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12 18 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 December 18, 2017 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor 6uol; Council Members Cori` ors, Del /Rios; City Manager Van Milligen, City Attorney Brumwell A qnt: oro, Jones, Lynch, Resnick, 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. Human Slavery and Human Trafficking Prevention Month (January 2018) and Human Trafficking Awareness Day (January 11, 2018) was accepted by Sr. Mary Lechtenburg OSF and Sr. Joy Peterson PVB.`61. 1 Yays rte' e Connors Buol , Jones )% Del Toro L7 Rios Resnick 4'`i Lynch Nays CONSENT ITEMS 1. Minutes and Reports Submitted Cable TV Commission of 12/6; City Council Proceedings of 12/4; Dubuque County Emergency Management Commission of 8/1/17; Five Flags Civic Center Commission of 11/27; Human Rights Commission of 11/13; Long Range Planning Advisory Commission of 11/28; Park and Recreation Commission of 11/14; Zoning Advisory Commission of 12/6; Zoning Board of Adjustment 11/16; Proof of publication for City Council Proceedings of 11/13, 11/20, 11/27. Suggested Disposition: Receive and File 2. Notice of Claims and Suits Douglas Spyrison for property 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: Douglas Spyrison for property damage. Suggested Disposition: Receive and File; Concur 4. Awards and Recognitions for the City of Dubuque City Manager transmitting the public information brochure listing awards and recognitions for the City of Dubuque. Suggested Disposition: Receive and File 5. City Focus City Manager transmitting the Fall 2017 City Focus public information brochure. Suggested Disposition: Receive and File 6. Eagle Point Park - National Register of Historic Places City Manager transmitting correspondence from the Iowa Department of Cultural Affairs that Eagle Point Park has been listed as a Historic District in the National Register of Historic Places effective November 27, 2017. Suggested Disposition: Receive and File 2 Yays Connors Buol Jones Del Toro Rios Resnick Lynch Nays 7. Dubuque Ranked #12 on "30 Best Small Cities in the U.S." List City Manager transmitting information from the online travel source Alot Travel, ranking Dubuque #12 on its list of the "30 Best Small Cities in the U.S." Suggested Disposition: Receive and File 8. Human Rights Department Annual Report City Manager transmitting the Fiscal Year 2017 Annual Report of the Human Rights Department. Suggested Disposition: Receive and File 9. Fiscal Year 2019 Annual Tax Increment Financing (TIF) Report City Manager transmitting the Annual Tax Increment Financing Report that has been filed with Dubuque County Auditor Denise Dolan. Suggested Disposition: Receive and File 10. Baker Tilly Study - Historic Tax Credit Program is an Economic Driver for Iowa City Manager transmitting information from the Historic Tax Credit Economic Impact Study as performed by the accounting firm of Baker Tilly. Suggested Disposition: Receive and File 11. Veterans' Memorial Plaza Fund Donation City Manager recommending acceptance of the Veterans' Memorial Plaza Fund for use at veterans' memorials. RESOLUTION 384-17 Accepting a gift of funds from Veteran's Memorial Plaza For the maintenance, care, and expansion of the Chaplain Schmitt Island Veteran's Memorial Plaza and authorizing the sale of additional pavers to be used for the Chaplain Schmitt Island Veteran's Memorial Plaza or any Veteran's Memorial within the City of Dubuque. Suggested Disposition: Receive and File; Adopt Resolution(s) 12. Tree City USA Application City Manager recommending approval for the Mayor to execute the Tree City USA application for the City to become a Tree City USA. Suggested Disposition: Receive and File; Approve 3 Yays Nays Connors Buol Jones Del Toro Rios Resnick Lynch 13. Schedule of Assessments for Garbage/Junk Collection