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1 22 19 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 January 22, 2019 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor uol; Council Members Del Toro, Jdfies, City Manager Van,Milligen, City Attorney,Brumwell v At: arson, Resnick, Rios,/w; Sa 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. Eagles Eyes on the Future Month (January 2019) was accepted by Michael Duehr the Fraternal Order of Eagles, 1175 Century Drive. 1 Yays Nays Jones Buol -` Del Toro /' Larson Rios Shaw t Resnick CONSENT ITEMS /r/A 1. Minutes and Reports Submitted Airport Commission of 5/15/18, 6/25/18, 8/6/18, 9/24/18; City Council Proceedings of 1/7/19; Cable TV Commission of 1/9/19; Library Board of Trustees Minutes of 10/25/18, 11/29/18; and Council Update #178 of 12/20/18; Resilient Community Advisory Commission of 10/4/18, 11/1/18, 12/6/18 and 1/3/19; Transit Advisory Board of 1/10/19; Zoning Advisory Commission of 1/2/19; Proof of Publication for City Council Proceedings of 12/17/18. Suggested Disposition: Receive and File 2. Notice of Claims and Suits SPT Real Estate, LLC / Shawn Thomas, Sr., 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: SPT Real Estate, LLC / Shawn Thomas, Sr., for property damage. Suggested Disposition: Receive and File; Concur 4. Approval of City Expenditures City Manager recommending Council approval for payment of City expenditures. RESOLUTION 23-19 Authorizing the Finance Director -City Treasurer to make certain payments of bills that must be paid and approved for payment in accordance with City procedures Suggested Disposition: Receive and File; Adopt Resolution(s) 5. Historic Route 20 Designation City Manager recommending approval of a resolution in support of the designation of Highway 20 in the City limits of Dubuque as Historic Route 20. RESOLUTION 24-19 Declaring support of designation and intent of the placement of Historic Route 20 signage on the state -maintained road Suggested Disposition: Receive and File; Adopt Resolution(s) 2 Yays Nays Jones Buol Del Toro Larson Rios Shaw Resnick 6. Finance Department - Cashier Position City Manager recommending approval to eliminate one Cashier position and create one Account Clerk I position in the Finance Department. Suggested Disposition: Receive and File; Approve 7. Industrial Electronics Technician City Manager recommending that the vacant Maintenance Electrician position at the Water and Resource Recovery Center be reclassified and retitled as an Industrial Electronics Technician and the Electronic Technician position also be retitled as an Industrial Electronics Technician. Suggested Disposition: Receive and File; Approve 8. Civil Service Commission - Certified List Civil Service Commission submitting the Certified List for the position of Bus Operator. Suggested Disposition: Receive and File; Make Matter of Record 9. Resilient Community Advisory Commission Request to Declare Position Vacant Correspondence from the Resilient Community Advisory Commission requesting that a position be declared vacant and a replacement appointed. Suggested Disposition: Receive and File; Approve 10. Kohl's Property Tax Appeal Stipulation of Settlement Senior Counsel recommending approval of a Stipulation of Settlement for a property tax appeal filed by Kohl's for their property at 2595 NW Arterial. Suggested Disposition: Receive and File; Approve 11. Pre -Annexation Agreement - Mathy Construction City Manager recommending approval of a Pre -Annexation Agreement with Mathy Construction Company for property located at 4900 Dodge Street, which is located outside the City limits. RESOLUTION 25-19 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Mathy Construction Company Suggested Disposition: Receive and File; Adopt Resolution(s) 3 Yays Nays Jones Buol Del Toro Larson Rios Shaw Resnick 12. Pre -Annexation Agreement - Brian and Angela Link City Manager recommending approval of a Pre -Annexation Agreement with Brian R. and Angella M. Link, property owners of Lot 4 in Twin Ridge Subdivision No. 4. RESOLUTION 26-19 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Brian R. and Angella M. Link Suggested Disposition: Receive and File; Adopt Resolution(s) 13. Community Housing Initiative (CHI) Second Amendment to Agreement City Manager recommending approval of the Seconded Amendment to the Agreement between the City of Dubuque and Community Housing Initiatives (CHI) to reflect the increased amount of the City's contribution for the remaining 16 units. RESOLUTION 27-19 Approving the Second Amendment to the Agreement between