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11 20 17 City Council AgendaROLL CALL ORDER FOR MEETING OF November 20, 2017 Rios, Buol, Jones, Resnick, Connors, Lynch, Del Toro CRY OF DUBUQUE, IOWA CITY COUNCIL MEETING Historic Federal Budding 350 W 6th Street November 20, 2017 Council meetings are video streamed live and archived at www cityofdubuque orgfinedia and on Dubuque's CityChannel on the Mediacom cable system at cable channel 8 and digital 117 2 REGULAR SESSION 600 PM PLEDGE OF ALLEGIANCE PROCLAMATION(S) 1 Small Business Saturday (November 25, 2017) CONSENT ITEMS The consent agenda items are considered to be routine and non -controversial and all consent items will be normally voted upon in a single motion without any separate discussion on a particular item If you wvukl like to discuss one of the Consent Items, please go to the microphone and be recognized by the Mayor and state the item you wvukl like removed from the Consent Agenda for separate discussion and consideration 1 Minutes and Reports Submtted Cable TV Commission of 11/1, City Council Proceedings of 11/6, 11/13, Hunan Rights Comm salon of 10/9, Ineest ment Oversight Advisory Commission of 10125, Library Board of Trustees of 9/27, and Council Update #164 of 10/19, Resilient Community Advisory Commission of 7/6, 7/25, 8/3, 9/7, 10/5, Zoning Advisory Commission of 11/1/17 Suggested Disposition Receive and File 2 Notice of Claims and Suits Angela Mangeno for vehicle damage and Frank Vans Evers 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 Angela Mangeno for vehicle damage and Frank Vans Evers for vehicle damage Suggested Disposition Receive and File, Concur 4v Quarterly Investment Report for September 30, 2017 City Manager transmitting the September 30, 2017 Quarterly Investment Report Suggested Disposition: Receive and File 5. Fiscal Year 2017 State of Iowa Annual Financial Report City Manager recommending approval of the official document for the City of Dubuque's Fiscal Year 2017 Annual Financial Report. Suggested Disposition: Receive and File; Approve 6. Fiscal Year 2017 Iowa Urban Renewal Annual Report City Manager recommending adoption of a resolution approving the Fiscal Year 2017 Iowa Urban Renewal Annual Report for the City of Dubuque. RESOLUTION Approving the Fiscal Year 2017 Urban Renewal Report for the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s) 7. Dubuque's Path Forward to Improved Air Quality 2017 City Manager recommending approval of the updated Path Forward to Improved Air Quality 2017 to be submitted to the Environmental Protection Agency PM Advance Program. Suggested Disposition: Receive and File; Approve 8. Four Mounds Public Information Brochure City Manager transmitting the Four Mounds 30th Anniversary public information brochure. Suggested Disposition: Receive and File 9. Sustainable Dubuque Community Grant Approval City Manager recommending approval of the Resiliency Community Advisory Commission recommendations for funding eight projects from the Sustainable Dubuque Community Grant Program. Suggested Disposition: Receive and File; Approve 10. 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 Dubuque Community School District and Loras College to purchase equipment. Suggested Disposition: Receive and File; Approve 11. REAP Grant Agreement for Eagle Point Park Environmental Restoration City Manager recommending approval of a resolution and the FY 2018 REAP Grant Agreement for Phase 2 of the Eagle Point Park Environmental Restoration Project. RESOLUTION Authorizing REAP Grant Agreement with Iowa Department of Natural Resources for Phase 2 of Eagle Point Park Environmental Restoration Management Plan Suggested Disposition: Receive and File; Adopt Resolution(s) 12. Dubuque Metropolitan Area Transit Study (DMATS) Transportation Alternatives Program (TAP) Grant Application for Bee Branch Creek Trail. City Manager recommending approval of a resolution authorizing submittal of the DMATS TAP Grant application for the Bee Branch Creek Trail — Phase 1 Project. RESOLUTION Authorizing DMATS TAP Grant application for Bee Branch Creek Trail Phase I Suggested Disposition: Receive and File; Adopt Resolution(s) 13. Notice of Intent to Request Release of Funds for Fiscal Year 2018 CDBG Funded Programs City Manager requesting the Mayor's signature as Certifying Officer on the Environmental Review Determination and Request for Release of Funds and Certification form for the Fiscal Year 2018 Community Development Block Grant (CDBG) funded programs. Suggested Disposition: Receive and File; Approve 14. U.S. EPA Brownfields Cleanup Cooperative Grant Agreement for 411 E. 15th Street Site City Manager recommending adoption of a resolution approving the terms of the Cooperative Agreement with the U.S. Environmental Protection Agency for the City to receive Brownfields Cleanup Grant funding for the cleanup of the Blum Brownfields site as part of the Bee Branch Watershed Flood Mitigation Project. RESOLUTION Approving the Brownfields Cleanup Cooperative Grant Agreement between the U.S. Environmental Protection Agency and the City of Dubuque, Iowa for the cleanup of the former Blum Scrap Yard and Recycling Facility at 411 E. 15th Street for the Bee