and Weed Cutting for 2017 (Health Services) City Manager recommending approval of the levy of special assessments for Weed/Junk/Garbage Enforcement Programs with the Health Services Department for properties enforced on from June 15, 2017 to October 12, 2017. RESOLUTION 385-17 Adopting the Schedule of Assessments for 2017 and Directing the City Clerk to Certify the Schedule of Assessments to the County Treasurer and to publish notice thereof Suggested Disposition: Receive and File; Adopt Resolution(s) 14. Actuarial Valuation of Post -Employment Benefit Plans City Manager recommending approval of the selection of Menard Consulting, Inc. to conduct the GASB -75 actuarial valuation for 2018 Suggested Disposition: Receive and File; Approve 15. Adopting Code Supplement No. 27 City Clerk recommending adoption of Supplement No. 27 to the City of Dubuque Code of Ordinances. RESOLUTION 386-17 Adopting Supplement No. 27 to the Code of Ordinances of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 16. Civil Service Commission - Certified Lists Civil Service Commission submitting the Certified Lists for the positions of Utility Worker and Mechanic. Suggested Disposition: Receive and File; Make Matter of Record 17. Kunkel & Associates, Inc. Contract Amendment #1 with the Iowa Economic Development Department (IEDA) City Manager recommending approval of a resolution authorizing a first amendment to a contract with the Iowa Economic Development Authority (IEDA) for High Quality Jobs Program Financial Assistance benefits on behalf of Kunkel & Associates, Inc., that extends the periods for job creation and maintenance. RESOLUTION 387-17 Approving a First Amendment to the Economic Development Financial Assistance Contract by and among Kunkel & Associates, Inc., the City of Dubuque and the Iowa Department of Economic Development Suggested Disposition: Receive and File; Adopt Resolution(s) 4 Yays Connors Buol Jones Del Toro Rios Resnick Lynch Nays 18. Iowa Department of Transportation -Local Detour Agreement for Southwest Arterial Interchange Bridge Over US Highway 20 City Manager recommending authorization for the Mayor to execute an agreement with the Iowa Department of Transportation for the use of local roads as an authorized detour route for the Southwest Arterial Overpass Interchange Bridge Over US Highway 20 Project. RESOLUTION 388-17 Approving the Iowa Department of Transportation Agreement for use of local agency roads as detours for the Southwest Arterial Overpass Bridge over US Highway 20 Suggested Disposition: Receive and File; Adopt Resolution(s) 19. Giese Manufacturing Company, Inc. - 1st Amendment to Development Agreement City Manager recommending approval of the 1st Amendment to the Giese Manufacturing Company, Inc. Development Agreement that corrects the termination date to July 1, 2019. RESOLUTION 389-17 Approving the First Amendment to the Development Agreement between the City of Dubuque, Iowa and Giese Manufacturing Company, Inc. Suggested Disposition: Receive and File; Adopt Resolution(s) 20. Grandview Avenue and Loras Boulevard Traffic Signal Reconstruction Project Acceptance City Manager recommending acceptance of the public improvement for the Grandview Avenue & Loras Boulevard Intersection Improvement Project as completed by Porten Construction, Co. RESOLUTION 390-17 Accepting the Grandview Avenue & Loras Boulevard Intersection Improvement Project and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 21. Airport Parking Lot Project 2016 Acceptance City Manager recommending acceptance of the public improvement for the Dubuque Airport Parking Lot Repair Project 2016 as completed by Tom Kueter Construction Co. RESOLUTION 391-17 Accepting the Dubuque Airport Parking Lot Repair Project 2016 and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 5 Yays Nays Connors Buol Jones Del Toro Rios Resnick Lynch 