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8 21 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 August 21, 2017 in the Historic Federal Building, 350 W. 6th Street. �,�Present: Mayor Buol; Council Membersnn Coors Del Toro Jones,L rich Resnick v ios; City Manager Vn~Milligen, City Atto - ey 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. Welcome Student Weeks (August 21 - September 5, 2017) was accepted by �t,J 2. Irish Hooley Music Festiv was accepted by 3. Boy Scouts of A>c' 1007 was accepted by b (August 26, 2017) A ni ersary eek (Septem er 1723, 2017) v X453 , ,#7,576 1 Nays Lynch Connors -°' Buol Del Toro Jones Rios Resnick CONSENT ITEMS moi` � � `..�- / ' •«! r 11 7/16 1. Minutes and Reports Submitted Cable TV Commission of 8/2; City Council Proceedings of 8/7, 8/14; Civil Service Commission of 8/3; Five Flags Civic Center Commission of 7/31; Historic Preservation Commission of 7/20; Long Range Planning Advisory Commission of 7/19; Zoning Advisory Commission of 8/2; Zoning Board of Adjustment of 7/27; Proof of Publication for City Council Proceedings of 8/1, 8/2, 8/3; Proof of Publication for List of Claims and Summary of Revenues for Month Ending 6/30. Suggested Disposition: Receive and File 2. Notice of Claims and Suits Acuity Insurance on behalf of Richard Hartig for vehicle damage, Marie Backes for vehicle damage, Catherine Behnke for property damage, Alec Lee Benson for vehicle damage, Michael Elliott for property damage, Jean Holdener for vehicle damage, Scott Morris for property damage, Nick Nadermann for property damage, Jessica West 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: Acuity Insurance on behalf of Richard Hartig for vehicle damage, Marie Backes for vehicle damage, Catherine Behnke for property damage, Alec Lee Benson for vehicle damage, Jean Holdener for vehicle damage, Scott Morris for property damage, Nick Nadermann for property damage, Jessica West for vehicle damage. Suggested Disposition: Receive and File; Concur 4. Iowa Department of Cultural Affairs Correspondence Correspondence from the Iowa Department of Cultural Affairs and the National Park Service congratulating the City of Dubuque for being a Certified Local Government and partner in the Federal Preservation program since August 26, 1985. Suggested Disposition: Receive and File 2 Yays J Lynch i Connors Buol ✓ Del Toro Jones 1 Rios Resnick Nays 5. Solid Waste Management Programs City Manager providing the public information brochure for the City's Solid Waste Management programs and additional services. Suggested Disposition: Receive and File 6. Fair Housing Testing Round 2 City Attorney submitting information gathered from Round 2 of the Fair Housing Testing. Suggested Disposition: Receive and File 7. Proceedings to Complete Action on Stormwater Utility Revenue Capital Loan Note, Series 2015B Catfish Creek Sponsorship City Manager recommending approval of the Proceedings to Complete Action on issuance of Stormwater Utility Revenue Capital Loan Notes, Series 2015B related to the Catfish Creek Sponsorship. RESOLUTION 288-17 Amending the original Resolution, approved on June 15, 2015, said Resolution Approving and Authorizing a Loan and Disbursement Agreement with the Iowa Finance Authority and Authorizing and Providing for the Issuance of Stormwater Utility Revenue Capital Loan Notes, Series 2015B, in order to provide for the funding of a sponsored project under the terms of a new Series 2015B Note to be issued in the principal amount of $30,941,000, which includes approval of a Supplemental Tax Exemption Certificate Suggested Disposition: Receive and File; Adopt Resolution(s) 8. Delinquent Garbage Collection Charges - Housing and Community Development Department City Manager recommending that the City Council adopt a resolution authorizing the City Clerk to certify garbage collection charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges RESOLUTION 289-17 Authorizing the City to collect delinquent garbage collection charges in accordance with Title 6-4-3A; Title 6-4-5A and Title 6-4-5B of the Code of Ordinances of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) go*/ 4-4 w laud/f64're��azof 697J - dddY.6 id/m- ".6 - )6 it/te-‘Wa, .,44477 Yays Lynch Connors Buol Del Toro Jones Rios Resnick Nays 9. Civil Service Commission - Certified Lists Civil Service Commission submitting the Certified List for the Fire Promotional position of Medical Officer and the Certified List for the position of Landfill Foreman. Suggested Disposition: Receive and File; Make Matter of Record 10. Mutual Aid Agreement with Jamestown Fire Department City Manager recommending City Council approval of a new Mutual Aid Agreement with Jamestown Fire Department of Kieler, Wisconsin. Suggested Disposition: Receive and File; Approve 11. Fiscal Year 2017 City Street Financing Report City Manager recommending adoption of a resolution approving the City of Dubuque's Fiscal Year 2017 City Street Financing Report. RESOLUTION 290-17 Approving the City of Dubuque Fiscal Year 2017 City Street Financing Report Suggested Disposition: Receive and File; Adopt Resolution(s) 12. Consolidated Annual Performance and Evaluation Report (CAPER) City Manager recommending approval of a resolution authorizing submission to HUD of the Consolidated Annual Performance and Evaluation Report (CAPER) for the period of July 1, 2015 through June 30, 2016. RESOLUTION 291-17 Authorizing the submission of a Consolidated Annual Performance and Evaluation Report (CAPER) for the period commencing July 1, 2015 and concluding June 30, 2016 Suggested Disposition: Receive and File; Adopt Resolution(s) 13. Preliminary Plat of Oakland Ridge Estates Zoning Advisory Commission recommending approval of the Preliminary Plat of Oakland Ridge Estates subject to waiving the street width for Luna Street, Mackenzie Ridge, Lauren Lane, Alea Lane, Marissa Court, Conner Court and Carriage Court. Suggested Disposition: Receive and File; Approve 4 Yays Lynch Connors Buol Del Toro Jones Rios Resnick Nays 14. Plat of Survey - Jelinske Place No. 2 Zoning Advisory Commission recommending approval of the Plat of Survey for Jelinske Place No. 2. 49. RESOLUTION 17 Approving the Plat of Survey of Jelinske Place No. 2 in Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 15. Plat of Survey - Marquette Hall Revitalization Project City Manager recommending approval of the Plat of Survey of Lot 34-A of Sanford Subdivision to facilitate the development of the former Sacred Heart School building by Marquette Hall, LLC at 2222 Queen Street. RESOLUTION 293-17 Approving the Plat of proposed vacated alley between Regent Street and Queen Street in Sanford Subdivision, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 16. Clean Water State Revolving Fund (SRF) Sponsorship Program - Midtown Transfer and Catfish Creek Watershed Pervious Alley Construction Project City Manager recommending authorization to submit a Clean Water State Revolving Fund Sponsorship Project application to the Iowa Department of Natural Resources to secure funding for the Midtown Transfer and Catfish Creek Watershed Pervious Alley Construction Project. RESOLUTION 294-17 Authorization to submit a Clean Water SRF Sponsorship Program application to provide funding for the Midtown Transfer and Catfish Creek Watershed Pervious Alley Construction Project Suggested Disposition: Receive and File; Adopt Resolution(s) 17. Public, Educational, and Government (PEG) Capital Grant Expenditure Request City Manager recommending approval of the Cable TV Commission's request for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities for the City of Dubuque to purchase three HD cameras, three camera batteries, protective filters and SD