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1 3 18 City Council Proceedings Official_Regular CITY 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, 2018, in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Del Toro, Jones, Larson, Resnick, Rios (via phone), Shaw; 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 SWEARING IN 1 . Swearings-In: Mayor-Elect Roy D. Buol was sworn in by City Clerk Kevin Firnstahl. Council Members-Elect Ric W. Jones, Kate M. Larson and Brett M. Shaw; and Mayor Pro-Tem David T. Resnick were sworn in by Mayor Buol. PROCLAMATION(S) 1 . Radon Action Month (January 2018) was accepted by Brett Patterson of Patterson Comfort & Safety and Public Health Specialist Mary Rose Corrigan. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Del Toro. Jones requested Item #4 be held for sepa- rate discussion. Motion carried 7-0. 1 . Minutes and Reports Submitted: City Council Proceedings of 12/18/17; Civil Service Commission of 12/20/17; Library Board of Trustees Minutes of 10/19/17 and Council Up- date #166 of 12/21/17; Transit Advisory Board of 12/14/17; Proof of Publication for City Council Proceedings of 12/14/17. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Merlin Atkinson for property damage; Amanda Loef- felholz for vehicle damage; Molly Skoglund for vehicle damage. Upon motion the docu- ments were received, filed, and referred to the City Attorney. 1 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 As- surance Pool: Amanda Loeffelholz for vehicle damage; Molly Skoglund for vehicle dam- age. Upon motion the documents were received, filed, and concurred. 4. Teri Goodmann Appointed to National League of Cities 2018 Finance, Administra- tion & Intergovernmental Relations Committee: City Manager transmitting information from the National League of Cites (NLC) advising that Assistant City Manager Teri Good- mann has been appointed to the NLC's 2018 Finance, Administration & Intergovernmen- tal Relations (FAIR) Committee. Motion by Jones to receive and file the documents. Se- conded by Resnick. Jones congratulated Ms. Goodmann on her appointment. Motion car- ried 7-0. 5. Valentine Park Expansion Grant Award: City Manager transmitting the award letter fora $70,000 Catfish Creek Watershed State Revolving Loan Fund (SRF) request for the Valentine Park Expansion project. Upon motion the documents were received and filed. 6. Greater Downtown Urban Renewal District - Resolution Nunc Pro Tunc: City Man- ager recommending approval of a resolution correcting the map and legal description in the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Re- newal District adopted December 4, 2017. Upon motion the documents were received and filed and Resolution No. 381-17-A Nunc Pro Tunc correcting the amending a scrive- ner's error in certain legal descriptions included in the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District was adopted. RESOLUTION NO. 381-17-A NUNC PRO TUNC CORRECTING AND AMENDING A SCRIVENER'S ERROR IN CER- TAIN LEGAL DESCRIPTIONS INCLUDED IN THE AMENDED AND RESTATED UR- BAN RENEWAL PLAN FOR THE GREATER DOWNTOWN URBAN RENEWAL DIS- TRICT Whereas, by Resolution No. 381-17, adopted December 4, 2017, this Council found and determined that certain areas located within the City are eligible and should be des- ignated as an urban renewal area under Iowa law, and approved and adopted the Amended and Restated Urban Renewal Plan (the "Urban Renewal Plan" or "Plan") for the Greater Downtown Urban Renewal District (the "Urban Renewal District" or"District") described therein; and Whereas, the Urban Renewal Plan approved and adopted by Resolution No. 381 -17 included certain attachments that contained a scrivener's error in the legal description that unintentionally included the Peru Road area as a subarea (Peru Road has since become its own Urban Renewal District); and Whereas, correcting the scrivener's error does not change the parcels of land which were intended to be included in the Urban Renewal District; and Whereas, the Council has determined to adopt this resolution nunc pro tunc, correcting the scrivener's error in the legal description contained in the attachments to the Urban Renewal Plan for the Urban Renewal District. 