the City of Dubuque, Iowa and Community Housing Initiatives Suggested Disposition: Receive and File; Adopt Resolution(s) 14. Fiscal Year 2019 Community Development Block Grant Annual Action Plan Amendment 1 City Manager recommending approval of the Fiscal Year 2019 Amendment 1 to the Community Development Block Grant (CDBG) Annual Action Plan. RESOLUTION 28-19 Adopting Amendment 1 to the Fiscal year 2019 (Program Year 2018) Community Development Block Grant (CDBG) Annual Action Plan. Suggested Disposition: Receive and File; Adopt Resolution(s) 15. Purina Drive Salt Storage Fabric Building Project Acceptance City Manager recommending acceptance of the construction contract for the Purina Drive Salt Storage Fabric Building Project as completed by A & B Construction Limited. RESOLUTION 29-19 Accepting the Purina Drive Salt Storage Fabric Building Project and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 16. Acceptance of Public Improvements in South Pointe Subdivision City Manager recommending acceptance of the public improvements that the developer, Dubuque South Pointe, LLC, has recently completed in South Pointe Subdivision. RESOLUTION 30-19 Accepting Public Improvements in the South Pointe Subdivision in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 4 Yays Nays 1 \Jones Buol Del Toro Larson Rios 1 Shaw 2 Resnick 17. Acceptance of 2017 Windsor Avenue Sanitary Sewer Manhole Project City Manager recommending acceptance of the public improvement construction contract for the 2017 Windsor Avenue Sanitary Sewer Manhole Project as completed by Drew Cook & Sons Excavating. RESOLUTION 31-19 Accepting the 2017 Windsor Avenue Sanitary Sewer Manhole Project Suggested Disposition: Receive and File; Adopt Resolution(s) 18. Upper Bee Branch Creek Railroad Culverts Project - Revised Notice to Bidders and Bid Letting Date City Manager recommending approval of a resolution changing the deadline for submission of bids for the Upper Bee Branch Creek Railroad Culverts Project to 2:00 p.m. on February 5, 2019. RESOLUTION 32-19 Ratifying, confirming, and approving the change in deadline for submission of bids and publication of an Amended Notice to Bidders for the Upper Bee Branch Creek Railroad Culverts Project Suggested Disposition: Receive and File; Adopt Resolution(s) 19. Dubuque Metropolitan Area Solid Waste Agency (DMASWA) Budget and Fee Schedule Correspondence from the Dubuque Metropolitan Solid Waste Agency informing the City of the Agency's Fiscal Year 2020 Budget and Fee Schedule. Suggested Disposition: Receive and File `20. Citizen Petition for Residential Parking District for Norland Drive Citizen Petition submitted by Tony Fassbinder on behalf the Norland Drive neighborhood supporting a Residential Parking District from 7:00 a.m. to 3:00 p.m. Monday through Friday. Suggested Disposition: Receive and File; Refer to City Manager., ------ 21. Signed Contract(s) Revocable License with Bries Holding, LLC for an ADA access ramp at 1046 Central Avenue. Suggested Disposition: Receive and File 5 Yays Nays Jones Buol Del Toro Larson Rios Shaw Resnick 22. Alcohol License Applications City Manager recommending approval of annual beer, liquor and wine licenses as submitted. RESOLUTION 33-19 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) 6 ITEMS SET FOR PUBLIC HEARING 1. Dubuque County Historical Society Ice Harbor Fifth Amendment to Lease Agreement 2/4/19 2. Public Hearing for Fiscal Year 2020 Community Development Block Grant Annual Action Plan 2/13/19 3. 22nd Street/Kaufmann Avenue Storm Sewer Improvements Project (White Street to Kleine Street) 2/18/19 1. Dubuque County Historical Society Ice Harbor Fifth Amendment to Lease Agreement Senior Counsel recommending that the City Council set a public hearing on February 4, 2019 to consider the intent to dispose of an interest in City -owned real estate by Fifth Amendment to Lease Agreement between the City of Dubuque, Iowa and Dubuque County Historical Society (DCHS). RESOLUTION 34-19 Intent to dispose of an interest in real property by Fifth Amendment to Lease between the City of Dubuque, Iowa and Dubuque County Historical Society Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for February 4, 2019 2. Public Hearing for Fiscal Year 2020 Community Development Block Grant Annual Action Plan City Manager recommending that the Fiscal Year 2020 Community Development Block Grant Annual Action Plan be set for public hearing on February 13, 2019. RESOLUTION 35-19 Setting a public hearing on the Fiscal Year 2020 (Program year 2019) Community Development Block Grant (CDBG) Annual Action Plan budget Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for February 13, 2019 3. 