media cards. Suggested Disposition: Receive and File; Approve 5 Yays Nays Lynch Connors Buol Del Toro Jones Rios Resnick 18. Iowa Finance Authority - Washington Neighborhood/Housing Trust Fund Application City Manager recommending approval to commit funds from the Greater Downtown Tax Increment Financing Urban Renewal District as budgeted to be used as a match to the Housing Trust Fund Committee's application to the Iowa Finance Authority for a grant from the State Housing Trust Fund. RESOLUTION 295-17 Approving commitment of matching funds for an application to the Iowa Finance Authority (IFA) for State Housing Trust Funds Suggested Disposition: Receive and File; Adopt Resolution(s) 19. Eagle Point Park Environmental Restoration Project Funding City Manager recommending adoption of a resolution authorizing submittal of a Clean Water State Revolving Fund (SRF) Sponsorship Project application to the Iowa Department of Natural Resources to secure funding for the Eagle Point Park Environmental Restoration Project. RESOLUTION 296-17 Authorization to submit a Clean Water SRF Sponsorship Program application to provide funding for the Eagle Point Park Environmental Restoration Project Suggested Disposition: Receive and File; Adopt Resolution(s) 20. Certified Local Government Grant Application for Historic Preservation Commission Scholarships City Manager recommending Council approval to transmit the Certified Local Government grant application for scholarships to enable at least two Historic Preservation Commission members to attend the 2018 National Alliance of Preservation Commissions Forum to be held in Des Moines Iowa, on July 18-22, 2018. RESOLUTION 297-17 Authorizing CLG Grant application to State Historic Preservation Office for Scholarships for Historic Preservation Commissioners to attend National Preservation Conference Suggested Disposition: Receive and File; Adopt Resolution(s) 6 Yays Nays Lynch Connors Buol Del Toro Jones Rios Resnick 21. Resource Enhancement and Protection (REAP) Grant for Valentine Park Expansion — Notice of Use Restrictions City Manager recommending approval of a resolution agreeing to the terms of the Notice of Use Restrictions from the Iowa Department of Natural Resources for the Valentine Park Expansion — Roepsch Property. RESOLUTION 298-17 Approving the Notice of Use Restrictions related to REAP Grant Agreement #17 -R4 -ED for Valentine Park Expansion - Roepsch Property Suggested Disposition: Receive and File; Adopt Resolution(s) 22. 2017 Justice Assistance Grant (JAG) Application City Manager recommending approval to submit the 2017 Justice Assistance Grant (JAG) application. Suggested Disposition: Receive and File; Approve 23. Fiscal Year 2017 Smart Traffic Routing with Efficient and Effective Traffic Signals (STREETS) Improvements Funding City Manager recommending approval of a resolution authorizing the City of Dubuque to submit an application in partnership with the Iowa Department of Transportation and the Dubuque Metropolitan Area Transportation Study, for a Federal Highway Administration Accelerated Innovation Deployment (AID) demonstration application to assist with funding Smart Traffic Routing with Efficient and Effective Traffic Signals (STREETS) improvements. RESOLUTION 299-17 Authorizing the filing of Accelerated Innovation Deployment (Aid) Demonstration Application with Federal Highway Administration (FHWA) in partnership with Iowa Department of Transportation (IADOT) and Dubuque Metropolitan Area Transportation Study (DMATS) to assist with the funding of Smart Traffic Routing with Efficient and Effective Traffic Signals (STREETS) Improvements Suggested Disposition: Receive and File; Adopt Resolution(s) 7 Yays Nays Lynch Connors Buol Del Toro Jones Rios Resnick 24. Fiscal Year 2019 Smart Traffic Routing with Efficient and Effective Traffic Signals (STREETS) Improvements. City