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10 15 18 Asst. 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 October 15, 2018 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor'Buol Council Members Del Toro; Jones, Larson, Resnick, Rios, Shaw; City Manager Van Milligen, City Attorney umwell Absent: 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. Gentleman Day (October 17, 2018) was accepted by L\ 1 c, ; 5 ,c � l�1 ccc \ -V r 1 f"1eaY,,1 S cel V i c>1ez-r C_c4- rl SS -r1 - c414 • CONSENT ITEMS Yays Nays ✓, Jones / Resnick ✓ Larson Buol Del Toro Shaw Rios 1. Minutes and Reports Submitted City Council Proceedings of 10/1; Historic Preservation Commission of 9/20; Library Board of Trustees Minutes of 7/26, 8/23 and Council Update #175 of 7/26; Park and Recreation Advisory Commission of 9/26; Zoning Advisory Commission of 10/3; Zoning Board of Adjustment of 9/27; Proof of publication for City Council Proceedings of 9/17; Proof of Publication for List of Claims and Summary of Revenues for Month Ending 8/31/18 Suggested Disposition: Receive and File 2. Notice of Claims and Suits Jeffrey Kostein for property damage, Lindsay Lannen for vehicle damage, and Andrew Topping for vehicle damage. Suggested Disposition: Receive and File; Refer to City Attorney 3. Notice of Claims and Suits 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: Jeffrey Kostein for property damage and Andrew Topping for vehicle damage. Suggested Disposition: Receive and File; Concur 4. Letter of Support for Regional Transit Authority (RTA) Grant Application City Manager providing a copy of a letter supporting the ICAAP grant application in support of a van pool program submitted by Delaware, Dubuque and Jackson Counties to the Iowa Department of Transportation (IDOT) Suggested Disposition: Receive and File 5. Approval of City Expenditures City Manager recommending City Council approval for payment of City expenditures. Suggested Disposition: Receive and File; Approve Yays Nays Jones Resnick Larson Buol Del Toro Shaw Rios 6. Federal Emergency Management Agency (FEMA) Flood Map Meeting Information City Manager transmitting information that the Federal Emergency Management Agency (FEMA) and the Iowa Department of Natural Resources (IDNR) will be hosting two meetings on October 17 to share and discuss the preliminary floodplain maps with city and county officials and the public. Suggested Disposition: Receive and File 7. 2018 Justice Assistance (JAG) Grant City Manager recommending approval to accept the 2018 Justice Assistance Grant (JAG). Suggested Disposition: Receive and File; Approve 8. Iowa Clean Air Attainment (ICAAP) Grant Submission City Manager recommending approval of the submission of an Iowa Clean Air Attainment Grant by DJMP Engine Solutions on behalf of Newt Marine Services. RESOLUTION Authorizing the filing of an Iowa Clean Air Attainment Program application with the Iowa Department of Transportation (IDOT) with sponsorship provided by the City of Dubuque to assist with funding of EPA Certified Towboat Engines that will reduce carbon emission and improve regional air quality Suggested Disposition: Receive and File; Approve 9. Pre -Annexation Agreement - William H. Richard, Jr. Living Trust City Manager recommending approval of a Pre -Annexation Agreement with William H. Richard Jr. as Trustee of the William H. Richard, Jr. Living Trust for Richard 2nd Addition in Dubuque County. RESOLUTION Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and William H. Richard, Jr. as Trustee of the William H. Richard, Jr. Living Trust Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Jones Resnick Larson Buol Del Toro Shaw Rios 10. Pre -Annexation Agreement - E. William and Margaret Walser City Manager recommending approval of a Pre -Annexation Agreement with E. William Walser and Margaret Walser for property in Walser Addition in Dubuque County. RESOLUTION Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and E. William and Margaret Walser Suggested Disposition: Receive and File; Adopt Resolution(s) 11. Pre -Annexation Agreements - Roeder Realty LHP City Manager recommending approval of three Pre -Annexation Agreements with Roeder Realty, LLLP, property owners, for property located at 2550, 2554 and 2580 Rockdale Road, in conjunction with their request to connect to City