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10 15 18 City Council Agenda ROLL CALL OR�ER FOR MEETING OF OUobe� 15, P018 Jores, Resnick, La�son, Buol, �elTo�o, SM1aw, Rios CITYOF �OBOQOE, IOWA `�yOFpv CITYCOONCILMEETING �:�.�O Hislo�icFetle�alBuiltling p �(s�� p 350 W. BlM1 SIreM `� . ^"+� Oclobe� 15, P018 Coundl meetings are vitleo streametl live antl arcM1ivetl at www.cityoMubuque.org�metlia antl on �ubuque's CilyCM1anrel on lM1e Metliacom cabk syslem al cable cM1anrelB antl tligilal 11].P REGOLAR SESSION 8:00 PM PLE�GE OFALLEGIANCE PROCLAMATION�S) 1. GeMkRen �ay �Oclobe� i], P018) CONSENTITEMS me o urrt agenaa ¢ems are r.onsaerea m ee ro�ene ana non-r.orrtrmrersai ana au r.onserrt irems �ueen mauywrea �pon �i sngiemoeonwimo�eanyseparareais��ss�ononapamowarirem. ir you v.oultl like m tliuuss one of[M1e ConurR IRirs, please go m Ne micmpM1one aM be remgnizetl by Ne Mayo� antl smR Ne IRm you v.oultl like removetl fmm Ne ConserRHgeMa fo� sepa�aR ais��saon ana r.onsmeraeon. 1. Minutes antl Reports Submilletl ciy cowcii amceeaingsof mn; Hismric areservaeon commiss�on rn s�2q �ibrery soem rn imsrees Minu[es af ]/26, &/23 entl Cawcil UptleR #1]5 N ]/26; Pe�k eM Recreetian Htivimry Cammissian af 9/26; Zaning Htivimry Cammissian af IDB; Zaniqq Bae�tl af HtljusOnen[af 9/9; PmN af publicetian fa� Ciy Cawcil Pmceetlings af 9i1]; Praof af Publiceean br Lismf Cleims eM Summery af Fevenues br MorM Entling &B1/18 Suggesletl �isposilion: Receive antl File P. Noliw M Claima antl Suits Jeffrey KasRin far pmpelry tleirege, LiMsey Lennen far �eM1icle tlemege, eM HMrew Tapping far veM1icletlemege_ Suggesletl �isposilion: Rewive antl File; Rehrto CityAllo�rey 3. Noliw M Claima antl Suits c�y ammey aaus�re m�me rauaw�re �ia�ms na� eeen rererrea m a�eim enery wsk seMoes rn m.a, tM1e agentfor tM1e lov.a CommunitiesHssurence PooL Jeffrey KosRin for pmpely tleirege eM HMrew TappiRg far veM1icle tlemage Suggesletl �isposilion: Receive antl File; Conw� A LMle� MSupportb� RegionalT�ansilAutM1o�ity �RTA� G�anlApplication 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 lowa Department of Transportation (IDOT) Suggested Disposition: Receive and File 5. Approval of City Expend'Rures City Manager recommending City Council approval for payment of City e�enditures. Suggested Disposition: Receive and File; Approve 6. Federal Emergency Management Agency(FEMA) Flood Map Meeting Information City Manager transmitting information thatthe Federal Emergency ManagementAgency (FEMA) and the lowa Department of Natural Resources (I DNR) 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 JusticeAssistance (JAG) Grant City Manager recommending approval to acceptthe 2018 JusticeAssistance Grant(JAG)., Suggested Disposition: Receive and File; Approve 8. lowa Clean Air Attainment (ICAAP) Grant Submission City Manager recommending approval of the submission of an lowa Clean Air Attainment Grant by DJ MP Engine Solutions on behalf of Newt Marine Services. RESOLUTION Authorizing the filing of an lowa Clean Air Attainment Program application with the lowa Department of Transportation (I DOT) 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 W illiam H. Richard Jr. as Trustee of the W illiam H. Richard, Jr. Living Trust for Richard 2nd Addition in Dubuque County. RESOLUTION Approving a Pre-Annexation Agreement between the City of Dubuque, lowa and W illiam H. Richard, Jr. as Trustee ofthe William H. Richard, Jr. Living Trust Suggested Disposition: Receive and File; Adopt Resolution(s) 10. Pre-Annexation Agreement - E. William and Margaret Walser City Manager recommending approval of a Pre-Annexation Agreement with E. W illiam Walser and Margaret Walserfor property in WalserAddition in Dubuque County. RESOLUTION Approving a Pre-Annexation Agreement between the City of Dubuque, lowa and E. W illiam and Margaret Walser Suggested Disposition: Receive and File; Adopt Resolution(s) 11. Pre-Annexation Agreements - Roeder Realty LIIP 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, lowa 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 E�avating, 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 de�lopers, Hansel Properties, LLC, have recently completed in Cedar Lake East 13th Addition. RESOLUTION Accepting public improvements on W indmill Lane in Cedars Lake East 13th Addition in the City of Dubuque, lowa Suggested Disposition: Receive and File; Adopt Resolution(s) 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 properly, 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 E#ension 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, lowa 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 I ndian Room Roof Replacement Project, as completed by Gronen Restoration, I nc. 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 e�cute a 28E Agreement between Dubuque County, the City of Dubuque and John Deere Dubuque Works for a Traffic I mprovement 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 18. Upper Bee Branch Railroad CuNert Crossing Project, PropertyAcquisition (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 Cul�rts 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 CuNert Crossing Project PropertyAcquisition 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 properly legally described as Lot 2 Ri�rview Plaza No. 3, owned by HW Y 151 & 61 De�lopment, LLC, for the construction and maintenance of the Upper Bee Branch Railroad Culverfs Project. RESOLUTION Approving the acquisition of easements through certain real property owned by HW Y 151 & 61 De�lopment, LLC in the City of Dubuque, lowa Suggested Disposition: Receive and File; Adopt Resolution(s) 20. Upper Bee Branch Creek Railroad Culverts Project PropertyAcquisition (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, lowa Suggested Disposition: Receive and File; Adopt Resolution(s) 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 W inter 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 AcknowledgmenVSettlementAgreement for an alcohol compliance violation for Beecher Liquor, 1695 Asbury Road. Suggested Disposition: Receive and File; Approve 23. Alcohol LicenseApplications 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 Ttle 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and W ine Licenses and Permits 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. Kerper BNd. 