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8 20 18 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 August 20, 2018in the Historic Federal Buil :Frig, 350 W. 6th Street. Present: Mayor B:uol; Council Members Del Toro, Jories, Larson, Resnick, Rios; City Manager Van M. en, City Attorn'Brumwell Absent: Council Member Shaw 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 CONSENT ITEMS Yays Nays Resnick ,. Larson Jones Z -fillaw— `Del Toro Buol Rios 1. Inutes and Reports Submitted ity Council Proceedings of 8/6, 8/8, 8/13, 8/14, 8/15; Civil Service Commission of 6/26, 7/26, 7/31; Community Development Advisory Commission of 7/18; Housing Commission of 7/24; Library Board of Trustees Council Update #173 of 7/26; Resilient Community Advisory Commission of 4/5, 5/3, 6/7; Zoning Advisory Commission of 8/1; Proof of Publication for City Council Proceedings of 7/23. Suggested Disposition: Receive and File 2. Notice of Claims and Suits Thomas Coyle for vehicle damage; Robert Duster for property damage; Channing Ellison for vehicle damage; Robert Johnsen/Nationwide for vehicle damage; TFM, Co. for property damage; Daniel and Christina True 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: Thomas Coyle for vehicle damage, Channing Ellison for vehicle damage; TFM Co. for property damage, Daniel and Christina True for property damage. Suggested Disposition: Receive and File; Concur )(ay, Nays v Resnick Larson Jones 1 e, V Del Toro` t Buol Rios 4. Approval of City Expenditures City Manager recommending City Council approval for payment of City expenditures. Suggested Disposition: Receive and File; Approve 5. Travel Dubuque Letter of Support for Five Flags Center Redevelopment Correspondence from the Travel Dubuque Board / Convention and Visitors Bureau in support of a Five Flags Civic Center redevelopment. Suggested Disposition: Receive and File 6. Greater Dubuque Development Corporation Annual Report 2017-2018 City Manager providing a copy of the Greater Dubuque Development Corporation Annual Report 2017-2018. Suggested Disposition: Receive and File 7. Civil Service Commission - Certified List Civil Service Commission submitting the Certified List for the position of Assistant Planner. Suggested Disposition: Receive and File; Make Matter of Record 8. Acceptance of Property at 686-688 University Avenue City Manager recommending approval of a resolution accepting a Quit Claim Deed and Affidavit of Surviving Spouse for property at 686-688 University Avenue. RESOLUTION 240-18 Approving the acquisition of real estate owned by Deane C. and Manolita C. Dement, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 9. Request for Proposals - Downtown Commercial Building Exterior Evaluation and Assessment Project City Manager recommending approval of the release of a Request for Proposals for qualified firms to undertake the Downtown Commercial Building Evaluation and Assessment Project. Suggested Disposition: Receive and File; Approve 2 Yays Nays Resnick Larson Jones Shaw Del Toro Buol Rios 10. Medline Industries, Inc. Contract with Iowa Economic Development Authority City Manager recommending approval of an Economic Development Assistance Contract by and among Medline Industries, Inc., MREDIA, LLC (Medline), the City of Dubuque, and the Iowa Economic Development Authority. RESOLUTION 241-18 Authorizing the execution of an Economic Development Assistance Contract by and among Medline Industries, Inc., MREDIA, LLC, the City of Dubuque, Iowa, and the Iowa Economic Development Authority. Suggested Disposition: Receive and File; Adopt Resolution(s) 11. Washington Neighborhood / Housing Trust Fund Application Match City Manager recommending approval to commit funds from the Greater Downtown Tax Increment Financing Urban Renewal District as budgeted to be used as a match to the Housing Trust Fund Committee's application to the Iowa Finance Authority for a grant from the State Housing Trust Fund for continued support of homeownership and rehabilitation activities in the Washington Neighborhood. RESOLUTION 242-18 Approving commitment of matching funds for application to the Iowa Finance Authority (IFA) for State Housing Trust Funds Suggested Disposition: Receive and File; Adopt Resolution(s) 12. Certified Local Government (CLG) Grant Application for Preservation Planning — Four Mounds Park City Manager recommending approval of Four Mounds Foundation's grant application through the Certified Local Government Program for preservation planning