com- mence at 6:00 p.m. on January 17, 2017 in the Historic Federal Building. RESOLUTION NO. 14-17 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE, SET- TING A TIME AND PLACE FOR HEARING AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) is the owner of 1069 Vernon Street and Parcel Number 1023477014 (the Properties) legally described as: Lot 38 in Leven's Addition; and Whereas, City acquired the Property for the purpose of eliminating slum and blight. The City will require demolition of the dilapidated structure by the buyer for conveyance of both the derelict property and a city owned parcel that adjoins the buyer's private residence; and 11 Whereas, City and Buyer entered into an Agreement pursuant to which City will convey the Properties to Craig D. Norton for demolition of structure at 1069 Vernon Street; and Whereas, conveying the Property to Craig D. Norton is consistent with the City's intent of elimination of slum and blight; and Whereas, City desires to hold the required public hearing and conveyance of the Property to Craig D. Norton. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa intends to dispose of its interest in the following legally described property: Lot 38 in Leven's Addition Subdivision in the City of Dubuque, Iowa, according to the United States Commissioners Map thereof. Section 2. That the City of Dubuque, Iowa, proposes to dispose of its interest in the Prop- erties to Buyer for the sum of five thousand dollars ($5000.00). Section 3. That the City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of the Property to be held on the 17th day of January, 2017 at 6:00 o'clock p.m. at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa. Passed, approved and adopted this 3rd day of January, 2017. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk BOARDS/COMMISSIONS Appointments were made to the following boards/commissions: 1. Housing Code Appeals Board — Appointment: One, 3 -year term through January 11, 2020 (Expiring term of Young) Applicant: David Young, 420 Burch St. Motion by Connors to receive and file the documents and appoint David Young to a 3 -year term through January 11, 2020. Seconded by Lynch. Motion carried 7-0. 2. Human Rights Commission — Appointment: One, 3 -year term through January 1, 2020 (Expiring term of Schiesl) Applicants: Ashley Melchert, 1257 1/2 Jackson St. (Additional Ap- plicant) and Jay Schiesl, 195 W. 17th St. Upon roll call vote, Jay Schiesl was appointed to a 3 - year term through January 1, 2020. (Melchert = Resnick; Schiesl = Connors, Del Toro, Rios, Lynch, Jones and Buol) PUBLIC INPUT Public comments were received by Chris Olson, 1090 Grove Terrace, who spoke for her mother-in-law who was unable to be present, regarding the lack of low-income housing. Lind- sey Darrouzet, 2765 Pleasant View Drive, spoke in favor of a Source of Income (SOI) ordi- nance. ACTION ITEMS 1. Grant Wood Mississippi River Region Parks 2 People Initiative: The Grant Wood Missis- sippi River Region representatives presented information on the Grant Wood Mississippi Riv- er Region Parks to People initiative, Mississippi Circuit projects and progress to date. Motion by Connors to receive and file the documents and listen to the presentation. Seconded by Lynch. Motion carried 7-0. 12 Leisure Services Manager Marie Ware and Assistant Director of Jackson County Econom- ic Alliance Nick Hockenberry provided a verbal presentation that recapped the process and resources used to develop the Parks 2 People Initiative. 2. Grand River Center Annual Report: Grand River Center Manager Mitzi Yordy presented the Grand River Center's Annual Report for 2016. Motion by Jones to receive and file the documents and listen to the presentation. Grand River Center Manager Mitzi Yordy provided a verbal presentation. Topics included the Center's purpose, 2016 guest count and local spending figures, promotional strategy and awards, annual groups comparison, actual and 2017 forecasted market segment and partnerships. 3. Eagle Point Solar - 5, LLC - Contract for Fire Station Rooftop Solar: City Manager rec- ommending approval of a Power Purchase Agreement and a Collateral Assignment Agree- ment with Eagle Point Solar for the installation of rooftop solar arrays on Fire Headquarters and Stations 2 through 5. Motion by Lynch to receive and file the documents and adopt Reso- lution No. 15-17 Approving a Solar Power Purchase Agreement and a Collateral Assignment Agreement between the City of Dubuque, Iowa and Eagle Point Solar Energy - 5, LLC an Io- wa Limited Liability Company. Seconded by Resnick. Sustainability Coordinator Cori Burbach and CEO of Eagle Point Solar Berry Shear provided a presentation on the upcoming Fire Sta- tion Rooftop Solar project. Motion carried 7-0. RESOLUTION NO. 15-17 APPROVING A SOLAR POWER PURCHASE AGREEMENT AND A COLLATERAL AS- SIGNMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND EAGLE POINT ENERGY — 5, LLC AN IOWA LIMITED LIABILITY COMPANY Whereas, the City of Dubuque, Iowa (City) is the owner of the real property legally de- scribed as follows: Fire Headquarters Address - 11 West 9th Street Legal Description - City Lot 259, Lots 1 & 2 of the