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1 . That the findings and conclusions set forth or contained in the Urban Re- newal Plan concerning the area of the City of Dubuque, State of Iowa, described in the preamble hereof and in Resolution No. 381 -17, be and the same are hereby ratified and confirmed in all respects as the findings of this Council for the Urban Renewal District with the exception of the amended attachments as set forth below. Section 2. The legal description and maps attached to the Urban Renewal Plan ap- proved and adopted by Resolution No. 381-17 on December 4, 2017, are hereby cor- rected, nunc pro tunc, to provide as set forth in Attachments A, B-1 , B-2, and D attached hereto and hereby made a part of the Urban Renewal Plan. Section 3. The attached Attachments A, B-1 , B-2, and D shall be substituted in lieu of the original Attachments A, B-1 , B-2, and D contained in the Urban Renewal Plan. Section 4. That all other provisions of the Urban Renewal Plan not affected or other- wise revised by this resolution, as well as all resolutions previously adopted by this City Council related to the Urban Renewal Plan be and the same are hereby ratified, confirmed and approved in all respects. Passed, approved and adopted this 3rd day of January 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 7. Weaver Castle, LLC - Fourth Amendment to Development Agreement for 346-348 W. Locust Street: City Manager recommending approval of the 4th Amendment to the Development Agreement with Weaver Castle LLC for the redevelopment of the property at 346-348 West Locust Street, that extends the completion date to June 30, 2019. Upon motion the documents were received and filed and Resolution No. 1-18 Approving the Fourth Amendment to the Development Agreement between the City of Dubuque, Iowa and Weaver Castle, LLC was adopted. RESOLUTION NO. 1-18 APPROVING THE FOURTH AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND WEAVER CASTLE, LLC Whereas the City of Dubuque, Iowa (City) and Weaver Castle, LLC (Developer) en- tered into a Development Agreement dated for reference purposes the 21st day of August, 2013 for the redevelopment of the property at 346-348 West Locust Street, which Devel- opment Agreement required Developer to complete certain Minimum Improvements de- scribed therein; and Whereas the First Amendment to Development Agreement, dated the 16th day of March, 2015, extended the substantial completion date of the Minimum Improvements to December 31 , 2015; and Whereas the Second Amendment to Development Agreement, dated the 19th day of October, 2016, extended the substantial completion date of the Minimum Improvements to December 31 , 2016; and Whereas the Third Amendment to Development Agreement, dated the 19th day of De- cember, 2016 extended the substantial completion date for the Minimum Improvements to December 31 , 2017; and 3 Whereas City and Developer now desire to amend the Development Agreement as set forth in the Fourth Amendment to Development Agreement attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . The City Council hereby approves the Fourth Amendment to Development Agreement. Section 2. The Mayor is authorized and directed to sign the Fourth Amendment to Development Agreement on behalf of the City of Dubuque. Passed, approved and adopted this 3rd day of January, 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 8. Approval of Plat of Survey - Lot 175A East Dubuque Addition in the City of Dubuque (Elm and Pine Streets): City Manager recommending approval of the Plat of Survey of Lot 175A of East Dubuque Addition, that vacates a portion of the alley right-of-way be- tween Elm Street and Pine Street and between E. 17th St. and E. 18th St., as part of the Metx, LLC Renovation Project at 1690 Elm Street. Upon motion the documents were re- ceived and filed and Resolution No. 2-18 Approving the Plat of Proposed Vacated Right- of-Way of the 20-foot alley between Elm Street and Pine Street and lying north of East 17th Street and south of East 18th Street, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 2-18 APPROVING PLAT OF PROPOSED VACATED RIGHT OF WAY OF THE 20-FOOT ALLEY BETWEEN ELM STREET AND PINE STREET AND LYING NORTH OF EAST 17TH STREET AND SOUTH OF EAST 18TH STREET, 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 20, 2017 prepared by IIW, P.C., showing the vacated 20-foot Alley between Elm Street and Pine Street and lying North of East 17th Street and South of East 18th Street, 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 20, 2017 prepared by IIW, P.C., 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 directed 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, Iowa. Passed, approved and adopted this 3rd day of January 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 4 9. Grandview Avenue Street Light & Fiber Project Award: City Manager recommending that the award for the Grandview Avenue Street Light and Fiber Project award to Eastern Iowa Directional Driller, LLC be officially recorded in the minutes of the City Council. Upon motion the documents were received, filed, and made a Matter of Record. 