22nd Street/Kaufmann Avenue Storm Sewer Improvements Project (White Street to Kleine Street) City Manager recommending initiation of the public bidding procedure for the 22nd Street/Kaufmann Avenue Storm Sewer Improvements Project (White Street to Kleine Street), adoption of resolutions preliminarily approving the proposed plans, specifications, form of contract, and estimated cost, and further recommends that a public hearing be set for February 18, 2019. RESOLUTION 36-19 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 February 18, 2019 Yays'Nays G Jones ice-' Buol V Del Toro Larson tom ,- Rios V Shaw Resnick 7 BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their application for appointment. 1. Community Development Advisory Commission (Review) One, 3 -Year term through February 15, 2022 (Expiring terms of Boles and Hinke) Applicants: Dean Boles, 1715 Geraldine Dr.; Hinke, Michelle, 973 Patricia Ann Dr. 2. Investment Oversight Committee (Review) One, 3 -Year term through July 1, 2021 (Vacant term of Fe Applicant: Luke Schiltz, 2955 Van Buren St. 21 raro) 3. Mediacom Charitable Foundation (Review) One, 1 -Year term through December 31, 2019 (Expired term of Twining) Applicant: Constance Twining, 1818 Avalon Rd. 4. Resilient Community Advisory Commission (Review) Commission requesting Carrie Lohmann be appointed to the vacant term of Drahozal which has a cross -representation requirement thus allowing her current At -Large term to be filled. One, 3 -Year term through August 30, 2019 (Vacant Cross representation term of Drahozal) Applicants: Carrie, Lohmann, 1879 Denver Dr. (Currently on the Transit Advisory Board, Qualifies for Cross Representation); One, 3 -Year term through July 1, 2019 (Vacant At -Large term of Lohmann) One, 3 -Year term through July 1, 2021 (Vacant At -Large term of Darr) Applicants: Jacob Kahlhaas, 1125 Richards Rd.; and Adam Hoffman, 1910 Marion St. 8 PUBLIC HEARINGS 1. Approving a Development Agreement by and among the City of Dubuque, Dupaco Voices, LLC, and Dupaco Community Credit Union to Redevelop Property at 1000 Jackson Street Proof of publication on notice of public hearing to consider approval of a proposed Development Agreement between and among Dupaco Voices, LLC, Dupaco Community Credit Union and the City of Dubuque providing for the issuance of Urban Renewal Tax Increment Revenue Grant Obligations for development of property at 1000 Jackson Street, and the City Manager recommending approval. RESOLUTION 37-18 Approving a Development Agreement by and among the City of Dubuque, Iowa, Dupaco Voices, LLC, and Dupaco Community Credit Union, including providing for the issuance of Urban Renewal Tax Increment Revenue Obligations, for the redevelopment of 1000 Jackson Street Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays jJones Buol Del Toro Larson Rios Shaw �,� ,,Resnick 2. Request to Rezone 690 W. Locust Street Proof of publication on notice of public hearing to consider a request from Kava Real Estate, LLC to rezone property at 690 W. Locust St. from C-1 Neighborhood Commercial District to C-3 General Commercial District, and the Zoning Advisory Commission recommending approval with the condition that a bar/tavern be struck from the list of permitted uses. ORDINANCE 7-19 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 690 W. Locust Street from C-1 Neighborhood Commercial District to C-3 General Commercial District with conditions, as established in the attached Memorandum of Agreement Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays v1 Jones Jones A Buol k Del Toro9 Larson Rios d Shaw e Rios Resnick Final Reading and Adopt Yay, s Nays (/ / Jones 1s' Buol Del Toro Larson e Rios Shaw (- el Resnick 10 3. Request to Amend Planned Unit Development (PUD) for Warren Plaza Proof of publication on notice of public hearing to consider approval of a request from Josh Kuhn to amend the Warren Plaza Planned Unit Development (PUD) at 3500 Dodge Street to permit 3 freestanding directory signs, with the Zoning Advisory Commission recommending approval of two, 30 -square -foot signs; and one, 65 -square - foot sign. ORDINANCE 8-19 Amending Title 16, the Unified Development Code of the City of Dubuque Code of Ordinances by rescinding Ordinance 21-17 which provides regulations for the Warren Place PUD Planned Unit Development District with a Planned Commercial Designation at 3500 Dodge Street and now being amended to allow for the installation of three directional signs Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays