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7 16 18 City Council AgendaROLL CALL ORDER FOR MEETING OF July 16, 2018 Rios, Buol, Shaw, Resnick, Larson, De Toro, Jones CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING Historic Federal Building 350 W. 6th Street July 16, 2018 Council meetings are video streamed live and archived at www.cityofdubuque.org/media and on Dubuque's CityChannel on the Mediacom cable system at cable channel 8 and digital 117.2 REGULAR SESSION 6:00 PM PLEDGE OF ALLEGIANCE PRESENTATION(S) 1.Iowa Department of Transportation Transit Manager of the Year Award Transportation Services Manager Candace Eudaley-Loebach to be presented with the “Transit Manager of the Year” from the Iowa Public Transit Association and the Iowa DOT. PROCLAMATION(S) 1.Abraham Lincoln Day (July 17, 2018) 2.Dubuque County Fair Week (July 24-29, 2018) 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 would like to discuss one of the Consent Items, please go to the microphone and be recognized by the Mayor and state the item you would like removed from the Consent Agenda for separate discussion and consideration. 1.Minutes and Reports Submitted Cable TV Commission of 7/11; City Council Proceedings of 7/2, 7/9; Five Flags Civic Center Commission of 6/25, Housing Commission of 6/26; Library Board of Trustees Council Update #172 or 6/28/18; Zoning Advisory Commission of 7/5; Zoning Board of Adjustment of 6/28; Proof of Publication for City Council Proceedings of 6/18, 6/25. Suggested Disposition: Receive and File Pg. 1 2.Notice of Claims and Suits Kimberly Erickson for vehicle damage, Robert Johnsen for vehicle damage, Anthony King for vehicle damage, Justin Mills for vehicle damage, Jane Marie Walsh 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: Kimberly Erickson for vehicle damage, Robert Johnsen for vehicle damage, Anthony King for vehicle damage, Justin Mills for vehicle damage, Jane Marie Walsh for vehicle damage. Suggested Disposition: Receive and File; Concur 4.Approval of City Expenditures City Manager recommending Council approval for payment of City expenditures. Suggested Disposition: Receive and File; Approve 5.Rock Farm Holdings, Inc. Contract Amendment with Iowa Economic Development Authority (IEDA) City Manager recommending approval of an amendment to a Contract among the Iowa Economic Development Authority, Rockfarm Holdings, Inc. and the City of Dubuque for financial benefits for Rockfarm Holdings, Inc. RESOLUTION Approving an Amendment to the Economic Development Financial Assistance Contract by and among Rockfarm Holdings, Inc., the City of Dubuque, and the Iowa Economic Development Authority Suggested Disposition: Receive and File; Adopt Resolution(s) 6.Continuum of Care (CoC) Special Needs Assistance Program (SNAP) City Manager recommending authorization of a one-year renewal application to the U.S. Department of Housing & Urban Development (HUD) for the administration of the Continuum of Care Special Needs Assistance Program, which provides rental assistance to homeless persons with disabilities. RESOLUTION 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; Approve 7.Contracted Service Agreement with America's River Corporation for Fiscal Year 2019 City Manager recommending execution of the Fiscal Year 2019 Contracted Service Agreement with America’s River Corporation. Suggested Disposition: Receive and File; Approve 8.Creek Wood Park - Timber-Hyrst Estates Covenant Variance City Manager transmitting a covenant variance for the second lot received from North Cascade Developers, LLC for Creek Wood Park in Timber-Hyrst Estates. Suggested Disposition: Receive and File 9.Washington Park Gazebo Painting Project Award Pg. 2 City Manager recommending that the award for the Washington Park Gazebo Painting Project to Colonial Painting and Decorating be officially recorded in the minutes of the City Council. Suggested Disposition: Receive and File; Make Matter of Record 10.Final Plat for Jule Place Zoning Advisory Commission recommending approval of the Final Plat for Jule Place. RESOLUTION Approving the Final Plat of Jule Place in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 11.Pre-Annexation Agreement - Donald and Carol March City Manager recommending approval of a Pre-Annexation Agreement with Donald J. and Carol S. March, for property located at 14483 North Cascade Road, in conjunction with their request to connect to City water. RESOLUTION Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and Donald J. and Carol S. March 12.Fiscal Year 2019 Workers Compensation Excess Insurance Renewal City Manager recommending approval of the workers compensation excess insurance renewal rate submitted by Safety National, our current carrier, effective July 1, 2018 through June 30, 2019. Suggested Disposition: Receive and File; Approve 13.