Manager recommending adoption of a resolution authorizing the City of Dubuque to submit an application for an Iowa Department of Transportation Traffic Safety Improvement Program (TSIP) grant application to assist with funding Smart Traffic Routing with Efficient and Effective Traffic Signals (STREETS) Improvements. RESOLUTION 300-17 Authorizing the filing of a grant application with the Iowa Department of Transportation for Traffic Safety Improvement Program funding for the City of Dubuque to assist with the funding of Smart Traffic Routing with Efficient and Effective Traffic Signals (STREETS) Improvements Suggested Disposition: Receive and File; Adopt Resolution(s) 25. Hawkeye Area Community Action Program / Continuum of Care Certification of Consistency City Manager recommending approval to provide Certification of Consistency with the Fiscal Year 2016-2020 Consolidated Plan for Hawkeye Area Community Action Program so they may submit application for Continuum of Care Funds. Suggested Disposition: Receive and File; Approve 26. Continuum of Care "SNAP" Program Renewal Application City Manager recommending approval of a one year renewal application to the U.S. Department of Housing and Urban Development for the administration of the Continuum of Care Special Needs Assistance Program (SNAP), which provides rental assistance to homeless persons with disabilities. RESOLUTION 301-17 Authorizing the Mayor to execute an application for the Continuum of Care Grant and authorizing the Director of Housing and Community Development and the City Manager to approve the application Suggested Disposition: Receive and File; Adopt Resolution(s) 8 Yays Lynch Connors Buol Del Toro Jones Rios Resnick de7 Nays POO 11,9 27. Heritage Trail Head Parking Lo'' m ovements cceptance City Manager recommending acceptance of the public improvement construction contract for the Heritage Trail Head Parking Lot Project, as completed by Temperley Excavating, Inc. RESOLUTION 302-17 Accepting the Heritage Trail Head Parking Lot Project and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 28. Twenty -Fifth Amendment to City Manager Employment Agreement Submittal of the Twenty -Fifth Amendment to City Manager Employment Agreement. Suggested Disposition: Receive and File; Approve 9.flstablishing the Compensation of the City Attorney R SOLUTION 303-17 Establishing the compensation of the City Attorney Suggested Disposition: Receive and File; Adopt Resolution(s) 30. Improvement Contracts / Performance, Payment and Maintenance Bonds Midwest Concrete, Inc. for 2017 Asphalt Overlay Ramp Project Three; Portzen Construction, Inc. for N. Grandview Ave./Loras Blvd. Intersection Improvements Project. Suggested Disposition: Receive and File; Approve 31. Signed Contracts CDB Utility Contractors Short Form Public Improvement Contracts for Windsor Avenue and 22nd Street and the Windsor Avenue and Rhomberg Avenue Intersections Signalization Projects. Suggested Disposition: Receive and File 32. Business License Refund Request by Brian Konrady for a refund of the liquor license LC0040660 for Fife's, Dubuque located at 1113 Main Street in the amount of $422.50 due to business being sold. Suggested Disposition: Receive and File; Approve 9 Yays Lynch Connors Buol Del Toro Jones Rios Resnick Nays 33. Alcohol License Renewals City Manager recommending approval of annual beer, liquor and wine licenses as submitted. RESOLUTION 304-17 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) 10 ITEMS SET FOR PUBLIC HEARING 1. Fiscal Year 2018 First Budget Amendment 2. Marquette Hall, LLC Vacating Petition for Alley Between Regent and Queen Streets Yay� Lynch Connors Buol Del Toro Jones //' 'Rios Resnick Nays September 5, 2017 1. Fiscal Year 2018 First Budget Amendment City Manager recommending that the first Fiscal Year 2018 Budget Amendment be set for public