22. Asphalt Overlay Access Ramp Project Three Acceptance City Manager recommending acceptance of the construction contract for the 2017 Asphalt Overlay Access Ramp Project Three as completed by Midwest Concrete, Inc. RESOLUTION 392-17 Accepting the 2017 Asphalt Overlay Access Ramps Project Three and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 23. Asphalt Overlay Access Ramp Project Four Acceptance City Manager recommending acceptance of the construction contract for the 2017 Asphalt Overlay Access Ramp Project Four as completed by Midwest Concrete, Inc. RESOLUTION 394-17 Accepting the 2017 Asphalt Overlay Access Ramps Project Four and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 24. Lower Bee Branch Creek Floating Island Project Acceptance City Manager recommending acceptance of the construction contract for the Lower Bee Branch Creek Floating Island Project as completed by ENCAP, Inc. RESOLUTION 395-17 Accepting the Lower Bee Branch Creek Floating Island Project and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 25. Purchase of Property on Valley Street for Villa Street Drainage Improvements City Manager recommending approval to purchase real estate on Valley Street from Larry and Debra Lyons that will be used as part of the Villa Street Drainage Improvements Project. RESOLUTION 396-17 Approving the acquisition of real estate owned by Lawrence G. and Debra J. Lyon in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s) 26. Q Casino Request for Funding Projects from Depreciation and Improvement Fund City Manager recommending approval of a request from Dubuque Racing Association President Jesus M. Aviles for funding three repair projects from the Depreciation and Improvement Fund. Suggested Disposition: Receive and File; Approve 6 i Yays Nays Connors Buol Jones Del Toro Rios Resnick Lynch 27. 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 Loras College to purchase newsroom integration software. Suggested Disposition: Receive and File; Approve 28. Signed Contracts U.S. Department of Commerce - Economic Development Administration Amendment to Financial Assistance Award for the Upper Bee Branch Creek Restoration Project - Channel, Streets & Utilities Project. Suggested Disposition: Receive and File 29. Improvement Contracts / Performance, Payment and Maintenance Bonds Connolly Construction, Inc. for the Derby Grange Road Sanitary Sewer Extension Project. Suggested Disposition: Receive and File; Approve 30. Alcohol and Tobacco License Applications City Manager recommending approval of annual liquor, beer, wine and tobacco license applications as submitted. RESOLUTION 397-17 Approving applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits RESOLUTION 398-17 Approving applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa Code Chapter 453A.47A Suggested Disposition: Receive and File; Adopt Resolution(s) 7 1 ITEMS SET FOR PUBLIC HEARING 1. Master Lease Agreement with Southwestco Wireless Inc. d/b/a Verizon Wireless January 16, 2018 City Manager recommending that a public hearing be set for January 16, 2018, on a proposed Water Tower and Ground Space Lease for Verizon to expand their capacity at the 3rd Street Water Tower at 3rd and College Streets. RESOLUTION 399-17 Intent to dispose of an interest in real property owned by the City of Dubuque by lease between the City of Dubuque, Iowa and Southwestco Wireless, Inc. d/b/a Verizon Wireless Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for January 16, 2018 Yays i e.,2... Connors Buol Jones Del Toro Rios Resnick Lynch Nays 8 BOARDS/COMMISSIONS Appointments were made to the following commissions. 