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2 6 17 City Council Agenda ROLL CALL ORDER FOR MEETING OF February 6, 2017 Resnick, Brad, Jones, Connors, Rios, Del Toro, Lynch CRY OF DUBUQUE IOWA cygFtl4 CITY COUNCIL MEETING pChEr.. Hstorc Federal Building 0 .. 350W 8th Street � aF February 8 2017 r Council meetings are video shall Irve and archivetl A wrovcilyoMubuque.ogfill and on Dubuque's CilyChannel on the Radial wile system at wbk bull 8 and digital 117.2 W ORK SESSION 1. 5:30 PM - Dubuque Comertion and Visitors Bureau Staff from Ne Dubuque Convention and Vi simrs Bureau vnll conduct the annual vmrk session who the City Council. REGULAR SESSION 6:00 PM PLEDGE OF ALLEGIANCE CONSENT ITEMS The consent egentla items are considered to be routine and non-conbadrsiel and all consen[ iRms vnll be normally wtetl upon In a single nwtion wound any separate discussion an a particular Item If you vmultl like to discuss one M the Consent Inns, please W m the microphone and be recognized by the Wyor and state the item you vmultl like temmretl from the Consent Agenda for separate discussion and countermen. 1. Minutes and Reports Submitted Cable N Commission of 114, Civil Sellae M 1123, Inve4ment fddrsightHtivisary Commission of 1125, Library Board of Trustees UptleR, Plan M Service, Zanigq Board M Htljuslmentsof 1126, Prod M Publication for Cry Council Proceedings of 113 Suggested Disposition: Revive and File 2. NMiw of Claims and Suits Sharon Pteiler for personal )jury, Renard Word for vehicle tlemel Suggested Disposition: Revive and File; Rotor o City Attorney 3. Disposition of Claims Cry Attorney etivising Net the follovnN clai ms had been referred to Public Entry Risk Services of lova, the aged forte lova Communities Assurance Per Renard White for Vehicle damage, Sharon Pfeiler for Personal Injury Suggested Disposition: Revive and File; Concur A Rhomberg Avenue Bridge Article City Manager transmitting Rhomberg Avenue Bridge article from ASPIRE TM The Concrete Bridge Magazine Suggested Disposition: Receive and File; Make Matter of Record 5. City of Dubuque 2016 Year in Review Suggested Disposition: Receive and File 6. 2017 Federal Legislative Priorities City Manager recommending adoption of the 2017 Federal Legislative Priorities. Suggested Disposition: Receive and File; Approve 7. Public, Educational, and Government (PEG) Capital Grant Fund Request City Manager recommending approval of the Cable TV Commission recommendation for funding from the Public, Educational, and Government(PEG) Capital Grant for Access Equipment and Facilities. Suggested Disposition: Receive and File; Approve 8. Civil Service Commission - Certified List Civil Service Commission submitting the Certified List for the position of Bus Operator. Suggested Disposition: Receive and File; Make Matter of Record 9. Sustainable Dubuque Community Grants City Manager recommending approval of the follow ng two projects for funding from the Sustainable Dubuque Community Grant Program. Suggested Disposition: Receive and File; Approve 10. Partners for Places Grant Application City Manager recommending approval to submit a grant application in partnership with the Community Foundation of Greater Dubuque to the Partners for Places grant program. Suggested Disposition: Receive and File; Approve 11. Follow-up Source of Income Statistics Housing and Community Development Department Director Alvin Nash, Human Rights Director Kelly Larson, City Attorney Crenna Brumwell, Planning Services Manager Laura Carstens and Community Development Specialist Erica Haugen are transmitting follow-up information requested by the City Council on two statistics in the Source of Income Committee Report presented at the November 28, 2016 City Council Work Session. Suggested Disposition: Receive and File 12. Eagle Point Park Restoration Plan City Manager recommending approval and adoption of the Eagle Point Park Environmental Restoration Management Plan. Suggested Disposition: Receive and File; Approve 13. Grant of Permanent Utility Easement - SW Arterial Project Acceptance City Manager recommending acceptance of a permanent utility easement for the Southwest Arterial Project across Parcel 161 owned by Elizabeth Reuter. RESOLUTION