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9 17 18 Clerk's Skeleton Notes and Meeting CallsCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 6:00 p.m. on September 17, 2018 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Biot; Council Members Del Toro, Jo es, Larson, Ret nick Rios, Shaw; City Manager Van Milligen, City Attorney.Brumwell Absent: Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on Excursion Boating on the Mississippi. WORK SESSION Excursion Boating on the Mississippi River Adjournment p.m. Yays Nays Larson 1 Shaw L7 ,r Resnick Buol 1 Rios Jones Del Toro 1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:00 p.m. on September 17, 2018 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor B0ol; Council Members Del Toro, Jones, Larson, Resnick, Rios, Shaw; City Manager Van Miiigen, City Attorneyrumwell A 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 PROCLAMATIONS) 7 1. Days of Peace and Ceasefire (September 184, 2018) was accepted by Roche, DoP Committee Treasurer; and Barb Ilten, DoP 'mmi tee Chair. 2. Rail afety Week (September 23-29, 2018) was accepted by Thomas Skinner, Thomas Skinner, Special Agenda, Central Division, NSI Regional Intelligence Office, 2 Yays Nays Larson V Shaw t-'" Resnick Buol 1' Rios V' Jones Del Toro CONSENT ITEMS 1. Minutes and Reports Submitted Cable TV Commission of 9/5; Catfish Creek Watershed Management Authority of 9/5, City Council Proceedings of 9/4, 9/10; Historic Preservation Commission of 8/16; Park and Recreation Advisory Commission of 8/14; Resilient Community Advisory Commission of 8/2; Zoning Advisory Commission of 9/5/18; Zoning Board of Adjustment of 8/23; Proof of publication for City Council Proceedings of 8/13, 8/15, 8/20. Suggested Disposition: Receive and File 2. Notice of Claims and Suits Kelly Casperson for vehicle damage, Jerald Kinsella for property damage, Gerald Klein for property damage, Abby McGrane-Ralston for vehicle damage, David Prince for vehicle damage, Steve Ruden for property damage, Daniel Scott for property damage, Sisters of the Presentation for property damage, Brock Tyner for vehicle damage, Morgan Weaver for vehicle damage, Doug Winner for vehicle damage, Suit by Michael and Jacqueline Wood for vehicle damage/personal injury. 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: William Baum for vehicle damage, Jerald Kinsella for property damage, Gerald Klein for property damage, Lynn McCormick/Partners Mutual Insurance for vehicle damage, Abby McGrane-Ralston for vehicle damage, David Prince for vehicle damage, Steve Ruden for property damage, Daniel Scott for personal injury/property damage, Sisters of the Presentation for property damage, Morgan Weaver 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. 2018 City Council Goals and Priorities City Manager providing a copy of the public information brochure outlining the City Council's 2018 Goals and Priorities. Suggested Disposition: Receive and File 3 ,fre/ Yays Nays / Larson Shaw Resnick Buol Rios Jones i„,--' Del Toro 6. State of Iowa Annual Street Financing Report City Manager recommending approval of the City of Dubuque's Fiscal Year 2018 City Street Financing Report and authorizing filing with the Iowa Department of Transportation. RESOLUTION 270-18 Approving the City of Dubuque Fiscal Year 2018 City Street Financing Report Suggested Disposition: Receive and File; Adopt Resolution(s) 7. 2017 Integrated Pest Management Annual Report The Integrated Pest Management Working Group transmitting the 2017 Integrated Pest Management Annual Report which has been reviewed by the Resilient Community Advisory Commission and the Parks & Recreation Commission. Suggested Disposition: Receive and File 8. USAID/ICMA Planning for Climate Adaptation Program in Dominican Republic City Manager providing a copy of the public information brochure detailing the results of the pro-bono labor partnerships, including the City of Dubuque, with the Dominican Republic through the USAID/ICMA Planning for Climate Adaptation Program. Suggested