hearing for September 5, 2017. RESOLUTION 305-17 Setting the date for the public hearing on Amendment No. 1 to the Fiscal Year 2018 Budget for the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for September 5, 2017 2. Marquette Hall, LLC Vacating Petition for Alley Between Regent and Queen Streets City Manager recommending that a public hearing be set for September 5, 2017 to consider a request from Marquette Hall, LLC to vacate a 20 -foot wide alley between Regent Street and Queen Street to facilitate development of the former Sacred Heart School property at 2222 Queen Street. RESOLUTION 306-17 Resolution of Intent to vacate the alley between Regent Street and Queen Street in Sanford Subdivision, to be knows as Lot 34A of Sanford Subdivision, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for September 5, 2017 11 BOARDS/COMMISSIONS 1. Airport Commission (Review) Two, 4 -year terms through September 14, 2021 (Expiring terms of Brotherton and Even); Applicants: 1. Doug Brotherton, 2823 Hickory Hill; 2. Chris Even, 120 S. Grandview Ave.; 3. Scott Leibfried, 3211 Honeysuckle Ln.; 4. Yahaira Lugo, 1671 Avoca St. 2. Electrical Code Board (Review) One, 3 -year term through May 21, 2020 (Expired term of Pfohl). Applicant: 1. Kevin Pfohl, 1878 Hummingbird Dr. (Qualifies with Electrical Background) 3. Arts and Cultural Affairs Advisory Commission (Appointment) One, 3 -year term through June 30, 2019 (Vacant term of Bratcher — Arts Rep). Applicants: 1. Ali Levasseur, 1318 Jackson St. (Qualifies as Art Rep); 2. Amy Ressler, 1505 Fairview PI. (Qualifies as Art Rep); Additional Applicant 3. Bibi Burke, 1155 Arrowhead Dr. — (Qualifies as Art Rep) i L-,vasseur/ Ressler Lynch Connors Buol Del Toro Jones Rios Resnick Burke 12 i 9/cl 4. Building Code and Advisory Appeals Board (Appointment) One, 3 -year term through August 1, 2020 (Expiring term of Swift). Applicant: Thomas Swift, 1875 Admiral St. (Qualifies for Commercial Contractor) Yays / Lynch Connors Buol Del Toro j/• Jones V / Rios Resnick Nays 5. Historic Preservation Commission (Appointment) One, 3 -year term through July 1, 2018 (Vacant term of Terry). Applicant: Stefanie -Candace Jenaman, 250 West 6th St. (Qualifies for At -Large) Yays I,. Lynch Connors Buol Del Toro Jones Rios Resnick Nays 6. Housing Board of Appeals (Appointment) co - One, 3 -year term through January 11, 2018 (Vacant term of Schaub). Applicant: Christoffer Lammer-Heindel, 1145 Mt. Pleasant St. Yays 1,°w,/ Lynch /2m- Connors Buol Del Toro Jones Rios Resnick Nays 13 PUBLIC HEARINGS 1. Bee Branch Healthy Homes, Community Development Block Grant -National Disaster Recovery (CDBG-NDR) Housing Projects Bid Set #1 This item is being removed from the agenda at the request of the City Manager. 2. State Revolving Fund (SRF) Loan Notes for Roosevelt Water Tower Planning and Design Project Proof of publication on notice of public hearing to consider approval of suggested proceedings for the public hearing on the issuance of a not -to -exceed $475,000 State Revolving Fund (SRF) Planning & Design Loan and the City Manager recommending approval. RESOLUTION 307-17 Instituting Proceedings to take additional action for the authorization for a Loan and Disbursement Agreement and the issuance of not -to - exceed $475,000 Water Revenue Capital Loan Notes Suggested Disposition: Receive and File; Adopt Resolution(s) Lynch Connors Buol Del Toro Jones Rios Resnick Nays 3. Code of Ordinances'Amendment - Title 16 Unified Development Code - Allowable signage for, Adult Day Care Services and Licensed Child Care Facilities in Residential Districts Proof of publication on notice of public hearing to consider a request from the Cozy Corner Adult Day Care to amend Title 16 Unified Development Code Section 8 to establish allowable signage for Adult Day Care Services and licensed child care facilities in Residential