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 to purchase equipment for the Dubuque Regional Airport and the Cable TV Control Room in the City Hall Annex. Suggested Disposition: Receive and File; Approve 14.Monthly Rental Assistance Payment Approval City Manager recommending approval of the Consolidated Annual Contributions Contract and approval of all monthly rental assistance payments to participating landlords not to exceed the agreement threshold for spending. RESOLUTION Approval of certain Housing Department Construction Contracts to allow for timely payment to vendors Suggested Disposition: Receive and File; Adopt Resolution(s) 15.Grant Application for Lead and Healthy Homes Submission City Manager recommending approval of an application to the U.S. Department of Housing and Urban Development (HUD) for continuation of the Lead-Based Paint Hazard Reduction Program. RESOLUTION Authorizing the Mayor to execute and application for HUD Lead Paint Hazard Control and Healthy Homes Program Grant Suggested Disposition: Receive and File; Adopt Resolution(s) 16.Downtown Rehabilitation and Housing Grant Programs Pg. 3 City Manager recommending approval of six Downtown Rehabilitation and Housing Grant Awards for the 2nd Quarter of 2018. RESOLUTION Approving Grant Agreements by and between the City of Dubuque, Iowa and TBill’s Properties, LLC; Melissa Hammerand; Janice Esser; Westward Capital Management, LLC; Lakeside Investments, LLC; and Brian Lammers, providing for Downtown Rehabilitation Grants for the redevelopment of certain properties in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s) 17.National Recreation and Park Association Grant Application for Comiskey Park City Manager recommending authorization to apply for a grant from the 2018 Great Urban Parks Campaign sponsored by the National Recreation and Park Association for implementation of the Comiskey Park Development Project. RESOLUTION Authorizing Grant Application to National Recreation and Park Association for Comiskey Park Development Suggested Disposition: Receive and File; Adopt Resolution(s) 18.City Manager Employment Agreement City Manager's employment agreement submitted for Council approval. RESOLUTION Establishing the Compensation of the City Manager. Suggested Disposition: Receive and File; Adopt Resolution(s) 19.City Assessor's Office - Notification of Property Tax Appeals Correspondence from City Assessor Rick Engelken advising the City of two property tax appeals before the Iowa Property Assessment Board. Suggested Disposition: Receive and File 20.Proposed Amendment to Master Co-location and Shared Services Agreement with CS Technologies City Manager recommending approval of an amendment to the Master Co-Location and Shared Services Agreement between the City of Dubuque and CS Technologies that would provide broadband capacity and support for a new development in the Historic Millwork District. Suggested Disposition: Receive and File; Approve 21.Improvement Contracts / Performance, Payment and Maintenance Bonds Colonial Painting & Decorating for the Washington Park Gazebo Painting Project; Drew Cook & Sons Excavating Co., Inc. for the John F. Kennedy Rd. Concrete Panel Replacement Project and the Dubuque Skate Park; Game Time/Cunningham Recreation for the Creek Wood Park Playground. Suggested Disposition: Receive and File; Approve 22.Signed Contract(s) Agreement with Kim Herrig for cleaning, housekeeping, and/or janitorial services at City offices at 300 Main Street; Revocable License for River City Church Signage; Michael Beck for a bench at 1166 Main St.; LPIKON Properties, LLC for ADA access at 123 Main St. Suggested Disposition: Receive and File 23.Alcohol and Tobacco License Applications Pg. 4 City Manager recommending approval of annual liquor, beer, wine and tobacco license 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/nicotine/vapor permits, as required by Iowa Code Chapter 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.Asbestos Abatement Project for Former Bowling & Beyond Site City Manager recommending initiation of the public bidding procedure for the Bowling & Beyond Site – Asbestos Abatement Project, and further recommends that a public hearing be set for August 6, 2018. RESOLUTION Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for August 6, 2018 2.Dimensional Brewery Company Development Agreement City Manager recommending that the City Council set a public hearing for August 6, 2018 to approve a Development Agreement with Easy Steve, LLC d/b/a Dimensional Brewing Company for redevelopment of 67 Main Street, including the proposed issuance of Urban Renewal Tax Increment Revenue Obligations. RESOLUTION Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the approval of a Development Agreement between the City of Dubuque and Easy Steve, LLC d/b/a Dimensional Brewing Company, including the proposed issuance of Urban Renewal Tax Increment Revenue Obligations, and providing for the publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for August 6, 2018 BOARDS/COMMISSIONS 1.Boards and Commission Applicant Review Applicants are invited to address the City Council regarding their desire to serve on the following Boards/Commissions. Applicant appointments will be made at the next City Council meeting. Building Code and Advisory Appeals Board One, 3-year term through August 1, 2021 (Expiring term of Wilderding) Applicant: Katrina Wilberding, 3715 Asbury Rd. Historic Preservation Commission Pg. 5 One, 3-year term through July 