10. Fiscal Year 2017 CIPP Sanitary Sewer Lining Project Acceptance: City Manager recommending acceptance of the public improvement construction contract for the FY2017 Sanitary Sewer Cured-in-Place Pipe (CIPP) Lining Project, as completed by Insi- tuform Technologies. Upon motion the documents were received and filed and Resolution No. 3-18 Accepting the FY17 Sanitary Sewer Cured-in-Place (CIPP) Lining Project and authorizing the payment to the contractor was adopted. RESOLUTION NO. 3-18 ACCEPTING THE FY17 SANITARY SEWER CURED-IN-PLACE PIPE (CIPP) LINING PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the FY17 Sanitary Sewer Cured-in- Place Pipe (CIPP) Lining Project (the Project) has been completed by the Contractor, Insituform Technologies (Contractor), the City Engineer has examined the work and rec- ommends that the Project be accepted; and Whereas, the final contract amount for the Project is $156,663.10; and Whereas, the Contractor has previously been paid $148,829.95, leaving a balance of $7,833.16; 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 $7,833.16 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 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE FY16 SANITARY SEWER CURED-IN-PLACE PIPE (CIPP) LINING PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the FY17 Sanitary Sewer Cured-in-Place Pipe (CIPP) Lining Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $172,329.41 . Dated this 22nd day of December 2017. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 22nd day of December 2017. /s/Kevin S. Firnstahl, City Clerk 5 11 . Grandview Avenue and Delhi Street Roundabout Intersection Improvement Project Acceptance: City Manager recommending acceptance of the public improvement for the North Grandview Avenue and Delhi Street Roundabout Intersection Improvement Project as completed by Portzen Construction. Upon motion the documents were received and filed and Resolution No. 4-18 Accepting the North Grandview Avenue & Delhi Street Roundabout Intersection Improvement Project and authorizing the payment of the con- tract amount to the contractor was adopted. RESOLUTION NO. 4-18 ACCEPTING THE NORTH GRANDVIEW AVENUE & DELHI STREET ROUNDABOUT INTERSECTION IMPROVEMENT PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the public improvement contract for the North Grandview Avenue & Delhi Street Roundabout Intersection Improvement Project (the Project) has been completed by the Portzen Construction, Inc. (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 $756,203.60; and Whereas, the Contractor has previously been paid $755,362.44, leaving a balance of $841 .16; 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 $841 .16 as provided in Iowa Code chapter 573, and to pay such re- tainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, adopted and approved this 3rd day of January 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE NORTH GRANDVIEW AVENUE & DELHI STREET ROUNDABOUT INTERSECTION IM- PROVEMENT PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the North Grandview Avenue & Delhi Street Roundabout Intersection Im- provement Project, and that said Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $869,634.14. Dated this 22nd day of December 2017. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 22nd day of December 2017. /s/Kevin S. Firnstahl, City Clerk 6 12. Alcohol License Applications: City Manager recommending approval of annual beer, liquor and wine licenses as submitted. Upon motion the documents were received and filed and Resolution No. 5-18 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 was adopted. RESOLUTION NO. 5-18 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 LIQ- UOR, 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. 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 noted permit types to the following applicants pending submission of the locally required documentation: Renewals + 1 AMC Theatres Dubuque 14 2835 NW Arterial 1 Class C Liquor (Sunday) Baymont Inn & Suites 4025 McDonald Dr. Class B Liquor (Outdoor) (Sun- day) Casey's General Store 1072 Cedar Cross Class E Liquor, Class B Wine, #3473 Rd. Class C Beer (Sunday) El Paisano Grocery Store 1543 Central Ave. Class C Beer (Sunday) Hy-Vee Club Room 400 S. Locust St. 1 Special Class C Liquor (Sunday) Magoo's Pizza 1875 University Ave. Special Class C Liquor (Outdoor) (Sunday) Mario's Italian Restaurant 1298 Main St. Class C Liquor and Lounge New Yesway # 1139 2175 Central Ave. Class E Liquor, Class B Wine, Class C Beer (Sunday) Passed, approved and adopted this 3rd day of January 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 7 ITEMS SET FOR PUBLIC HEARING Motion by Resnick to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Del Toro. Motion carried 7-0. 