Districts and the Zoning Advisory Commission recommending approval. ORDINANCE 38-17 Amending Title 16 of the City of Dubuque Unified Development Code, by amending 16-8-5.10 to permit freestanding signs for licensed adult day care services and licensed child care centers Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays V ®/ Lynch Connors Buol Ve4 Del Toro /0 Jones V Rios v" Resnick Final Reading and Adopt Nays Yay 17 Cr Lynch Connors Buol Del Toro Jones Rios Resnick /Pe deapfieWir 15 P0131-1C INPUI 16 ACTION ITEMS 1. Agreement with Timber Ridge Estates, L.L.C. City Manager recommending approval of an agreement with Timber Ridge Estates, L.L.C. for the development of residential housing within the Derby Grange Road Housing Urban Renewal Area. RESOLUTION 308-17 Approving an Agreement between the City of Dubuque, Iowa and Timber Ridge Estates, L.L.C. for the development of property in the Derby Grange Road Housing Urban Renewal Area Economic Development District Suggested Disposition: Receive and File; Adopt Resolution(s) Yays ✓` Lynch 4" Connors Buol Del Toro I/ Jones Rios Resnick Nays 17 a/4, 2. Recommendation to Name the Housing & Community Development Department Conference Room After Ann Michalski City Manager transmitting a recommendation from the Housing Advisory Commission to name the Housing and Community Development Department Conference Room after Ann Michalski. Suggested Disposition: Receive and File; Approve Yayss ynch ors B.el"T,o ,//'Jones Rios Resnick 'a IF 18 3. 2017 Asphalt Overlay Access Ramp Project Four Award City Manager recommending that the award for the 2017 Asphalt Overlay Access Ramp Project Four to Midwest Concrete, Inc., be officially recorded in the minutes of the City Council. Suggested Disposition: Receive and File; Make Matter of Record Yays , Lynch ,Connors � ,Buol '":„ Del Toro v"7, Jones 477Ri os Resnick Nays 19 4. Code of Ordinances Amendment - Title 11 Regulations on Nonfranchised Communications Systems in the Public Right -Of -Way City Manager recommending approval of a revision to the City of Dubuque Code of Ordinances Title 11 Rights -of -Way, Chapter 1 Nonfranchised Communications System. ORDINANCE 39-17 Amending City of Dubuque Code of Ordinances Title 11 Rights -of - Way, Chapter 1 Nonfranchised Communications Systems Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays ✓2, Jones Rios 1."- Resnick Nays Lynch Connors Buol Del Toro ain Final Reading and Adopt Yays 20 Lynch Connors Buol Del Toro Jones Rios Resnick Nays 5. Code of Ordinances Amendment - Title 1 Mayor and City Council Salary Compensation (Second Reading) City Clerk submitting an amendment to the City of Dubuque Code of Ordinances Title 1 adjusting City Council Member salaries effective January 1, 2018 as recommended by the Compensation Task Force and approved by City Council on July 17, 2017. ORDINANCE 40-17 Amending City of Dubuque Code of Ordinances Title 1 Administration, Chapter 6 Mayor and City Council, Section 1-6-2 Compensation Sugg ste, Disposition: Receive and File; Motion B; Motion A - nd-e Readings final Reading and dopt Yays Nays Y ,ys Nays Lynch Lyn ...Connors Cnnors Buol uol Del Toro a Tel Toro; t!/ Jones ,/°' nes Rios Rio Resnick Resnick 21 COUNCIL MEMBER REPORTS /9 CLOSED SESSION @ p.m. Pending Litigation and Reals ate Transfer Negotiations of Iowa — Chapter 21 Mayor Buol stated for the record that the attorney who will the issues to be discussed in the closed session is Yays ynch C'Q.nnorst Bu DAA( ro Jones Rios Resnick ADJOURNMENT @ Yays Lynch Connors Buol v v Del Toro .Jones Rios Resnick Naysl // Nays p.m. 22 consult with .5(1)(c), -(j) Code City Council on TO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a Regular Session of the City Council to be held on Monday, August 21, 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. ,i(9 4,1 oy D. Buol, Mayor Consent Items: Pages 1-6