Disposition: Receive and File 9. Transit Asset Management Plan City Manager recommending that the City Council approve the Operations, Asset Management, Safety and Security Manual as required by the Federal Transit Administration for the Transportation Services Department. Suggested Disposition: Receive and File; Approve 10. School Resource Officer (SRO) Agreement with Dubuque Community Schools for School Year 2018/2019 City Manager recommending approval of the Fiscal Year 2018/2019 School Resource Officer Agreement with the Dubuque Community School District and acceptance of the Dubuque Community School District's financial support. Suggested Disposition: Receive and File; Approve 4 Yays Nays Larson Shaw Resnick Buol Rios Jones Del Toro 11. Iowa Department of Transportation Local Primary Highway Maintenance Supplemental Agreements City Manager recommending approval of several Iowa Department of Transportation Supplemental Agreements for Local Primary Highway Maintenance, Pavement Markings, Julien Dubuque Bridge Sidewalk Maintenance, Street Sweeping Maintenance and Traffic Signal Maintenance between the Iowa Department of Transportation and the City of Dubuque. Suggested Disposition: Receive and File; Approve 12. Dubuque Regional Humane Society Agreement Amendment City Manager recommending an amendment to the current five-year agreement with the Dubuque Regional Humane Society that began July 1, 2015. Suggested Disposition: Receive and File; Approve 13. Neztrop, LLC - Dedication of Permanent Signage Easement City Manager recommending approval of a Dedication of Permanent Signage Easement across Parts of Lot 2-1 of Stone Brook Center Second Addition in the City of Dubuque, which is located at the southeast corner of the intersection of Stone Valley Drive and US Highway 20. RESOLUTION 271-18 Accepting a Dedication of Permanent Signage Easement across parts of Lot 2-1 of Stone Brook Center Second Addition, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 14. Self -Funded Health Plan 509A Certification Consultant City Manager recommending approval to continue using Insurance Strategies Consulting to prepare the 509A Certification for the City of Dubuque's Self -Funded Health Plan and approve the Services Engagement Letter. Suggested Disposition: Receive and File; Approve 15. Plat of Survey for BGJ Kremer Place No. 2 Zoning Advisory Commission recommending approval of the Plat of Survey for BGJ Kremer Place No. 2. RESOLUTION 272-18 Approving the Plat of Survey of BGJ Kremer Place No. 2 Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 5 Yays Nays Larson Shaw Resnick Buol Rios Jones Del Toro 16. Preliminary FEMA Floodplain Maps City Manager recommending approval of a recommended response from the City of Dubuque to the Federal Emergency Management Agency (FEMA) regarding correspondence from FEMA Region VII related to preliminary floodplain maps for the City of Dubuque. Suggested Disposition: Receive and File; Approve 17. Eagle Point Park Watermain Extension and Water Service Replacement Project Award City Manager recommending that the award for the Eagle Point Park Watermain Extension and Water Service Replacement Project to Mainline Excavation Co., Inc. be officially recorded in the minutes of the City Council. Suggested Disposition: Receive and File; Make Matter of Record 18. Right -of -Way Management Technician Position City Manager recommending approval to eliminate one Engineering Assistant II position and create one Right -of -Way Management Technician position in the Engineering Department. Suggested Disposition: Receive and File; Approve 19. Alcohol and Tobacco License Applications City Manager recommending approval of annual liquor, beer, wine and tobacco license applications as submitted. RESOLUTION 273-18 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 RESOLUTION 274-18 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) 6 62/ - ITEMS SET FOR PUBLIC HEARING 1. Maquoketa Valley Electric Cooperative 30 -Day Extension of Franchise 2. Maquoketa Valley Electric