Jones " Buol Del Toro J Larson ,/,,,j, Rios Shaw F7 Resnick Final Reading and Adopt Yam/ Nays Jones " Buol Del Toro Larson Rios Shaw Resnick 11 PUBLIC INPUT 4_)7 ---&3164 44i ioe/ Ain 9Vii0 tie4 z,o /0 5 ACTION ITEMS 1. Code of Ordinances Amendment Title 16 - Zoning Advisory Commission Voting Quorum (Final Reading) Zoning Advisory Commission recommending approval of amending ordinance the Unified Development Code (Zoning Ordinance) sections 16-9-1 (J)(5), 16-9-5-2(B), 16- 9-6-2(B), and 16-9-6-3 to modify voting requirements for the Zoning Advisory Commission. ORDINANCE 2-19 Amending Title 16 Unified Development Code of The City Code of Ordinances, by Amending Section 16-9-1(J)(5), Section 16-9-5-2(B), Section 16-9-6- 2(B) And Section 16-9-6-3 to Remove the Requirement for a Minimum of Four Affirmative Votes by the Zoning Advisory Commission for a Recommendation of Approval for Rezonings and Text Amendments Suggested Disposition: Receive and File; Motion B; Motion A Spend the Readings Yays Yays Nays /Nays Jones nes Buol B I Del Toro Del T ro Larson Lar o ,, Rios Os Shaw Ahaw -Resnick Resnick Final Reading and Adopt Yays Nays Jones Buol Del Toro Larson Rios Shaw -Resnick ,6?,9Vr, *iWd) 13 2. Source of Income Annual Report, Recommendations and Proposed Code of Ordinances Amendment - Title 14 Housing Choice Voucher Program City Manager transmitting the 2018 Source of Income Annual Report and recommending that the City Council approval of an ordinance requiring property owners or managers to report which rental units accept Housing Choice Vouchers during the annual rental license process, generates a list of participating landlords, and collects data that will allow for further analysis of the housing needs in the City of Dubuque. ORDINANCE 9-19 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article J Property Maintenance Code, Section 14-1J-3 Rental Licenses Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays - — Nays kir Jones Buol Del Toro P Larson Rios Shaw 2,44 Resnick C9 Final Reading and Adopt Yays, Nays V Jones Buol Del Toro P Larson Rios Shaw Resnick 14 3. Childcare Pilot Project Funding City Manager recommending approval to provide the initial funding for the Childcare Pilot Project that provides free childcare to Opportunity Dubuque students and graduates. RESOLUTION 38-19 Approving funding for the Opportunity Dubuque Childcare Pilot Program Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Jones Buol viii Del Toro Larson Rios Shaw Resnick 46-11A pee, 1)2/44/. /-722041740 4iL ek f doevA /00Z--- 4b ,//11 /4/04, 15 4. Letter to Federal Legislators -Partial Federal Shutdown effect on Housing Choice Vouchers and Additional Information on What the Government shutdown means for Dubuque. City Manager providing a letter to Federal Legislators regarding the partial Federal shutdown effect on Housing Choice Vouchers and additional information on what the Government shutdown means for Dubuque. 1. Staff Report - Departmental Impacts of Federal Government Shutdown; 2. U.S. Department of Housing and Urban Development - Accessing HUD -Held Housing Assistance Payment Reserves; 3. White House - FAQ During a Lapse in Appropriations; 4. Committee for a Responsible Federal Budget - Q&A Everything You Should Know About Government Shutdowns; 5. National League of Cities - What a Partial Government Shutdown Means for City Leaders Suggested Disposition: Receive and File YaysNays }/'/� Jones Buol /7 Del Toro Larson , Rios Shaw Resnick 16 5. Recommendations to Improve the Customer Experience Based Upon the Smart Meter Pilot City Manager recommending that the City move forward with creating a comprehensive plan for the implementation of a Smart Parking Services Platform. Suggested Disposition: Receive and File; Approve Yays Nays it.,;" Jones Buol ' Del Toro Larson 4 Rios Shaw 1/:a Resnick r.�' q4b/b fril#477 i/ok /76 /9/6//4* delhey /4,407e L 17 gab' dam,/ 4d*Vze 6. SW Arterial Construction Update Video Cable TV Division will show a video of the recent progress of the Southwest Arterial Project Suggested Disposition: Receive and File Yays, Nays Jones Buol Del Toro , Larson Rios Shaw / Resnick 18 COUNCIL MEMBER REPORTS CLOSED SE p.m. Pending Litigat'• n and'eaJ Estate Transfer Negotiations — Chapter 21.5(1)(c), -(j) Code of Iowa stated for th , r; corethat the attorneys who will consult with City Council on the issues to be discu '1n the closed session are Yays Nays / Jones Buol Del T. ro �/',. Larso 1% Rios i -' Sha Resnick ADJOURNMENT @ Yay Nays / Jones Buol Del Toro �/',. 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