Subdivisions of City Lot 260 & the South 1/2 of City Lot 261 Fire Station 2 Address - 2180 JFK Road Legal Description - Lot 1 of Hohnecker Place #2 Fire Station 3 Address - 3155 Central Avenue Legal Description - The North 15' of Lot 23, Lots 24 & 25, Lot 1-1-26, 2-1-26, & 2-26 In G.R. Wests Addition Fire Station 4 Address - 1697 University Avenue Legal Description - Lots 5 & 6 of Tschirgi & Schwind's Subdivision Fire Station 5 Address - 689 South Grandview Avenue Legal Description - Lots 15, 16, 17 & 18 In Block 5 of Grandview Park Addition; and Whereas, the City desires to grant access to Eagle Point Energy - 5, LLC to utilize certain available roof space of each fire station for the installation and operation of solar panels, and Whereas, Eagle Point Solar - 5, LLC desires to install solar electric generating systems of varying sizes on the rooftops of these stations and sell the electricity generated by each of the systems on the terms set forth in the agreement to the City, and Whereas, the City and Eagle Point Solar - 5, LLC have negotiated a Solar Power Purchase Agreement, a copy of which is attached hereto; and 13 Whereas, Eagle Point Solar - 5, LLC desires to assign all monies due and to become due under the Solar Power Purchase Agreement to BluePath Finance FC IV LLC pursuant to the Collateral Assignment Agreement attached hereto. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque approves the Solar Power Purchase Agreement with Ea- gle Point Energy — 5, LLC, and the Collateral Assignment Agreement, and the City Manager is authorized to execute the agreements on behalf of the City of Dubuque. Passed, approved and adopted this 3rd day of January, 2017. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 4. Code of Ordinances Amendment - Title 2 Resilient Community Advisory Commission: City Manager recommending approval of an amendment to the Code of Ordinances related to the Resilient Community Advisory Commission to provide for the staggering of member terms for the initial appointments and future recruitment. Motion by Jones to receive and file the documents and that the requirement that a pro- posed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Connors. Motion carried 7-0. Motion by Jones to consider the first reading of the proposed Ordinance No. 1-17 Amend- ing City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 6 Resili- ent Community Advisory Commission, Section 2-6-7 Terms by setting the initial terms and terms for the members of the Commission. Seconded by Connors. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 1-17 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND COM- MISSIONS, CHAPTER 6 RESILIENT COMMUNITY ADVISORY COMMISSION, SECTION 2-6-7 TERMS BY SETTING THE INITIAL TERMS AND TERMS FOR THE MEMBERS OF THE COMMISSION Whereas, the Resilient Community Advisory Commission has nine (9) members who serve three (3) year terms; and Whereas, all terms currently have terms which expire July 1, 2019; and Whereas, the City Clerk recommends that no more than three (3) members' terms expire each year. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 2-6-7 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 2-6-7: TERMS: The initial terms shall be as follows: A. Two (2) at -large members appointed until July 1, 2018. B. Two (2) at -large members appointed until July 1, 2019. C. Two (2) at -large members appointed until July 1, 2020. D. Three (3) cross representative members appointed until the expiration of their terms on the cross represented board or commission. Following the initial terms, the term of office for commissioners is three (3) years or until such commissioner's successor is appointed and qualified. The terms of the cross represent- atives appointed from the Arts & Culture Advisory Commission, Catfish Creek Watershed Management Authority, Community Development Advisory Commission, Historic Preserve - 14 tion Commission, Housing Commission, Human Rights Commission, Long Range Planning Advisory Commission, Parks & Recreation Advisory Commission, Transit Advisory Commis- sion, and/or Zoning Advisory Commission must coincide with their terms on the Resilient Community Advisory Commission. Section 2. This Ordinance shall take effect on publication. Passed, approved and adopted the 3rd day of January, 2017. /s/Roy D. Buol, Mayor Attest: /s/Trish L. Gleason, Assistant City Clerk Published officially in the Telegraph Herald newspaper on the 6th day of January, 2017. /s/Trish L. Gleason, Assistant City Clerk 5. Resilient Community Advisory Commission Appointments: Appointments for member- ship on the Resilient Community Advisory Commission concurrent with ordinance establish- ing terms for cross -representatives and the initial terms for at -large members. Cross -representative Applicants: Dean Boles, 1715 Geraldine Dr.; Steven Drahozal, 683 W. 11th St.; Nicholas Huff, 3075 Olde Country Ct.; Robin Kennicker, 2929 Elm St.; Carrie Lohmann, 1879 Denver Dr.; Kate Parks, 486 Clarke Dr.; Laura Roussell, 3224 Bittersweet; Rich Russell, 2045 Embassy West Dr. Upon roll call vote, Steven Drahozal (4), Robin Kennicker (4), and Laura Roussell (4) were appointed as cross