1. Community Development Advisory Commission One, 3 -year term through February 15, 2020 (Vacant Low- to Moderate -Income term of Bbk). Applicant: 1. Gerald Hammel Jr., 12251/2 Rhomberg Ave. (Qualifies for Low- to Moderate - Income) Yays // Connors c� Buol t Jones v< Del Toro V. Rios Resnick "-/ Lynch Nays 2. Historic Preservation Commission One, 3 -year term through July 1, 2018 (Vacant At -Large term of Terry). Applicant: 1. Kayla Morrison, 2175 Clarke Dr. (Qualifies as At -Large). This commission is subject to the State of Iowa Gender Balance Law. 9 Commissioners total; currently 6 males/2 females Yays i/ / Connors Buol V. Jones Del Toro I Rios V, Resnick vj- Lynch Nays 9 3. Housing Board of Appeals Two, 3 -year terms through January 11, 2021 (Expiring terms of Gotz and Lammer- Heindel). Applicants: 1. Mary Gotz, 1844 Bennett St.; 2. Christoffer Lammer-Heindel, 1145 Mt. Pleasant St. (Additional applicant) Yays / Connors V Buol Jones LZ Del Toro L./, Rios V Resnick /7",--)...1 Lynch Nays 10 4. Human Rights Commission Three, 3 -year terms through January 1, 2021 (Expiring terms of Allen, Davis, Borovic). Applicants: 1. Anthony Allen, Address verified within corporate city limits; 2. Nicole Borovic, 3163 Hillcrest Rd.; 3. Frederick Davis Jr., 176 Alpine St. #5; 4. Ashley Melchert, 1265 Thomas Pl. Connors Buol Jones Del Toro Rios Resnick Lynch Connors Buol Jones Del Toro Rios Resnick Lynch Ilen. ,>Oorovic"Davis Allen Borovic Davis Melchert This commission is subject to the State of Iowa Gender Balance Law. 9 Commissioners total; currently 3 males/3 females 5. Mediacom Charitable Foundation One, 1 -year term through December 31, 2018 (Expiring term of Chavenelle). Applicant: 1. Gail Chavenelle, 1155 Kelly Ln. Yays Connors Buol v' Jones V Del Toro 1/7 Rios V Resnick / Lynch Nays 11 f,/ PUBLIC HEARINGS 1. Vacation of Plat of Survey of Hurst Addition (Lots 1 & 2) Proof of publication on notice of public hearing to consider approval to vacate the Plat of 'PE'r Lot 1 and Lot 2 of Hurst Addition, comprised of Lot 31 through Lot 36 of O'Neill's Addition in the City of Dubuque, Iowa and the City Manager recommending approval. RESOLUTION 400-17 Approving the vacation of the Plat of Survey of Lot 1 and Lot 2 of Hurst Addition, in the City of Dubuque, Iowa, and Approving the use of the former Legal description, namely: Lot 31, Lot 32, Lot 33, Lot 34, Lot 35 and Lot 36 of O'Neill's Addition in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Yays / ( Connors Buol yam' Jones i/ Del Toro Rios L'' Resnick v ,Lynch Nays 12 PUEOC 13 t. ACTION ITEMS 1. Greater Dubuque Development Corporation - Quarterly Report President and CEO Rick Dickinson to present the quarterly update on the activities of the Greater Dubuque Development Corporation Suggested Disposition: Receive and File Yays _ fes- ,- Connors r." Buol Jones Del Toro t,.'" Rios , Resnick /I Lynch Nays /42), t*d/' elaZ Y *41 /254) 641) OX1-4/ -40174 (191-'13'4 46 Z) a ete4hdr) rd,,,(05z ovt 42/ - foliig iplb/077 /134 ///,C1-iW 0/4/ ew/497difi 14 2. Contracted Services Agreement Amendment with Travel Dubuque / Convention and Visitors Bureau for Sister City Activities City Manager recommending approval of an amendment to the Contracted Services Agreement with Travel Dubuque / Convention and Visitors Bureau related to transitioning Sister City activities to Travel Dubuque. RESOLUTION 401-17 Approving an Amended Agreement between the City of Dubuque, Iowa and Dubuque Area Convention and Visitors Bureau Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Connors v` Buol Jones Del Toro / Rios Resnick p/ Lynch Nays 15 4/xie 1'Hg416 I/47�%�� 6,96 3. Code of Ordinances Amendment - Title 2 Repealing Sister City Relationships Advisory Commission City Manager recommending adoption of an amendment to the City of Dubuque Code of Ordinances officially repealing the Sister City Relationships Advisory Commission contingent upon City Council approval of an amendment to the Travel Dubuque Contracted Services Agreement. ORDINANCE 46-17 Repealing Ordinance No 59-10 which established the Sister City Relationships Advisory