Accepting a Grant of Permanent Utility Easements for the Southwest Arterial Project from Elizabeth Reuter Suggested Disposition: Receive and File; Adopt Resolution(s) 14. Power Coatings, LLC Settlement Agreement Senior Counsel Lindahl recommending approval of a settlement agreement of this case which is pending in the Iowa District Court for Dubuque County. Suggested Disposition: Receive and File; Approve 15. Fair Housing Testing City Attorney submitting results for the first round of Fair Housing Testing conducted the week of November 7, 2016. Suggested Disposition: Receive and File 16. City of Dubuque Housing Choice Voucher Program - Administrative Plan Amendment City Manager recommending approval of changes to the Housing Choice Voucher/Section 8 Administrative Plan. RESOLUTION Approving Amendments to the Section 8 Administrative Plan Suggested Disposition: Receive and File; Adopt Resolution(s) 17. Timber-Hyrst Estates No. 4 Subdivision Improvements Acceptance City Manager recommending acceptance of the public improvements that the developers, North Cascade Road Developers, LLC, have recently completed in Timber-Hyrst Estates No. 4, except for the storm water detention facilities and accessible sidewalk ramps and sidewalk along the east side of Creekwood Drive from Station 70+50 to North Cascade Road. RESOLUTION Accepting Public Improvements in Timber-Hyrst Estates No. 4 in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 18. Community Development Block Grant Annual Action Plan - Fiscal Year 2017 Amendment No. 1 City Manager recommending approval of the FY 2017 Annual Action Plan—Amendment 1 for the Community Development Block Grant program. RESOLUTION Approving Fiscal Year 2017 (Program Year 2016) Annual Action Plan Amendment 1 for Community Development Block Grant(CDBG) Funds Suggested Disposition: Receive and File; Adopt Resolution(s) 19. Iowa 32 Bike-Hike Trail Phase 4 - Notice of Use Restrictions City Manager recommending approval of a resolution approving the terms of the Notice of Use Restrictions for the Iowa 32 Bike/Hike Trail— Phase 4. RESOLUTION Approving the Notice of Use Restrictions related to Phase 4 of the Iowa 32 Bike-Hike Trail Suggested Disposition: Receive and File; Adopt Resolution(s) 20. IIW, P.C. for Engineering Design and Inspection Services Professional Service Agreement City Manager recommending authorization to enter into an agreement with IIW, P.C. to complete professional engineering design services associated with the English Mill Pump Station and Water Main Extension to the former Central Iowa Water Association's Vernon Water and Barrington Lakes water systems. RESOLUTION Approving Professional Engineering Design and Inspection Services Contract Between the city of Dubuque and IIW, P.C. for the English Mill Road Pump Station and Water Main Extension to Vernon Water System and Barrington Lakes Project Suggested Disposition: Receive and File; Adopt Resolution(s) 21. Home Advocate Contract Extension City Manager recommending approval of a Second Amendment to Subcontract with Visiting Nurse Association for the Healthy Homes and Childhood Lead Poisoning Prevantion Program which extends the agreement from February 1, 2017 through September 30, 2018. Suggested Disposition: Receive and File; Approve 22. Kennedy Road Right-of-Way Acquisition (Brimeyer) City Manager recommending approval of a resolution approving the agreement with Mrs. Brimeyer, accepting the Easement, and approving the Pre-Annexation Agreement. RESOLUTION Approving an Agreement by and Between the city of Dubuque, Iowa and Marlene L. Brimeyer Providing for the Annexation of Right-OF-Way Along Kennedy Road and the Intersection of Derby Grange Road, a Grant of Easement for Public Utilities for the Right-Of-Way Along Kennedy Road and the Intersection of Derby Grange Road, a Pre-Annexation Agreement for the Remainder of the Brimeyer Property; and Accepting the Grant of Easement and Approving the Pre-Annexation Suggested Disposition: Receive and File; Adopt Resolution(s) 23. Catfish Creek Interceptor Sewer Repair Project Acceptance City Manager recommending acceptance of the Catfish Creek Interceptor Sewer Repair Project, as completed by Top Grade