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 No�mber 5, 2018, to increase the existing Residential Parking Permit District H to include both sides of Phyllrich Dri� between Keymont Drive and Keystone Drive. RESOLUTION Setting a public hearing on amending Residential Parking Permit District H to include both sides of Phyllrich Dri� between Keystone Dri� and Keymont Drive Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for November 5, 2018 3. State RevoNing Fund (SRF) Sanitary Sewer Capital Loan Notes Series 2018C City Manager recommending that a public hearing be set for No�mber 5, 2018, on the proposition of selling not to e�eed $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, lowa, and providing for publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for November 5, 2018 BOARDS/COMMISSIONS 1. Boards and Commission Appointments Appointrnents to the following commissions to be made at this meeting. Airport Commission One, 4-year term through J uly 1, 2022 (Vacant term of Chambers) Applicant: Michael Phillips, 1029 Dunham Dr. This commission is subject to the State of lowa Gender Balance Law. 5 Commissioners total; currently 2 males/2 females Housing Commission One, 3-year term through August 17, 2021 (Vacant term of Hoeper) Applicants: Michelle Becwar, 2115 Coates St. Antonino T. Erba, 1505 Fairview PI. Human Rights Commission One, 3-year term through January 1, 2020 (Vacant term of Perry) Applicants: Jason Keeler, 3259Arrow�n�ood Ln. (AdditionalApplication) Erin Muenster, 2030 Embassy West Dr. David Olson, 909 Spires Dr. Samuel Wright, 508 West Locust St. This commission is subject to the State of lowa Gender Balance Law. 9 Commissioners total; currently 4 males/4 females Resilient Community Advisory Commission One, 3-year term through J uly 1, 2020 (Vacant term of Hoeper) Applicants: Lalith Jayawickrama, 2360 Cherry St. Laura Loucks, 444 Yz 5th St. (Application Pulled by Applicant) 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. 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 I nstallation 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 Resolution(s) 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, lowa, 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, lowa and the Miracle League of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s) 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 Ttle 16 of the City of Dubuque Code of Ordinances Unified De�lopment 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 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. ORDINANCE Amending Ttle 16 of the City of Dubuque Code of Ordinances Unified De�lopment 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 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. I ndividual remarks are limited to fi� minutes, and the overall Public I nput period is limited to 30 minutes. Under the lowa Open Meetings Law, the City Council can take no formal action on comments given during Public I nput 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. Water Main Extension to Tamarack Park Project Award City Manager recommending award of the Tamarack Park Water Main E#ension 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) 2. Request to Reconsider - Southwestco Wireless, LLC Lease Supplements (October 1, Added 2018) Late Correspondence from Council Member Jake Rios requesting reconsideration of the October 1, 2018 Public Hearing item I ntent to Dispose of an I nterest in Real Property Owned by the City of Dubuque by Lease Supplements Between the City of Dubuque, lowa and Southwestco W ireless, I nc. D/B/A Verizon W ireless. Suggested Disposition: Receive and File; Council 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 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 Ttle 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 5. lowa Department of Transportation lowa 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 Transporfation Study (DMATS) for an lowa Department of Transportation lowa 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 lowa Clean Air Attainment ProgramApplication with the lowa Department of Transporfation (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) 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 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 No�mber 5, 2018 at 5:30 p.m. in the Council Chambers for the Travel Dubuque quarterly update. Suggested Disposition: Receive and File; Council 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 COUNCIL MEMBER REPORTS CLOSED SESSION Pending Litigation and Real Estate Transfer Negotiations—Chapter 21.5(1)(c), -(j) Code of lowa ADJOURNMENT The agenda with supporting documents may be accessed at v�.cityofdubuque.org or at the City Clerk's Office, 50 W. 13th Street, during regular business hours. This notice is gi�n pursuant to Chapter 21, Code of lowa, and applicable local regulations of the City of Dubuque, lowa and/or go�rnmental 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.