for long-term protection of the Burial Mounds Area at Four Mounds Park. RESOLUTION 243-18 approving a CLG grant application to State Historic Preservation Office for Preservation Planning at Four Mounds Estate Historic District Suggested Disposition: Receive and File; Adopt Resolution(s) 13. Certified Local Government (CLG) Grant Application - Preserve Iowa Summit City Manager recommending approval of the City's application for a Certified Local Government (CLG) Program Grant for hosting the 2020 Preserve Iowa Summit at the invitation of the State Historical Society of Iowa, and approval of a resolution for Dubuque to host the 2020 Preserve Iowa Summit. RESOLUTION 244-18 Approving CLG Grant Application to State Historic Preservation Office for hosing the 2020 Preserve Iowa Summit Suggested Disposition: Receive and File; Adopt Resolution(s) 3 Yays Nays Resnick Larson Jones Shaw Del Toro Buol Rios 14. Cottingham & Butler Insurance Services, Inc., Contract Amendment City Manager recommending approval of a resolution authorizing an amendment to Contract 15 -DF -034 by and among Cottingham & Butler Insurance Services, Inc., the City of Dubuque, and the Iowa Economic Development Authority. RESOLUTION 245-18 Approving an amendment to the Economic Development Financial Assistance Contract by and among Cottingham & Butler Insurance Services, Inc., the City of Dubuque, Iowa, and the Iowa Economic Development Authority. Suggested Disposition: Receive and File; Adopt Resolution(s) 15. Tri-State Occupational Health Agreement Amendment City Manager recommending approval of an Amendment to the Agreement between Tri- State Occupational Health, L.L.C. and the City of Dubuque for case management services for workers compensation claims and police and fire job related injuries and illnesses. Suggested Disposition: Receive and File; Approve 16. International Union of Operating Engineers, Local #234 Amendment to the Collective Bargaining Agreement City Manager recommending approval of an Amendment to the Collective Bargaining Agreement between the City of Dubuque and the International Union of Operating Engineers, Local #234, to provide for a work week that consists of ten hours per day and four days per week for full-time Public Safety Dispatchers. Suggested Disposition: Receive and File; Approve 17. Key West Fire Department - Accepting Sanitary Sewer Easement City Manager recommending acceptance of a Grant of Easement from the Key West Community Fire Department, Inc. for a Sanitary Sewer Utility across Part of Lot 1 of Twin Ridge Subdivision No. 2 in Dubuque County as part of the Twin Ridge Lift Station Abandonment Project. RESOLUTION 246-18 Accepting a Grant of Easement for Sanitary Sewer Utility Across Part of Lot 1 of Twin Ridge Subdivision No. 2, in the County of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 4 Yays Nays Resnick Larson Jones Shaw Del Toro Buol Rios 18. Bowling & Beyond Site - Asbestos Abatement Project Award City Manager recommending award of the construction contract for the Bowling & Beyond Site - Asbestos Abatement Project to the low bidder Advanced Environmental Testing & Abatement. RESOLUTION 247-18 Awarding Public Improvement Contract for the Bowing & Beyond Site - Asbestos Abatement Project Suggested Disposition: Receive and File; Adopt Resolution(s) 19. Washington Park Gazebo Painting Project Acceptance City Manager recommending acceptance of the Washington Park Gazebo Painting Project as completed by Colonial Painting and Decorating, Inc. RESOLUTION 248-18 Accepting the Washington Park Gazebo Painting Project and Authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 20. Adopting Code Supplement No. 29 City Clerk recommending adoption of Supplement No. 29 to the City of Dubuque Code of Ordinances. RESOLUTION 249-18 Adopting Supplement No. 29 to the Code of Ordinances of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 21. Signed Contract(s) Municipal Collections of America, Inc., Collection Services Agreement; Dubuque Community School District Revocable License for use of right-of-way at Alta Vista Campus. Suggested Disposition: Receive and File 22. Improvement Contracts / Performance, Payment and Maintenance Bonds Midwest Concrete, Inc., for Veterans Park Pickleball Court Construction Project Suggested Disposition: Receive and File; Approve 23. Alcohol License Applications City Manager recommending approval of annual beer, liquor and wine licenses as submitted. RESOLUTION 250-18 Approving applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License 5 Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits Suggested Disposition: Receive and File; Adopt Resolution(s) 6 ITEMS SET FOR PUBLIC HEARING 1. Intent to Dispose of an Interest in Real Property to Southwestco Wireless, Inc. D/B/A Verizon Wireless September 4, 2018 Yays , Nays �, Resnick ' Larson -Jones Shaw— /77 Del Toro "Buol Rios 1. Intent to Dispose of an Interest in Real Property to Southwestco Wireless, Inc. D/B/A Verizon Wireless City Manager recommending recommend the City Council set a public hearing for September 4, 2018, 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 or proposed placement of a small cell and associated equipment in the public right-of-way at the northeast corner of the intersection of Embassy West Drive and Middle Road. RESOLUTION 251-18 Resolution of 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 September 4, 2018 7 BOARDS/COMMISSIONS 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. 1. Airport Commission (REVIEW) Two, 4 -year terms through July 1, 2022 (Expiring terms of Accinelli and Blocker). Applicants: Robert Blocker, 880 Kane St.; Jennifer Chambers, 940 Kelly Ln.; Michael Phillips, 1029 Dunham Dr.This commission is subject to the State of Iowa Gender Balance Law. 5 Commissioners total; currently 1 males/2 females 2. Housing Commission (REVIEW) One, 3 -year term through August 17, 2021 (Vacant term of Fernandes). Applicants: Astor ino T. Erba, 15Q5 Fairview PI.; Sam Wooden, 1135 Rosedale Ave. 3 Zoning Advisory Commission (REVIEW) -`One, 3 -year term through July 1, 2021 (Expiring term of Russell). Applicant: *Rich Russell, 2045 Embassy West Dr. This commission is subject to the State of Iowa Gender Balance Law. 7 Commissioners total; currently 5 males/1 female. *Application was held for 90 days in compliance with Iowa Code 69.16A Gender Balance. Boards and Commission Appointments Appointments to the following commissions to be made at this meeting. 4. Transit Advisory Board One, 3 -year term through July 30, 2021 (Expiring term of Esser). Additional Vacancies since August 8, 2018 meeting: One, 3 -year term through July 30, 2020 (Vacant term of Stiles). Applicants: 1. Robert Daughters, 1631 Jackson St.; "'``" 2. Matthew Esser, 90 Main St. 8 Resnick ,.--"°" Larson Jones / .„, Del Toro cf"". Buol Rios t. 8 PUBLIC HEARINGS 1. Planned Unit Development (PUD) Amendment for 1100 Carmel Drive Proof of publication for notice of public hearing to consider approval of a request from Pope Architects/ Sisters of Charity BVM to amend the PUD Planned Unit Development District at 1100 Carmel Drive to facilitate the development of a senior living community and the Zoning Advisory Commission recommending approval. ORDINANCE 29-18 Amending Title 16 of the City of Dubuque Code of Ordinances Unified Development Code by reclassifying hereinafter described property located at 1100 Carmel Drive from R-1 Single -Family Residential to PUD Planned Unit Development with a PR Planned Residential Designation, and amending the existing Planned Unit Development Regulations to facilitate the development of a Senior Living Community Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Y Nays Nays 4Resnick Resnick Larson Larson '' Jones haw S ' Del Toro Del Tor - ' Buol Buol y Rios Rios Final Reading and Adopt Yay§ Nays 4Resnick Larson Jones haw Del Toro ' Buol y Rios G1 -1'a- i ial/iallediellde;?- /40'9 //%� %��"' r 1612/ R/e/ g/<4/41. 41ffit 2. Petitionjto Vacate Alley in D.N. Cooley's Subdivision for Housing Department Project C'396 West Locust Street Proof of publication for notice of public hearing to consider vacating a 10 -foot -wide alley adjacent to the property at 396 West Locust Street and just west of the intersection of West 17th Street and West Locust Street to facilitate a Housing Department project, and the City Manager recommending approval. RESOLUTION 252-18Vacating the 10 -wide alley adjacent to Lots 14 and 15 in D.N. Cooley's Subdivision, in the City of Dubuque, Iowa, to be known as Lot 15A of D.N. Cooley's Subdivision, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Resnick o Larson Jones j ;:.e Del Toro Buol i Rios 10 3. Millwork District Parking Lot #2 - Elm Street Parking Lot Project Proof of publication for notice of public hearing to consider approval of plans, specifications, form of contract, and estimated cost for the Millwork District Parking Lot #2 Project (aka Elm Street Parking Lot), and the City Manager recommending approval. RESOLUTION 