Excavating, Inc. RESOLUTION Accepting the Catfish Creek Interceptor Sewer Repair Project and Authorizing the Payment to the Contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 24. Brunskill Road Bridge Project Acceptance City Manager recommending acceptance of the public improvement construction contract for the Brunskill Road Bridge Reconstruction Project, as completed by Taylor Construction, Inc. RESOLUTION Accepting the Brunskill Road Bridge Reconstruction Project, Iowa DOT Project No. BROS- 2100 (659)-8J-31, and Authorizing the Payment to the Contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 25. BP Pipeline Utility Relocation Reimbursement Agreement Phase I - SW Arterial Project City Manager recommending approval for the City Manager to execute a Phase 1 Design Utility Relocation Reimbursement Agreement with BP Pipelines (North America) Inc. for the relocation of a petroleum distribution pipeline impacted by the Southwest Arterial and the future East Grading Project. RESOLUTION Approving a Phase I Design Utility Relocation Reimbursement Agreement with BP Pipelines (North America) Inc. for the Relocation of a Petroleum Distribution Pipeline Associated with the East Grading Project and the Continued Development and Advancement of the Southwest Arterial Project Suggested Disposition: Receive and File; Adopt Resolution(s) 26. Business License Refunds Request of Rainbo Oil Company for a refund of the tobacco permit DBQ-052-17 and liquor license LE0002418 for Kwik Stop#68 located at 1200 Cedar Cross Rd. due to business closing. Request from Daniel Abbott for a refund of the tobacco permit DBQ-076-17 for River Rat Vapes located at 500 Bell St. due to the completion of the special event. Suggested Disposition: Receive and File; Approve 27. Alcohol and Tobacco License Applications City Manager recommending approval of annual liquor, beer, wine and tobacco licenses applications 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 RESOLUTION Approving applications for retail cigarette/tobacco sales permits, as required by Iowa Code 453A.47A 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. Community Development Block Grant - Fiscal Year 2018 Annual Action Plan City Manager recommending the City Council set a public hearing for review of the Community Development Block Grant Annual Action Plan on February 16, 2017 in conjunction with the Housing & Community Development Departments budget hearing. RESOLUTION Setting a Public Hearing on the Fiscal Year 2018 (Program Year 2017) Community Development Block Grant(CDBG) Annual Action Plan Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for 2/16/17 2. General Obligation Bonds - Series 2017ABC City Manager recommending a public hearing be set for February 20, 2017, on the proposition of selling not to exceed $21,400,000 in General Obligation Bonds, the proceeds of which will be used to pay costs for ambulance replacement, and refund previously issued general obligation bonds. RESOLUTION Fixing Date for a Meeting on the Proposition of the Issuance of not to Exceed $8,950,000 General Obligation Bonds, Series 2017A of the City of Dubuque, State of Iowa (For Essential Corporate Purposes), and Providing for Publication of Notice Thereof RESOLUTION Fixing Date for a Meeting on the Proposition of the Issuance of not to Exceed $10,250,000 General Obligation Urban Renewal Refunding Bonds, Series 2017B of the City of Dubuque, State of Iowa (for an Essential Corporate Purpose), and Providing for Publication of Notice Thereof RESOLUTION Fixing Date for a Meeting on the Proposition of the Issuance of not to Exceed $2,200,000 Taxable General Obligation Urban Renewal Refunding Bonds, Series 2017C of the City of Dubuque, State of Iowa (for an Essential Corporate Purpose), and Providing for Publication of Notice Thereof Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 2/20/17 3. Greater Downtown Urban Renewal District Amendment - Resolution of Necessity City Manager recommending approval of a Resolution of Necessity that finds that a proposed Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District is both necessary and appropriate and sets a public hearing on the plan for March 6, 2017. RESOLUTION of Necessity