Branch Watershed Flood Mitigation Project. Suggested Disposition: Receive and File; Adopt Resolution(s) 15. Plat of Survey - Cedar Ridge Farm Place No. 15 Zoning Advisory Commission recommending approval of the Plat of Survey for Lot L and Lot M Cedar Rdge Farm Place No. 15 as requested by Craig Geiser, I IW P.0 / Julian Nemmers. RESOLUTION Approving the Plat of Survey Lot L and Lot M Cedar Rdge Farm Place No. 15 in City of Dubuque, lowa Suggested Disposition: Receive and File; Adopt Resolution(s) 16. Grant of Easement Sanitary Sewer Utility for Marlene L. Brimeyer Property City Manager recommending acceptance of the Grant of Easement for Sanitary Sewer Utility from Marlene L. Brimeyer through the adoption of a resolution as part of the Derby Grange Sanitary Sewer Extension project. RESOLUTION Accepting a Grant of Easement for Sanitary Sewer Utility through, over and across part of Lot 1 of the Southwest Quarter of the Southwest Quarter of Section 9, Township 89 North, Range 2 East of the 5th P.M., in the County of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 17. Renewal Rate for the Voluntary Dental Plan City Manager recommending approval of the renewal rates for the Volunteer Dental Plan with Delta Dental beginning January 1, 2018 through December 31, 2018 and authorization for the City Manager to sign the Financial Exhibit. Suggested Disposition: Receive and File; Approve 18. Total Administrative Services Corporation (TASC) Administrative Services Fee for the Flexible Spending Plan City Manager recommending approval of the renewal rates from Total Administrative Services Corporation (TASC) for the City of Dubuque's flebble spending plan administrator for the period January 1, 2018 through December 31, 2018. Suggested Disposition: Receive and File; Approve 19. Alternative Services Concepts (ASC) Worker's Compensation Claims Administrative Services Agreement City Manager recommending approval of an Agreement with Alternative Services Concepts for services related to the administration of the City's Worker's Compensation Program effective October 1, 2017. Suggested Disposition: Receive and File; Approve 20. Workers' Compensation Settlement Agreements - Luke Duve City Attorney recommending approval of two Compromise Settlement Agreements regarding Workers' Compensation claims filed against the City of Dubuque by Public Works Employee Luke Duve. Suggested Disposition: Receive and File; Approve 21. Jessica West Claim Denial Appeal Senior Counsel recommending denial of an appeal of a claim against the City filed by Jessica West for vehicle damage as determined by Public Entity Risk Services' (PERS), the claim agency for the Iowa Community Assurance Pool (ICAP). Suggested Disposition: Receive and File; Concur 22. Skate Park Engineering, Design and Construction Management Services Consultant Selection City Manager recommending approval for the selection of Pillar Design Studios and to negotiate a contract for the Skate Park Engineering, Design and Construction Management Services. Suggested Disposition: Receive and File; Approve 23. KIDS in Dubuque Skate Sponsorship Opportunities City Manager transmitting the sponsorship opportunities brochure and commitment form being distributed by KIDS in Dubuque Skate. Suggested Disposition: Receive and File 24. Hwy 20 Corridor Landscape Assessment and Plan Consultant Selection City Manager recommending approval to negotiate a contract with RDG Planning and Design for the Hwy 20 Corridor Landscape Assessment and Plan. Suggested Disposition: Receive and File; Approve 25. Design Mill, Inc. Contract Amendment with the Iowa Economic Development Authority (IEDA) City Manager recommending approval of a resolution authorizing a second amendment to a contract with the Iowa Economic Development Authority for Iowa Values Funds Financial Assistance benefits on behalf of Design Mill, Inc. RESOLUTION Approving a Second Amendment to the Economic Development Final Assistance Contract by and among Design Mill, Inc., the City of Dubuque, and the Iowa Economic Development Authority Suggested Disposition: Receive and File; Adopt Resolution(s) 26. Acceptance of SRF Green Alley Project Bid Set 4 - Year 3 City Manager recommending approval of resolutions accepting the improvements, approving the Final Schedule of Assessments, establishing the final contract amount for the payment of the contract amount to Portzen Construction for the SRF Green Alley — Bid Set 4 year 3 Project. RESOLUTION Accepting the SRF Green Alley Project Bid Set 4 - Year 3 and authorizing the payment of the contract amount to the contractor. RESOLUTION Adopting the Final Assessment Schedule for the SRF Green Alley Project Bid Set 4 - Year 3 Suggested Disposition: Receive and File; Adopt Resolution(s) 27. Iowa Mississippi River Parkway Commission Annual Report 2016-2017 Iowa Mississippi River Parkway Commission transmitting its 2016-2017 Annual Report. Suggested Disposition: Receive and File 28. Improvement Contracts / Performance, Payment and Maintenance Bonds Temperley Excavating, Inc. for J.F. Kennedy Ditch Improvement Project; Utility Service Contractors, Inc. for Kerper Blvd. Fiber Project - Elm Street to 16th Street. Suggested Disposition: Receive and File; Approve 29. Alcohol License Applications City Manager recommending approval of annual beer, liquor and wine licenses as submitted. RESOLUTION 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) ITEMS SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. 