253-18 Approval of plans, specifications, form of contract, and estimated cost for the Millwork District Parking Lot #2 Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yays. Nays Resnick Larson Jones Del Toro • Buol Rios ;1+ Z7W- e, &X *1 4. Twin Ridge Lift Station Abandonment Project Proof of publication for notice of public hearing to consider approval of the plans, specifications, form of contract and estimated cost for the Twin Ridge Lift Station Abandonment Project, and the City Manager recommending approval. RESOLUTION 254-18 Approval of plans, specifications, form of contract, and estimated cost for the Twin Ridge Lift Station Abandonment Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays 27 / Resnick Larson Jones Del Toro Buol k Rios 12 5. Dubuque Industrial Center West - McFadden Farm Grading Phase I Project Proof of publication for notice of public hearing to consider approval of the plans, specifications, form of contract and the estimated cost of $613,676.80 for the Dubuque Industrial Center West — McFadden Farm Grading Phase I Project, and the City Manager recommending approval. RESOLUTION 255-18 Approval of plans, specifications, form of contract, and estimated. cost for the DICW - McFadden Farm Grading Phase I Project RESOLUTION 256-18 Authorization to advertise for bids for the DICW - McFadden Farm Grading Phase I Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yap Nays Resnick Larson Jones Del Toro i '',. Buol ice` Rios 0,1.0V 13 14 ACTION ITEMS 1. Black Hills Energy Annual Report Laura Roussell, Senior Community Affairs Manager for Black Hill Energy, will present highlights from their Annual Report and introduce team members. Suggested Disposition: Receive and File; Presentation Yays Nays Resnick Larson Jones &Maw., Del Toro Buol Rios 1747x/el, ‘250? 6;771 //f/t/ 15 Vitt) 6K5 2. Northeast Iowa Community College (NICC) Bond Issuance Update NICC President Dr. Liang Chee Wee will provide an update on the College's September 11, 2018 bond issuance. Suggested Disposition: Receive and File; Presentation Yays Nays Resnick Larson Jones aw Del Toro Buol 'V Rios .;7&, 7,e( /e11:1 4°P ';/e/ Aff,//# 16 '= 3. Code of Ordinance Amendment - Title 6 Prohibited and Exempt Noise (2nd Reading as Amended from the August 6, 2018 Meeting) City Attorney recommending abandoning the 2nd reading of the originally proposed ordinance due to additional amendments from staff since the August 6, 2018 reading. Suggested Disposition: Receive and File; Abandon the 2nd Reading of the Proposed Ordinance as Recommended Yays. Nays Resnick Larson �-' Jones ,,..Shaw. Del Toro Buol Rios 17 4. Code of Ordinance Amendment - Title 6 Prohibited and Exempt Noise as Amended City Attorney recommending approval of an update to the prohibited noises and exempt noises ordinances to update and correct some terminology in the prohibited noises ordinance and add provisions and sections that further clarifying the use, prohibitions and exemptions of outdoor music or amplified noise. This amendment includes changes requested by Council and suggested by staff from the August 6, 2018 City Council meeting. ORDINANCE ' 0- Amending City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanit; • and Environment, Chapter 5 Noises, Section 6-5-1 Prohibited Noises ORDINANCE18 Amending City of Dubuque Code of Ordinances Title 6, Health, Housing, Sanation and Environment, Chapter 65 Noises, Section 6-5-3 Exempt Noises Suggesteispositi : Receive and File; Motion B; Motion A Ernat °*cot /) Suspend the Readings Yays Nays Nays Resnick Resnick / Larson Larson ---2 Jones Jones .-- _ -- Del Toro Del Toro Buol -Buol Rios Rios Yays Nays 1. Resnick Larson ---2 Jones 4 _ -- Del Toro Buol Rios 18 COUNCIL MEMBER REPORTS CLOSED SESSION @ p.m. Pending Litigation and Real Estate Transfer Negotiations — Chapter 21.5(1)(c), -(j) Code of Iowa ...stated for the record that the attorneys who will consult with City Council on the issues to be discussed in the closed session are ays ~Na s R= snic ,, ''/ L . s ,/ /,°" Jo`;s S aw byr "--, gel Toro Buol Rios Reconvene in Open Session @ ADJOURNMENT @ p.m. Yays Nays Resnick ,, ''/ Larson /,°" Jones Iw--- byr "--, Del Toro Buol Rios 19 TO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a Regular Session of the City Council to be held on Monday, August 20, 2018 at 6:00 PM in the Historic Federal Building for the purpose of conducting such business that may properly come before the City Council. A9 Consent Items: Pages 1-4 oy D. Buol, Mayor