water. RESOLUTION Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Roeder Realty, LLLP Suggested Disposition: Receive and File; Adopt Resolution(s) 12. Thomas Place Retaining Wall Repair Project Acceptance City Manager recommending acceptance of the construction contract for the Thomas Place Retaining Wall Repair Project, as completed by Drew Cook & Sons Excavating, Co, Inc. RESOLUTION Accepting the Thomas Place Retaining Wall Repair Project and authorizing the payment to the contractor Suggested Disposition: Receive and File; Approve 13. Cedar Lake East 13th Addition - Acceptance of Water Main Improvements City Manager recommending acceptance of the public improvements that the developers, Hansel Properties, LLC, have recently completed in Cedar Lake East 13th Addition. RESOLUTION Accepting public improvements on Windmill Lane in Cedars Lake East 13th Addition in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Jones Q. v Resnick 1 v- Larson (/ Buol V Del Toro Shaw G(, n- Gh Rios -* I L.0 PL \\ R `zti �4�cLJ 14. Acceptance of Grant of Easement for Water Main and Fiber Optics - Jon D. Luckstead Property City Manager recommending acceptance of a Grant of Easement for Water Main and Fiber Optics Utility across Jon D. Luckstead property, being part of Lots D, 3, and 4 of Tamarack S.E. Fourth Subdivision, in Dubuque County, as part of the Tamarack Park Water Main Extension Project 2018. RESOLUTION Accepting a Grant of Easement for water main and fiber optics utility through, over and across part of Lots D, 3, and 4 of Tamarack S.E. Fourth Subdivision, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 15. Eagle Point Park Indian Room Roof Replacement Project Acceptance City Manager recommending acceptance of the Eagle Point Park Indian Room Roof Replacement Project, as completed by Gronen Restoration, Inc. RESOLUTION Accepting the Eagle Point Park Indian Room Roof Replacement Project and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 16. John Deere Dubuque Works 28E Agreement City Manager recommending approval for the Mayor to execute a 28E Agreement between Dubuque County, the City of Dubuque and John Deere Dubuque Works for a Traffic Improvement Study along John Deere Road. RESOLUTION Approving a 28E Funding Agreement between Dubuque County, the City of Dubuque and John Deere Dubuque Works for a Traffic Improvement Study along John Deere Road Suggested Disposition: Receive and File; Adopt Resolution(s) 17. U.S. EPA Semi Annual Consent Decree City Manager transmitting the September 30, 2018 Semi Annual Consent Decree Report that has been submitted to the United States Environmental Protection Agency as required by the Consent Decree. Suggested Disposition: Receive and File Yays Nays Jones Resnick Larson Buol Del Toro Shaw Rios 18. Upper Bee Branch Railroad Culvert Crossing Project, Property Acquisition (Easement) from Robert F. Klauer (430 Garfield Ave.) City Manager is recommending approval of the acquisition of a temporary easement from Robert F. Klauer, owner of 430 Garfield Avenue, as required for the Upper Bee Branch Railroad Culverts Project. RESOLUTION Approving a purchase agreement between the City of Dubuque and Robert F. Klauer Suggested Disposition: Receive and File; Adopt Resolution(s) 19. Upper Bee Branch Railroad Culvert Crossing Project Property Acquisition from HWY 151 & 61 Development, LLC City Manager recommending approval of the acquisition of a permanent easement and a temporary easement (the Easements) at the E. 16th Street property legally described as Lot 2 Riverview Plaza No. 3, owned by HWY 151 & 61 Development, LLC, for the construction and maintenance of the Upper Bee Branch Railroad Culverts Project. RESOLUTION Approving the acquisition of easements through certain real property owned by HWY 151 & 61 Development, LLC in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 20. Upper Bee Branch Creek Railroad Culverts Project Property Acquisition (easements) from B&M Properties and Storage, LLC City Manager recommending approval to make the final offer for permanent and temporary easements through certain real property owned by B&M Properties & Storage, LAG, at 525 E. 19th Street, for the purpose of constructing, operating, and maintaining the Upper Bee Branch Creek Railroad Culverts, a stormwater management project. RESOLUTION Authorizing the City Manager to make the