1 . Metx, LLC, - Vacating Petition for Alley Right-of-Way: City Manager recommending that the City Council set a public hearing for January 16, 2018 on the disposal of the property to be known as Lot 175A of East Dubuque Addition to the City of Dubuque, Iowa as part of the Metx, LLC Renovation Project at 1690 Elm Street. Upon motion the docu- ments were received and filed and Resolution No. 6-18 Resolution of Intent to Vacate and dispose of City Interest in the right-of-way of the 20-foot alley between Elm Street and Pine Street and lying north of East 17th Street and south of East 18th Street, In the City of Dubuque, Iowa to Metx, LLC was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on January 16, 2018 in the Historic Federal Building. RESOLUTION NO. 6-18 INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN THE RIGHT OF WAY OF THE 20-FOOT ALLEY BETWEEN ELM STREET AND PINE STREET AND LYING NORTH OF EAST 17TH STREET AND SOUTH OF EAST 18TH STREET, IN THE CITY OF DUBUQUE, IOWA TO METX, LLC Whereas, Metx, LLC has requested the vacating and purchase of the 20-foot Alley between Elm Street and Pine Street and lying North of East 17th Street and South of East 18th Street, in the City of Dubuque, Iowa; and Whereas, IIW, P.C. has prepared and submitted to the City Council a plat showing the proposed vacated Right of Way of 20-foot Alley between Elm Street and Pine Street and lying North of East 17th Street and South of East 18th Street, in the City of Dubuque, Iowa and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 175A of East Dubuque Addition to the City of Dubuque, 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 175A of East Dubuque Addition to the City of Dubuque, in the City of Dubuque, Iowa by sale to Metx, LLC, upon the terms and conditions of the Development Agreement be- tween the City of Dubuque, Iowa and Metx LLC dated October 12, 2017. Section 2. That a public hearing on the intent to vacate and dispose of Lot 175A of East Dubuque Addition to the City of Dubuque, in the City of Dubuque, Iowa by sale to Metx, LLC is hereby set for the 16th day of January 2018, at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa, beginning at 6:00 p.m., and the City Clerk be and is hereby authorized and directed to cause a notice 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 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 8 BOARDS/COMMISSIONS Boards and Commission Applicant Review. Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. 1 . Parks and Recreation Advisory Commission: One, 3-year term through June 30, 2018 (Vacant term of Larson). Applicants: Adam Babinat, 54 Milwaukee St.; Luke Roth, 904 Barbaralee Dr.; Daniel Rothert, 85 Freemont Ave.; Ray Werner, 2595 Greeley St. Mr. Rothert and Mr. Werner spoke in support of their respective appointments and provided brief biographies. ACTION ITEMS 1 . Mayor and City Council Appointments to Various Boards and Commissions: The City Council discussed appointments and representation on their various boards and commissions and determined changes. Resnick thanked the City Clerk's Office for com- piling the information and emphasized the value of tenure and knowledge gained from each board. He added that his schedule only allows for the boards he is already repre- senting. Shaw stated that it would be difficult for him to maintain all the noon-time meet- ings that Kevin Lynch previously attended but was interested in the Dubuque Initiatives Board and the Dubuque County Early Childhood Board. Del Toro stated that he would be willing to vacate the Operation New View Board and River Valley Initiative. Jones stated that he has difficulty making the Dubuque Main Street Board of Directors and Executive Board meetings and it should be the same representative on each for continuity. Rios expressed ability to take some boards that other Council Members can't make as long as they didn't conflict with each other. Mayor Buol asked for staff to research the requirement for the Mayor to sit on the Friends of the Mines of Spain Advisory Board, and if not, Larson would be interested attending. He added that discussion of a Council policy regarding memberships could be part of the February 27, 2018 Governance Session facilitated by Sumek Associates. He also noted that attendance is important to help the agencies maintain a quorum and con- duct business. The following changes/exchanges were determined: • Dubuque Convention and Visitors Bureau / Travel Dubuque: Del Toro will re- place Rios • Dubuque County Early Childhood Board: Del Toro will replace Shaw; • Dubuque Racing Association Board: Rios will replace Shaw (Tentative); • Operation New View Board: Shaw will replace Del Toro; • River Valley Initiative Foundation Board: Larson will replace Del Toro. Mayor Buol asked that appointments in question be discussed further at the February 5, 2018 meeting. Buol and Rios expressed an interest in the two Dubuque Main Street Boards and Larson expressed an interest in Friends of the Mines of Spain. Confirmation of a DRA representative is also needed. Motion by Resnick to receive and file the documents and confirm the changes as noted. Seconded by Jones. Motion carried 7-0. 9 COUNCIL MEMBER REPORTS Council Member Larson reported that she is excited to serve the City of Dubuque and thanked the voters who supported her and out-going Council Member Joyce Connors for her years of service. Mayor Buol wished everyone a Happy New Year on behalf of the Council and is looking forward to what can be achieved in the next four years. There being no further business, upon motion the City Council adjourned at 6:37 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk 10