1. Metx, LLC Development Agreement and Intent to Dispose of 1690 Elm Street. City Manager recommending adoption of a resolution to set a public hearing for December 4, 2017, in order to approve tax increment financing obligations and the disposition of City -owned real estate at 1690 Elm Street. RESOLUTION Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the proposed issuance of Urban Renewal Tax Increment Revenue Obligations and the disposition of City owned real estate relating to a previously approved Development Agreement with Metx, LLC, and providing for the publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for December 4, 2017 2. Steeple Square Development Agreement - 101 E. 15th Street City Manager recommending adoption of a resolution to set a public hearing for December 4, 2017 in order to approve tax increment financing obligations at 101 E. 15th Street. RESOLUTION Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the proposed issuance of Urban Renewal Tax Increment Revenue Obligations relating to a previously approved Development Agreement with SS Event Center, LLC, and providing for the publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for December 4, 2017 PUBLIC HEARINGS Citizens are invited to address the City Council regarding the following agenda items. Please come to the podium and state your name and address when the item you wish to speak to is being considered. 1. Request to Rezone 3900 Block of Inwood Avenue Changed Proof of Publication for notice of public hearing to consider a request from Brandon Merrick to rezone the 3900 block of Inwood Avenue from R-1 Single -Family Residential to R-2 Two -Family Residential Zoning District and the Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at the end of Inwood Avenue from R-1 Single -Family Residential District to R-2 Two -Family Residential District Suggested Disposition: Receive and File; Motion B; Motion A 2. Derby Grange Sanitary Sewer Extension Project Proof of publication on notice of public hearing to consider approval of plans, specifications, form of contract and estimated cost for the Derby Grange Sanitary Sewer Extension Project and the City Manager recommending approval. RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the Derby Grange Sanitary Sewer Extension Project Suggested Disposition: Receive and File; Adopt Resolution(s) PUBLIC INPUT At this time, anyone in the Council Chambers may address the City Council on the Action Items on the agenda or on matters under the control of the City Council. Citizens are asked to approach the podium and state their name and address before proceeding with their comments. Individual remarks are limited to five minutes, and the overall Public Input period is limited to 30 minutes. Under the Iowa Open Meetings Law, the City Council can take no formal action on comments given during Public Input which do not relate to Action Items on the Agenda. ACTION ITEMS These are items where discussion is held by the City Council - public comments are not allowed except as authorized by the Mayor. 1. Code of Ordinances Amendment Title 6-5-3 Exempt Noises City Manager recommending an amendment to the noise ordinance related to the noise coming from school stadiums including, but not limited to, marching bands and athletic events, and would exempt events on campuses within a sports stadium during hours already contained in the code restricting amplified music or noise consistent with the noise variance provisions of the Code. ORDINANCE Amending City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation and Environment, Chapter 5 Noises, Section 6-5-3 Exempt Noises Suggested Disposition: Receive and File; Motion B; Motion A 2. 2018 State Legislative Priorities City Manager submitting the 2018 State Legislative Priorities to be presented to legislators at the annual Legislative Dinner on December 6, 2017, at 5:30 p.m. at the Grand River Center. Suggested Disposition: Receive and File; Approve 3. Rescheduling of January 2, 2018 City Council Meeting Mayor Buol requesting that the Tuesday, January 2, 2018 City Council meeting be rescheduled to Wednesday, January 3, 2018 due to City Offices being closed for the New Year's Holiday. Suggested Disposition: Receive and File; Council COUNCIL MEMBER REPORTS CLOSED SESSION Pending Litigation and Real Estate Transfer Negotiations — Chapter 21.5(1)(c), -(j) Code of Iowa ADJOURNMENT The agenda with supporting documents may be accessed at www.cityofdubuque.org or at the City Clerk's Office, 50 W. 13th Street, during regular business hours. Changed This notice is given pursuant to Chapter 21, Code of Iowa, and applicable local regulations of the City of Dubuque, Iowa and/or governmental body holding the meeting. Any visual or hearing impaired persons needing special assistance or persons with special accessibility needs should contact the City Clerk's Office at (563) 589-4100 or TTY/TTD (563) 690- 6678.