representatives until the expiration of their terms on the cross represented board or commission; Dean Boles = Rios, Lynch; Steven Drahozal = Rios, Resnick, Jones, Buol; Nicholas Huff = Connors; Robin Kennicker = Del Toro, Resnick, Jones, Buol; Carrie Lohmann = Connors, Del Toro; Kate Parks = Rios, Lynch; Laura Roussell = Connors, Res- nick, Lynch, Jones, Buol; Rich Russell = Del Toro. At -Large Applicants: Sara Booth, 2015 Chaney Rd.; Benjamin Darr, 419 Winona St.; Dean Boles, 1715 Geraldine Dr.; Stephanie Grutz, 6176 Centura Ct.; Nicholas Huff, 3075 Olde Country Ct.; Carrie Lohmann, 1879 Denver Dr.; Jared McGovern, 755 Chestnut St.; Mike Muench, 2805 Jackson St.; Kate Parks, 486 Clarke Dr.; Sergio Perez, 1325 Cox St.; Rich Russell, 2045 Embassy West Dr.; Paul Schultz, 1008 Victoria St.; Leah Specht, 3248 Bitter- sweet Ln. Roll call votes were taken to narrow the pool of applicants to six: Dean Boles (5), Sara Booth (4), Benjamin Darr (5), Stephanie Grutz (6), Carrie Lohmann (4) and Leah Specht (5). Motion by Lynch to appoint Sara Booth and Benjamin Darr each to a 3 -year term through July 1, 2018; Carrie Lohmann and Leah Specht each to a 3 -year term through July 1, 2019; Dean Boles and Stephanie Grutz each to a 3 -year term through July 1, 2020. Seconded by Res- nick. Motion carried 7-0. 6. DMATS STP Grant Funding Application - University Avenue and Grandview Avenue In- tersection Improvements: City Manager recommending authorization to officially submit an application for a Dubuque Metropolitan Area Transportation Study (DMATS) Surface Trans- portation Program (STP) Grant in Fiscal Year 2018 to assist with the construction costs for the construction of a single -lane roundabout at the intersection of University Avenue and Grandview Avenue. Motion by Connors to receive and file the documents and adopt Resolu- tion No. 16-17 Authorizing the filing of a Transportation Improvement Program Grant Applica- tion with the Dubuque Metropolitan Area Transportation Study (DMATS) Surface Transporta- tion Block Grant (STBG) to assist with the funding of intersection improvements for University Avenue and Grandview Avenue as part of the East-West Corridor Improvements. Seconded by Jones. Motion carried 7-0. 15 RESOLUTION NO. 16-17 AUTHORIZING THE FILING OF A TRANSPORTATION IMPROVEMENT PROGRAM GRANT APPLICATION WITH THE DUBUQUE METROPOLITAN AREA TRANSPORTA- TION STUDY (DMATS) SURFACE TRANSPORTATION BLOCK GRANT (STBG) TO AS- SIST WITH THE FUNDING OF INTERSECTION IMPROVEMENTS FOR UNIVERSITY AV- ENUE AND GRANDVIEW AVENUE AS PART OF THE EAST -WEST CORRIDOR IM- PROVEMENTS Whereas, the increasing growth of traffic volumes, along with operational and safety con- cerns, in the University Avenue Corridor from Pennsylvania Avenue to North Grandview Ave- nue in the City of Dubuque could be improved by street and intersection improvements; and Whereas, the City has determined that improvements to this corridor, as recommended by the adopted East-West Corridor Study, will improve capacity and traffic flow; and Whereas, the City is requesting DMATS STBG funding in the amount of $200,000 in FY18 to assist with the construction of a roundabout intersection; and Whereas, the City has sufficient funds available to cover the local funding in the amount of a state grant of $500,000 and other anticipated state grants in the amount of $264,842. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Section 1. The City hereby supports and authorizes the grant application submittal for funding through the DMATS FY18 Transportation Improvement Program to assist with the funding intersection improvements for University Avenue "Overlap Section" between Penn- sylvania and Loras Boulevard as part of the East-West Corridor Improvements. Passed, approved and adopted this 3rd day of January, 2017. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 7. Fiscal Year 2018 Budget and Fiscal Policy Guidelines: City Manager recommending adoption of the Fiscal Year 2018 Budget Policy Guidelines. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Lynch. Motion carried 7- 0. 8. Mayor and City Council Appointments to Various Boards and Commissions: Review of Mayor and City Council appointments to various boards and commissions for 2017 and Cor- respondence from Operation: New View Community Action Agency requesting the City Council's 2017 representatives (currently Council Member Rios and Resnick). Motion by Connors to receive and file and approve the appointments as follows: Del Toro will replace Connors on the Greater Dubuque Development Corporation (GDDC) Board, Del Toro will re- place Rios on the Operation: New View Community Action Agency and Lynch will replace Rios on the Dubuque County Early Childhood Board. All other appointments will stand. Se- conded by Jones. Motion carried 7-0. COUNCIL MEMBER REPORTS Mayor Buol wished everyone a happy New Year. Council Member Jones invited everyone to attend the opening ceremony for the Special Olympic Winter Games Monday, Januarygth at 6:00 p.m. behind the Grand River Center, 500 Bell Street. There being no further business, upon motion the City Council adjourned at 7:44 p.m. /s/Trish L. Gleason, CMC, Assistant City Clerk 16