Cooperative Franchise Fee 3. Maquoketa Valley Electric Cooperative Franchise Agreement 4. Fiscal Year 2019 First Budget Amendment 5. Intent to Dispose of an Interest in Real Property Owned by the City of Dubuque by Lease Supplements to Southwestco Wireless, Inc. D/B/A Verizon Wireless October 1, 2018 6. John F. Kennedy Road Sidewalk Installation Project Initiate October 15, 2018 Yays Nays Larson Shaw ; Resnick Buol Rios o ..,.Jones Del Toro 1. Maquoketa Valley Electric Cooperative 30 -Day Extension of Franchise City Manager recommending that the City Council set a public hearing for October 1, 2018, on a possible 30 -day extension to Maquoketa Valley Electric Cooperative's electric franchise agreement that is set to expire October 3, 2018. RESOLUTION 275-18 Setting a public hearing on an ordinance extending the term of the franchise granted to Maquoketa Valley Electric Cooperative for an additional thirty days. Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for October 1, 2018 2. Maquoketa Valley Electric Cooperative Franchise Fee City Manager recommending that the City Council set a public hearing for October 1, 2018 on an ordinance imposing a franchise fee of 5% on Maquoketa Valley Electric Cooperative. RESOLUTION 276-18 Setting a public hearing on an ordinance imposing a franchise fee of five percent (5%) on the gross revenue generated from the distribution and sale of electricity within the city of Dubuque by Maquoketa Valley Electric Cooperative Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for October 1, 2018 7 3. Maquoketa Valley Electric Cooperative Franchise Agreement City Manager recommending that the City Council set a public hearing for October 1, 2018 on an ordinance granting a new Franchise Agreement with Maquoketa Valley Electric Cooperative. RESOLUTION 277-18 Setting a public hearing on an ordinance granting to Maquoketa Valley Electric Cooperative, its successors and assigns, the right and non-exclusive franchise to acquire, construct, erect, maintain and operate in the City of Dubuque, Iowa, an electric system and to furnish and sell electric energy to the City and its inhabitants for a period of 25 years and authorizing the City to collect franchise fees Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for October 1, 2018 4. Fiscal Year 2019 First Budget Amendment City Manager recommending the first Fiscal Year 2019 Budget Amendment be set for public hearing for October 1, 2018. RESOLUTION 278-18 Setting the date for the public hearing on Amendment No. 1 to the Fiscal year 2019 Budget for the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for October 1, 2018 5. Intent to Dispose of an Interest in Real Property Owned by the City of Dubuque by Lease Supplements Between the City of Dubuque, Iowa and Southwestco Wireless, Inc. D/B/A Verizon Wireless City Manager recommending that the City Council set a public hearing for October 1, 2018, on the City's intent to dispose of an interest in real property owned by the City of Dubuque by lease supplements between the City of Dubuque, Iowa, and Southwestco Wireless, Inc. d/b/a Verizon Wireless that will add three small cell locations. RESOLUTION 279-18 Intent to dispose of an interest in real property owned by the City of Dubuque by Leases 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 October 1, 2018 6. John F. Kennedy Road Sidewalk Installation Project Initiate City Manager recommending preliminary approval of the construction plans and specifications, approve of the Resolution of Necessity, approve the Preliminary Schedule of Assessments and initiation of the public bidding process for the John F. Kennedy Road Sidewalk Installation Project. It is further recommended that a public hearing be set for October 15, 2018. RESOLUTION 280-18 Resolution of Necessity for the John F. Kennedy Road Sidewalk Installation Project 8 RESOLUTION 281-18 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 RESOLUTION 282-18 Approving the preliminary plats, schedule of assessments and estimate of total cost for the John F. Kennedy Road Sidewalk Installation Project RESOLUTION 283-18 Fixing date of public hearing on Resolution of Necessity Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for October 15, 2018 9 BOARDS/COMMISSIONS Appointment was made to the following commission. 