final offer for the acquisition of easements through certain real property owned by B&M Properties & Storage, LLC in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays ,,/ Jones ;. ✓ Resnick i 1/ Larson ,' Buol c. Del Toro Shaw ,- Rios 11 ,A. ! (o 21. Signed Contract(s) Blackstone Environmental, Inc., contracts (3) for West Blum Site environmental cleanup; Four Mounds Usage Agreement for use of 1101 Central for the 2018-2019 Winter Farmer's Market; Hillcrest Family Services Usage Agreement for use of Murphy Park for 2018 Reflections in the Park event. Suggested Disposition: Receive and File 22. Alcohol Compliance Civil Penalty for Alcohol License Holder — Beecher Liquor City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Beecher Liquor, 1695 Asbury Road. Suggested Disposition: Receive and File; Approve 23. Alcohol License Applications City Manager recommending approval of annual beer, liquor and wine licenses 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. Suggested Disposition: Receive and File; Adopt Resolution(s) ITEMS SET FOR PUBLIC HEARING 1. Kerper Blvd. Sanitary Sewer Reconstruction Project Initiate November 5 2. Residential Parking Permit District H Amendment November 5 3. State Revolving Fund (SRF) Sanitary Sewer Capital Loan Notes Series 2018C November 5 Yays Nays ✓ Jones Resnick I ✓ Larson ✓ Buol Del Toro Shaw 0 Rios 1. Kerper Blvd. Sanitary Sewer Reconstruction Project Initiate City Manager recommending preliminary approval of the construction plans and specifications and authorize the public bidding procedure for the Kerper Blvd. Sanitary Sewer Reconstruction Project. It is further recommended that a public hearing be set for November 5, 2018. RESOLUTION Kerper Blvd. Sanitary Sewer Reconstruction Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for November 5,2018 2. Residential Parking Permit District H Amendment City Manager recommending that a public hearing be set for November 5, 2018, to increase the existing Residential Parking Permit District H to include both sides of Phyllrich Drive between Keymont Drive and Keystone Drive. RESOLUTION Setting a public hearing on amending Residential Parking Permit District H to include both sides of Phyllrich Drive between Keystone Drive and Keymont Drive Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for November 5, 2018 3. State Revolving Fund (SRF) Sanitary Sewer Capital Loan Notes Series 2018C City Manager recommending that a public hearing be set for November 5, 2018, on the proposition of selling not to exceed $4,900,000 in Sewer Revenue Capital Loan Notes (State Revolving Loan Fund Program), the proceeds of which will be used to pay costs for Kerper Boulevard Sanitary Sewer Reconstruction and the Eagle Point Park Environmental Restoration Sponsorship project. RESOLUTION Fixing Date for a meeting on the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $4,900,000 Sewer Revenue Capital Loan Notes of the City of Dubuque, Iowa, and providing for publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for November 5, 2018 BOARDS/COMMISSIONS Appointments to the following commissions to be made at this meeting. 1. Airport Commission One, 4 -year term through July 1, 2022 (Vacant term of Chambers) Applicant: 1. Michael Philips, 1029 Dunham Dr. This commission is subject to the State of Iowa Gender Balance Law. 5 Commissioners total; currently 2 males/2 females Yays Nays ,/ Jones 1 Resnick i/ Larson i,,,-- Buol ✓ .- Del Toro Shaw / Rios 2. Housing Commission • One, 3 -year term through August 17, 2021 (Vacant term of Hoeper) Applicants: 1. Michelle Becwar, 2115 Coates St. 2. Antonino T. Erba, 1505 Fairview PI. Jones Resnick Larson Michelle Becwar Antonino T. Erba Buol Del Toro Shaw Rios 3. Human Rights Commission One, 3 -year term through January 1, 2020 (Vacant term of Perry) Applicants: 1. Jason Keeler, 3259 Arrowwood Ln. (Additional Application) 2. Erin Muenster, 2030 Embassy West Dr. 3. David Olson, 909 Spires Dr. 4. Samuel Wright, 508 West Locust St., This commission is subject to the State of Iowa Gender Balance Law. 9 Commissioners total; currently 4 males/4 females Jason Keeler Erin Muenster David Olson Samuel Wright Jones Resnick Larson Buol Del Toro Shaw Rios ✓ ✓ 4. Resilient Community Advisory Commission One, 3 -year term through July 1, 2020 (Vacant term of Hoeper) Applicants: 1. Lalith Jayawickrama, 