Commission Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays, Yays Connors Buol Jones Del Toro Rios Resnick Lynch Conn Buol Jones Del Tdro Rios Res ick Lynch Nays s Final Reading and Adopt Yays Nays Connors Buol / Jones V-- Del Toro Rios Resnick Lynch 04,7 16 5 6s;g 4. Request for Work Session - Travel Dubuque / Convention and Visitors Bureau Travel Dubuque President & CEO Keith Rahe requests City Council approval to schedule the annual Travel Dubuque City budget work session for Monday, February 5, 2018 at 5:30 p.m. Suggested Disposition: Receive and File; Council Yays Vf' Connors Buol Jones Del Toro fr',/ Rios dam'` Resnick V. Lynch Nays 17 fix --)116;45b$4 a.-6) 5. Code of Ordinances Amendment - Title 8 Human Rights - Unfair and Discriminatory Practices City Manager recommending approval of an ordinance which amends City of Dubuque Code of Ordinances, Section 8-3-4: Credit, to mirror Iowa Code and include familial status as a protected class for credit discrimination purposes. ORDINANCE 47-17 Amending City of Dubuque Code of Ordinances Title 8 Human Rights, Chapter 3, Unfair and Discriminatory Practices, Section 8-3-4 Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays L. ,/_, Connors Buol j/' Jones Del Toro Rios . f . * 1 Lynch Yays Connors/ Buo\ Jone Del Toro Rio's R$snick Llynch Nays Final Reading and Adopt Connors Buol Jones Del Toro Rios Resnick Lynch e077 18 Nays (en M,7„ 6. Request for Proposal - East-West Corridor Preliminary,Desigrp/Professional Consultant Services City Manager recommending approval to initiate the Request for Proposals process to seek professional consultant services to complete the Preliminary Engineering Design and NEPA/Environmental Study Phase to advance the development of the East-West Corridor Capacity Improvements along University Avenue at the intersections at Loras Boulevard, Asbury Road, and at Pennsylvania Avenue. Suggested Disposition: Receive and File; Approve Yays Z,/ , ,. Connors Buol Jones Del Toro 1'' Rios Resnick L/ Lynch Nays a07/7 19 X33 7. AECOM Technical Services, Inc.- SW Arterial Consultant Supplemental Agreement No. 19 City Manager recommending authorization to execute a supplemental agreement with AECOM Technical Services, Inc., which approves revisions to the original scope of services to the Consultant Professional Services Contract to perform final engineering design to complete the 4 -lane construction of the Southwest Arterial Project, subject to the concurrence of the Iowa Department of Transportation. RESOLUTION 402-17 Approving the Consultant Professional Services - Supplemental Agreement No. 19 between the City of Dubuque and AECOM Technical Services, Inc. to perform final engineering design to complete the 4 -lane construction of the Southwest Arterial Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yays L,77 Connors t/' Buol Jones Del Toro Rios ✓' Resnick ,Lynch Nays 01,0 20 ( 8. Fiscal Year 2019 Budget and Fiscal Policy Guidelines City Manager recommending adoption of the Fiscal Year 2019 Budget Policy Guidelines. Suggested Disposition: Receive and File; Approve Yays, Nays / Connors Buol 1/4-. Jones ". Del Toro Rios Resnick )7 Lynch 21 cf COUNCIL MEMBER REPORTS / .014,44 CLOSED SESSION @ p.m. Pending Litigation and Real Estate Transfer Negotiations — Chapter 21.5(1)(c), -(j) Code of Iowa Yays Yays Connors Buol Jones Del Toro Rios Resnick Lynch Connors Buol Jones Del Toro Rios Resnick Lynch ADJOURNMENT @ Yays V/ Connors / Buol Jones y,/ Del Toro Rios j// Resnick Lynch Nays Nays Nays p.m. 60/2,- ar /k/A fe/l16 "04 gkzA,ih 0/41sWer/ ige al/ 11,0, 64K 106(4,4 m. )0a1/6,0i/z._ 17' 0,,,(/_s A67/4/4 M65 ,/// "A- 64/ / ' , , /a/d/L ‘70/4 22 TO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a Regular Session of the City Council to be held on Monday, December 18, 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. 7koy D. Buol, Mayor Consent Items: Pages 1-5 1