1. Parks and Recreation Advisory Commission: One, 3 -year term through June 30, 2019 (Vacant term of Lyness) Applicant: 1. Robert McCoy, 265 Main St. Yays Nays y' n Larson Shaw Resnick Buol Rios i.---7 Jones j,.•-- Del Toro PUBLIC HEARINGS 1. Planned Unit Development (PUD) Amendment for Mercy Hospital / Mercy Drive Proof of publication on notice of public hearing to consider approval of a request from St. Joseph Mercy Hospital to amend the Mercy Hospital. ID Institutional District at 250 Mercy Drive, and the Zoning Advisory Commission recommending approval. ORDINANCE 31-18 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by rescinding Ordinance 12-18, and approval of an amended Campus Development Plan for the Mercy Hospital Institutional District to allow construction of a new Cancer Center Building Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Yays Nays Nays Larson Larson #-r' i./1 Shaw Resnick Resnick Buol Buol Rios Rios ,ea ,,Jones ‘ Jones 1.- i Del Toro Final Reading and Adopt Yays Nays Larson #-r' Shaw Resnick Buol Rios ,ea ,,Jones 1.- Del Toro 11 2. Planned Unit Development (PUD) Amendment -5000 Block of Pennsylvania Avenue Proof of publication on notice of public hearing to consider approval of a request from the City of Dubuque to rezone AG Agricultural Zoning District and PI Planned Industrial Zoning District to Dubuque Industrial Center West (DICW) Planned Unit Development (PUD) Zoning District in the 5000 Block of Pennsylvania Avenue, and the Zoning Advisory Commission recommending approval. ORDINANCE 32-18 Amending Title 16, Unified Development Code of the City of Dubuque Code of Ordinances, by rescinding Ordinances No. 14-98, No. 07-02, and No. 83-04, and by rezoning approximately 124 Acres of Property from AG Agricultural District and Approximately 36 Acres of Property from PI Planned Industrial to the regulations of the Dubuque Industrial Center West PUD Planned Unit Development District with a Pi Planned Industrial Designation Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays Larson ' Shaw Resnick Buol Rios / Jones Del Toro Final Reading and Adopt Yays, Nays Larson Shaw Resnick Buol Rios / Jones Del Toro 12 v 3. Request to Rezone 1895 Radford Road ' Proof of publication on notice of public hearing to consider approval of a request from Richard Sova / Landover Corporation to rezone a portion of property located at 1895 Radford Road from LI Light Industrial Zoning District to OC Office Commercial Zoning District, and the Zoning Advisory Commission recommending approval. ORDINANCE 33-18 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 1800 Block of Radford Road from LI Light Industrial District to OC Office Commercial District. Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays Larson Shaw Resnick Buol Rios ", Jones Del Toro Final Reading and Adopt Yays Nays Larson Shaw Resnick Buol Rios Jones Del Toro i;e0/7,41 9k,ti& 217 /57415e, 13 4. Water Main Extension to Tamarack Park Project Proof of publication on notice of public hearing to consider approval of plans, specifications, form of contract, and estimated cost of the Water Main Extension to Tamarack Park Project, and the City Manager recommending approval. RESOLUTION 284-18 Approval of plans, specifications, form of contract and estimated cost for the Water Main Extension to Tamarack Park Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Larson K Shaw Resnick Buol y,�'"✓ Rios Jones Del Toro 4f0 14 G33 PUBLIC INPUT 15 ii 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 Nays Larson 6 Shaw / Resnick Buol Rios Jones Del Toro 16 2. 