2360 Cherry St. Laura Loucks, 444 1/2 5th St. (Application Pulled by Applicant Yays Nays ,/ Jones ././ Resnick Larson 1 —7 Buol 7 Del Toro f Shaw i Rios Lc I i 55 PUBLIC HEARINGS 1. John F. Kennedy Road Sidewalk Installation Project Proof of publication on notice of public hearing to consider approval of the plans, specifications, form of contract and the estimated cost for the John F. Kennedy Road Sidewalk Installation Project, and the City Manager recommending approval. RESOLUTION with Respect to the adoption of the Resolution of Necessity proposed for the John F. Kennedy Road Sidewalk Installation Project RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the John F. Kennedy Road Sidewalk Installation Project RESOLUTION Approving the Schedule of Assessments and estimate of total cost for the John F. Kennedy Road Sidewalk Installation Project Suggested Disposition: Receive and File; Adopt Resolutionfs) Yays Nays ✓ Jones 1 ✓ Resnick ✓ Larson ✓ Buol Del Toro 1...---- ✓ t.." Shaw Rios ✓ S c Lice II_ i SSS M®r, Rte..._._.. Pr). �. &(0. plc` c 54,..`�a- ,• cir01 V11 csef Icy 2. Miracle League of Dubuque Lease Agreement - Veterans' Memorial Park Proof of publication on notice of public hearing to consider approval of a Lease Agreement between the City of Dubuque, Iowa, and the Miracle League of Dubuque for a portion of Veterans' Memorial Park, and the City Manager recommending approval. RESOLUTION Approving the disposal of an interest in real property owned by the City of Dubuque by Lease between the City of Dubuque, Iowa and the Miracle League of Dubuque Suggested Disposition: Receive and File: Adopt Resolution(sl Yays Nays ✓ Jones 1 ✓--' Resnick Larson a `- Buol ✓- Del Toro '-'' Shaw "' Rios 3. Planned Unit Development (PUD) Amendment for South Pointe Subdivision Proof of publication on notice of public hearing to consider approval of a request from Dubuque South Pointe, LLC to amend the South Pointe PUD to revise townhouse setback requirements in the South Pointe Subdivision, and the Zoning Advisory Commission recommending approval subject to decks having a rear -yard setback of two feet. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances Unified Development Code by rescinding Ordinance 14-18 which provides regulations for the South Pointe PUD Planned Unit Development District with a Planned Residential Designation and now being amended to modify setback requirements for Townhouse Dwellings Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays ✓ Jones 1 ✓ Resnick . /` Larson / Buol Del Toro ,/ Shaw ./ Rios Final Reading and Adopt Yays Nays %/ Jones j /- Resnick 7 /` Larson ,' Buol Del Toro ,/ Shaw ./ Rios 4. Request to Rezone - 701 Bluff Street Proof of publication on notice of public hearing to consider approval of a request from K&L Leasing, LLC to rezone property at 701 Bluff Street from OR Office Residential to C-4 Downtown Commercial Zoning District, and the Zoning Advisory Commission recommending approval subject to decks having a rear -yard setback of two feet. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances Unified Development Code by rescinding Ordinance 14-18 which provides regulations for the South Pointe PUD Planned Unit Development District with a planned Residential Designation and now being amended to modify setback requirements for Townhouse Dwellings Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays Nays ,/ Jones Q Resnick ✓' Resnick Larson ,✓ Larson ,.. ✓ Buol ,/, Shaw I /° Del Toro Rios .7 Shaw 1 ✓ Rios Final Reading and Adopt Yays Nays ✓ Jones -- Resnick ✓" Larson ,� Buol ,.. Del Toro ,/, Shaw I .7 Rios PUBLIC INPUT BC'Ljcjkr\ 389 3 Cra.s6x-. SG SN,c.11��- \Tha \4 h c--ctcsL b', 1S.05 ROLSeT.rN,oc,A S+ . C�cascval 6c.‘o. c - SCc 4 Ell LIn‘u.a..c'S`1 14t�� P S nL ,s ra•Su .CI. %-pOkcc, Cc c 2s °'2)I\ &mc), V i' "G c - It c_a_kt Arc:, I i C c.t.,tt *0& ACTION ITEMS 1. Water Main Extension to Tamarack Park Project Award City Manager recommending award of the Tamarack Park Water Main Extension Project 2018 contract to the low bidder Top Grade Excavating, Inc. RESOLUTION Awarding Water Main Extension to Tamarack Park Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays ,j Jones -/ Resnick 1 ,/ Larson ✓ Buol ,✓ Del Toro.p. ✓ Shaw .