1, 2019 (Vacant West 11th Street Historic District term of Nieto) Applicant: Charles Richard (Rick) Stuter, 1296 Prairie St. (Qualifies as 11th District Rep.) This commission is subject to the State of Iowa Gender Balance Law. 9 Commissioners total; currently 4 males/3 females/2 vacancies Housing Commission Three, 3-year terms through August 17, 2021 (Vacant At-Large term of McDonell, Expiring At-Large term of Weitz and Expiring Section 8 Recipient term of Shumaker) Applicants: Brad Cavanagh, 565 Fenelon Pl. Coralita Shumaker, 2109 Washington St. (Qualifies as Section 8 Recipient) Gail Weitz, 1630 Lori Crt. Housing Trust Fund Advisory Committee One, 3-year term through August 17, 2021 (Expiring term of Holz)) Applicant: Jim Holz, 3010 Indiana Crt. 2.Boards and Commission Appointments Appointments to the following commissions to be made at this meeting. MAYOR APPOINTMENT Civil Service Commission One, 4-year term through April 6, 2022 (Vacant term of Nuehaus) Applicant: Phil Baskerville, 2945 Van Buren St. This commission is subject to the State of Iowa Gender Balance Law. 3 Commissioners total; currently 2 males Electrical Code Board One, 3-year term through May 21, 2020 (Expiring term of Dowell) Applicant: Tom Townsend, 1940 Amelia Dr. 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 - Royal Oaks Development Corporation in Conjunction with Annexation - Tabled from May 21, 2018 Meeting. City Manager recommending that the City Council table the public hearing on the rezoning request for Royal Oaks Development Corporation to a future date to be determined, to allow time for the Zoning Advisory Commission to reconsider the rezoning at a future date to be determined, and then provide a recommendation to the City Council. Suggested Disposition: Remove from Table; Then Receive and File and Table to a Future Date to be Determined Pg. 6 2.Voluntary Annexation - Portion of Silver Oaks Estates (Tabled from the May 21, 2018 Meeting) City Manager recommending that the City Council table the public hearing on the voluntary annexation request for Royal Oaks Development Corporation to a future date to be determined, to allow time for the Zoning Advisory Commission to reconsider the rezoning at a future date to be determined, and then provide a recommendation to the City Council. Suggested Disposition: Remove from Table; Then Receive and File and Table to a Future Date to be Determined 3.Request to Rezone - 255 John F. Kennedy Road Proof of publication on notice of public hearing to consider approval of a request from Key City Investment Company/ Georgie Yiannias to amend the ShopKo PUD Planned Unit Development Zoning District located at 255 JFK Road to allow development of an out lot and the Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16, the Unified Development Code of the City of Dubuque Code of Ordinances by rescinding Ordinance 61-89 and 14-99 which established regulations for the ShopKo PUD Planned Unit Development District with a Planned Commercial Designation and now being amended to allow for the development of an out-lot building. Suggested Disposition: Receive and File; Motion B; Motion A 4.Thompson Truck and Trailer, LLC Lease Proof of publication on notice of public hearing to consider approval of a Lease Agreement between the City of Dubuque and Thompson Truck and Trailer, LLC and the City Manager recommending approval. RESOLUTION Approving a Lease Agreement between the City of Dubuque, Iowa (City) and Thompson Truck and Trailer, LLC, a Delaware Corporation (Thompson) 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.Follow-up to June 25, 2018 Worksession on Enhanced Broadband Capacity, Access and Equity in Dubuque Information Services Manager Chris Kohlmann, Public Information Officer Randy Gehl and Sustainable Innovation Consultant David Lyons will answer any questions as a follow-up to the June 25, 2018 City Council Work Session on Enhanced Broadband Capacity, Access and Equity in Dubuque prior to City Council Goal Setting. Pg. 7 Suggested Disposition: Receive and File; Council 2.Mural Information City Attorney providing information on murals. Suggested Disposition: Receive and File; Council 3.Code of Ordinances Amendment Title 14 Vacant and/or Abandoned Buildings City Manager recommending approval of an amendment to the City of Dubuque Code of Ordinances, Title 14, Chapter 4 Licensing of Vacant and/or Abandoned Buildings. ORDINANCE Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 4 Licensing of Vacant and/or Abandoned Buildings, Section 14- 4-1 Definitions Suggested Disposition: Receive and File; Motion B; Motion A 4.Request to Schedule Work Session - Inclusive Dubuque City Manager recommending that the City Council schedule the Inclusive Dubuque work session for September 10, 2018 at 6:00 p.m. in the Historic Federal Building. Suggested Disposition: Receive and File; Council 5.Request for Work Session - Project HOPE City Manager recommending that the City Council schedule a work session for a Project HOPE Update on August 6, 2018. 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. 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. Pg. 8 /s/Kevin S. Firnstahl, CMC City Clerk