2018 City Expo Flyer City Manager providing a copy of the flyer announcing the 2018 City Expo, 4-7 p.m. on September 18, 2018 at Five Flags Center. Suggested Disposition: Receive and File Yays Nays ,e-- Larson j,,,''-; Shaw Resnick Buol Rios Jones Del Toro 17 3. Parking Smart Meter Pilot Memorandum of Understanding Changed - City Manager recommending approval to negotiate the final details and sign a Memorandum of Understanding with Municipal Parking Services for the purpose of a smart meter pilot that will be completed at no cost to the City and will provide valuable data to City staff and City Council for evaluating wider use of this technology in the meter districts. Staff will provide a brief presentation. Suggested Disposition: Receive and File; Approve, Presentation Yays Nays Larson Shaw i- ". Resnick Buol Rios & Pi/ L—/ Jones Del Toro ,5'tb Pek ///ir 467 18 v � 33 4. Broadband Update and Request for Approval to Contract with Environmental Systems Research Institute, Inc. (ESRI) City Manager providing an, update on continuing broadband activity and recommending approval to contract with ESRI for support services for development of a broadband application viewer that would leverage open data for maps and applications to provide information to the public regarding options for broadband providers and services and obtain feedback from residents. Suggested Disposition: Receive and File; Approve Yays Nays .fr Larson Shaw Resnick Buol Rios Jones 7 Del Toro 19 5. Code of Ordinances Amendment - Title 6 Prohibited and Exempt Noises (Final Reading) City Manager recommending approval of an update to the prohibited noises and exempt noises ordinances to update 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. ORDINANCE 34-18 Amending City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation and Environment, Chapter 5 Noises, Section 6-5-1 Prohibited Noises ORDINANCE 35-18 Amending City of Dubuque Code of Ordinances Title 6, Health, Housing, Sanitation and Environment, Chapter 5 Noises, Section 6-5-3 Exempt Noises Suggested Disposition: Receive and File; Motion B; Motion A spend the Readings Sku\ Yays ,days Larson aw Re =. ck o L..,--°''. 41ios " Jones Del Toro Final Reading and Adopt Yays Nays Larson Shaw Resnick Buol L..,--°''. Rios " Jones Del Toro /4/(0,01P -i ete. 427/7 20 6. Code of Ordinances Amendment - Title 7 Door Hangars City Manager recommending approval of an amendment to the City's door hanger ordinance. ORDINANCE 36-18 Amending City of Dubuque Code of Ordinances Title 7 Police, Fire and Public Safety, Chapter 5 Offenses, Article A General Offenses, Section 7-5A-5 Advertising Materials, Billposting; Littering Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays it, Larson tr' Shaw k -e, Resnick / " Pte'" Buol Rios Jones Del Toro e ��� //////JJJJJJ������///((((/(/(/......,,off�ff,,,////// J / P # itiede //06/7 Final Reading and Adopt Yays Nays it, Larson tr' Shaw Resnick Lam-- Buol Rios Jones Del Toro 6/44,1 21 7. Code of Ordinances Amendment - Title 14 Vacant and /or Abandoned Buildings City Manager recommending approval of an amendment to City Code Section 14-4-1 to include the definition of the International Residential Code. ORDINANCE 37-18 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 Suspend the Readings Yays Nays Larson Shaw Resnick Buol Rios Jones Del Toro Final Reading and Adopt Yayis Nays V / Larson 4- Shaw „Resnick ,f Buol /f Rios Mfr Jones I— Del Toro 22 COUNCIL MEMBER REPORTS ./,) 14 R.467Z-el# Gope/ podb/A* x9) * - „w 91 f,” CLOSED SESSION 8= •.m. Pending Litigation and Real Estate Transfer Negotiations — Chapter 21.5(1)(c), -(j) Code of Iowa 4 9 11-7,,z) .4("efet 40,7 of 4 ,s -._ Mayor Buol stated for the record that the attorneys who will consult with City Council on the issues to be discussed in the closed session are Yays Nays Larson 4f'� Shaw 4 of Resnick Buol 'r Rios -.1-7 Jones l Del Toro Reconvene in open session ADJOURNMENT @ Yays Nays Larson Shaw 4 of Resnick Buol Rios -.1-7 Jones l Del Toro p.m. 23 oio p 5 - 17o/eR6 TO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a Regular Session of the City Council to be held on Monday, September 17, 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. Consent Items: Pages 1-4 oy D. Buol, Mayor