Finding that Certain Areas to be Included Within the Greater Downtown Urban Renewal District Meet the Definition of a Blighted Area Under the Urban Renewal Law, and that Development of said Area Is Necessary in the Interest of the Residents of the City of Dubuque, Iowa, and Setting Dates of Hearing and Consultation on a Proposed Amended and Restated Urban Renewal Plan for Said District Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for 3/6/17 BOARDS/COMMISSIONS 1. Boards and Commissions Applicant Review Housing Commission One, 3-year term through August 17, 2018 (Vacant At-Large term of Craddieth) Applicant: Shane Hoeper, 2520 North Grandvew Ave. 2. Boards and Commission Appointments Appointments to the following commissions to be made at this meeting. Community Development Advisory Commission One, 3-year term through February 15, 2020 (Expiring term of Blok) Applicant: Robert W. Blok, 2447 University Ave. Investment Oversight Advisory Commission One, 3-year term through July 1, 2018 (Vacant term of Chalmers) Applicant: Franz Becker, 1847 Finley St. Sister City Relationship Advisory Commission Four, 3-year terms through February 1, 2020 (Expiring terms of Castaneda, Felderman, Landis and Ward) Applicants: Sheila Castaneda, 1014 Dunham Dr. Robert Felderman, 241 Southgate Dr. Dick Landis, 2390 Clarke Crest Dr. Annalee Ward, 2758 Tiffany Ct. 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. Dubuque Initiatives - Release of City Loan Guarantee for Roshek Building Project Dubuque Bank& Trust Company President and CEO Doug Horstmann is informing the city of the release of the Roshek Building City of Dubuque Loan Guarantee on behalf of Dubuque Initiatives Suggested Disposition: Receive and File 2. Dubuque Initiatives - 4th Amendment to Development Agreement for Roshek Building City Manager recommending approval of an amendment to the Development Agreement between the City of Dubuque and Dubuque Initiatives for the redevelopment of the Historic Roshek Building. RESOLUTION Approving the Fourth Amendment to the Development Agreement Between the city of Dubuque, Iowa and Dubuque Initiatives Suggested Disposition: Receive and File; Adopt Resolution(s) 3. Comprehensive Annual Financial Report (CAFR) and Auditor's Communication City Manager transmitting the Fiscal Year 2016 Comprehensive Financial Report(CAFR), Auditor's Communication with Those Charged with Governance Letter, the City Finance staff responses to auditor's and findings and Eide Bailly CPA Audit Partner Brian Unsen will make a presentation. Suggested Disposition: Receive and File; Make Matter of Record 4. 2016 Iowa Mission of Mercy - Dubuque Video Presentation City Manager recommending approval to share the Iowa Mission of Mercy 2016 video of the Clinic held on September 23-24, 2016 at the Five Flags Center. There will be a video presentation related to this item. Suggested Disposition: Receive and File; Approve 5. Code of Ordinances Amendment - Title 6 Prohibited/ Exempt Noises City Manager recommending approval of amendments to Ordinance 6-5-1 Prohibited Noises by broadening the scope of prohibited noises and Ordinance 6-5-3 regarding Eyempt Noises by removing the disorderly conduct eyemption. ORDINANCE Amending City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation and Environment, Chapter 5 Noises, Section 6-5-1 Prohibited Noises by Broadening the Scope of Prohibited Noises ORDINANCE Amending City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation and Environment, Chapter 5 Noises, Section 6-5-3 Exempt Noises by Removing the Disorderly Conduct Exemption Suggested Disposition: Receive and File; Motion B; Motion A 6. Plastic Bag Reduction Strategy Follow-up City Manager recommending that a ban, tax, or fee on single-use plastic bags not be established and direction is requested regarding further staff dedication to wluntary efforts. Suggested Disposition: Receive and File; Approve 7. Presentation of FY2018 Budget Recommendation City Manager submitting the Fiscal Year 2018 Recommended Budget Transmittal Message. Suggested Disposition: Receive and File COUNCIL MEMBER REPORTS CLOSED SESSION Pending Litigation and Property Acquisition —Chapter 21.5(1)(c), -(j) Code of Iowa ADJOURNMENT