✓ Rios 2. Request to Reconsider - Southwestco Wireless, LLC Lease Supplements (October 1, 2018) Added Late Correspondence from Council Member Jake Rios requesting reconsideration of the October 1, 2018 Public Hearing item 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. Suggested Disposition: Receive and File; Council Yays Nays Jones „7 Resnick Larson. Buol ,- Del Toro ✓' Shaw Rios 1 00-1 3. Replace Part -Time with Full -Time Bus Operator Positions City Manager recommending that three part-time positions be eliminated December 1, 2018 and replaced with three full-time positions effective that same date. Suggested Disposition: Receive and File; Approve Yays Nays ✓" Jones 1 ✓ Resnick ✓' Larson ,/ Buol , - Del Toro V. Shaw % Rios 4. Code of Ordinances Amendment - Tile 10 Use of Personal Cooking Devices in Parks, Parkways, Trails or Open Spaces City Manager recommending approval of an amendment to Section 10-5B-17 of the Code of Ordinances to add language that allows the use of personal cooking devices in parks, parkways, trails or open spaces. This amendment will allow the use of portable charcoal and gas grills. ORDINANCE Amending the City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 5 Parks and Recreation, Article B Use Regulations, Section 10- 5B-17 Fires Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays zs Jones 1 b}.0' ,�- Resnick ✓ Larson .— Buol ✓' Del Toro Q w/' Shaw .f Rios Final Reading and Adopt Yays Nays zs Jones D 0 ,i Resnick 1 ✓ Larson ✓' Buol ,.,-- Del Toro Q , Z Shaw �- Rios 5. Iowa Department of Transportation Iowa Clean Air Attainment Program (ICAAP) Federal Fiscal Year 2020 Grant Funding for Smart Traffic Routing with Efficient and Effective Traffic Signals (STREETS) Improvements City Manager recommending approval to submit an application in partnership with Dubuque Metropolitan Area Transportation Study (DMATS) for an Iowa Department of Transportation Iowa Clean Air Attainment Program (ICAAP) application to assist with funding Smart Traffic Routing with Efficient and Effective Traffic Signals (STREETS) improvements. RESOLUTION Authorizing the filing of an Iowa Clean Air Attainment Program Application with the Iowa Department of Transportation (IADOT) in partnership with Dubuque Metropolitan Area Transportation Study (DMATS) to assist with the funding of Smart Traffic Routing with Efficient and Effective Traffic Signals (Streets) Improvements Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays ✓ Jones ✓ Resnick 4✓ Larson ✓J Buol ./. Del Toro' c.7', Shaw ,✓ Rios 6. Additional General Fund Reserve Contribution and Frozen Positions City Manager recommending approval of an additional contribution to the general fund reserve in Fiscal Year 2019 and funding all frozen positions effective January 1, 2019, with exception of the Parks Division maintenance worker which will be funded March 1, 2019. Suggested Disposition: Receive and File; Approve Yays Nays ✓ Jones ,,Q Resnick ✓ Larson j ✓' Buol ✓ Del Toro Shaw -" Rios 7. Request for Work Session - Travel Dubuque Quarterly Work Session Travel Dubuque President & CEO Keith Rahe requests the City Council schedule a work session for November 5, 2018 at 5:30 p.m. in the Council Chambers for the Travel Dubuque quarterly update. Suggested Disposition: Receive and File; Council Yays Nays ,/ Jones 1 —. Resnick Larson Buol ,/ Del Toro ✓ Shaw ,/ Rios 8. Request for Work Session - Sustainable Dubuque Quarterly Work Session City Manager requesting that the City Council schedule the Sustainable Dubuque quarterly work session for Monday, November 26 at 6:00 p.m. in City Council Chambers. Suggested Disposition: Receive and File; Council Yays Nays „v Jones 1 (^ Resnick ✓ Larson L-" Buol -" Del Toro Shaw .7"--- Rios a COUNCIL MEMBER REPORTS CL ' SED SESSION @ p.m. Pen ng Litigation and Real Estate Transfer Negotiations — Chapter 21.5(1)(c), -(j) Code of low state: for the record that the attorney who will consult with City Council on the issues to b\ discussed in the closed session is City Attorney Crenna Brumwell. Yays Nays ✓ Joh', s ✓ Resni,k Larson .7 Buol Del Toro .i Shaw Rios Reconvened in open session ADJOURNMENT @ ID' p. Yays Nays ✓ Jones ✓ Resnick Larson 1 .7 Buol Del Toro. .i Shaw Rios p.m. r ,/ les Sts 4557, TO: Kew SJEi.rnsiahl, City Clerk You are hereby directed to call a Regular Session of the City Council to be held on Monday, October 15, 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 1-5 Roy D. Buol, Mayor