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3 18 19 City Clerk's Skeleton NotesCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:30 p.m. on March 18, 2019 in the second -floor Council. Chamber of the Historic Federal B fildinq,-350 W. 6th Street. Present: Mayor Bol; Council Members Del Toro, Jones, Larson, ResnickShw; City Manager Van Milligen, City Attorney'Brumwell Absent: A-agi 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 the Project H.O.P.E. quarterly report. WORK SESSION Project H.O.P.E. Quarterly Report Yays Nays / Jones Straw Rios Del Toro Buol S' / Resnick � Larson 1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:00 p.m. on 18th day of March 2019 in the second -floor Council Chamber of the Historic Federal Building, 350 W. 6th Street. Present: Mayor B"uol; Council Members Del Toro, Jones, Larson, Resnick, Rios, Saw, City Manag9r Van Milligen, City Attorney Brumwell 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 PRESENTATION(S) 1. Iowa Tourism Outstanding Community Award Presentation Travel Dubuque CEO/President Keith Rahe will present the Iowa Tourism "Outstanding Community" award in the metro category from the Travel Iowa Industry Partners. 2. Presentation of 365ink Impact Award BrycParks of 365ink will presenth I Award to Polic Chief Mark D Isi g. liar t 3. The Big Muddy Cup 2018 Top Metros Greater Dubuque Development Corporation President/CE) Rick Dickinson will present on the Big Muddy Cup 2018 Top Metros from the March 2019 Site Selection Mag ine. irk, PROCLAMATION(S) Scandinavian Music and Culture Week (March 18=23, 2019) 744 2. Procurement Month Buyer's Day Proclamation (March 2019) 3Junior Achievement Day (April 4, 2019) .9/119/ 4. Keep Iowa Beautiful Month (April 2019) 2 CONSENT ITEMS Yays Nays i Jones ,,.w' Rios Del Toro Buol Resnick Larson 1. Minutes and Reports Submitted Arts and Cultural Affairs Advisory Commission of 2/26; Cable TV Commission of 3/6; City Council proceedings of 3/4, 3/7, 3/11; Civil Service Commission of 3/7; Community Development Advisory Commission of 1/16; Housing Commission of 3/8; Historic Preservation Commission of 2/21; Human Rights Commission of 3/8; Library Board of Trustees Minutes of 1/24 and Council Update #180 of 2/28; Long Range Planning Advisory Commission of 2/25; Resilient Community Advisory Commission of 3/7; Zoning Advisory Commission of 3/18; Zoning Board of Adjustment of 2/28; Proof of publication for City Council proceedings of 2/18, 2/21. Suggested Disposition: Receive and File 2. Notice of Claims and Suits Joseph Burbach for property damage, Matt McFadden for Mak's Bait Shack for property damage, Roeder's Outdoor Power / James Roeder for vehicle damage, Robert Sigwarth for vehicle 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: Joseph Burbach for property damage, Hope Ehlinger for vehicle damage, Zachary Hallman for vehicle damage, Matt McFadden / Mak's Bait Shack for property damage, Roeder Outdoor Power for vehicle damage, and Robert Sigwarth for vehicle damage. Suggested Disposition: Receive and File; Concur 4. Approval of City Expenditures City Manager recommending Council approval for payment of City expenditures. RESOLUTION 92-19 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) 3 Yays Nays Jones Shaw Rios Del Toro Buol Resnick Larson 5. 2019 Construction Projects City Manager providing copies of the public information flyers regarding the 2019 road construction projects and for navigating traffic during construction. Suggested Disposition: Receive and File 6. Memorandum of Understanding with Travel Dubuque for the 2019 Growing Sustainable Communities Conference City Manager recommending approval of a one-year Conference Management Contract with Travel Dubuque to host the 2019 Growing Sustainable Communities Conference. Suggested Disposition: Receive and File; Approve 7.U.S. Department of Housing and Urban Development (HUD) Amendment to Lead Hazard Control Grant Award City Manager recommending approval of the Department of Housing and Urban Development (HUD) Lead Hazard Control Grant Assistance Award/Amendment for Lead Hazard Control and Healthy Homes interventions to be completed in 120 units by September 2022. Suggested Disposition: Receive and File; Approve 8. Civil Service Commission - Certified Lists Civil Service Commission submitting the Certified Lists for the positions of Water Distribution Maintenance Worker and Help Desk Support Technician. Suggested Disposition: Receive and File; Make Matter of Record 9. Grand River Center Second Amendment to Management Agreement City Manager recommending approval of the Second Amendment to the Grand River Center Facility Management Agreement between the City of Dubuque and Platinum Hospitality Group extending the Agreement to May 25, 2020. RESOLUTION 93-19 Approval of a Second Amendment to the Facility Management Agreement between the City of Dubuque, Iowa and Platinum Hospitality Group, LLC Suggested Disposition: Receive and File; Adopt Resolution(s) 4 Yays Nays Jones Shaw Rios Del Toro Buol Resnick Larson 10. Acceptance of Grants of Easements for Water Main and Sanitary Sewer Utilities from Property Owners on Marquette Place City Manager recommending acceptance of Grants of Easement for Water Main and Sanitary Sewer Utilities across properties on Marquette Place in the City of Dubuque as part of the Marquette Place Street Sanitary Sewer and Water Main Reconstruction Project. RESOLUTION 94-19 Accepting Grants of Easement for certain public utilities associated with the Marquette Place Sanitary Sewer & Water Main Reconstruction Project in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 11. AT&T Comments on Small Cell Guidelines Senior Counsel submitting correspondence from AT&T regarding the City of Dubuque's Small Cell Guidelines adopted at the January 7, 2019 City Council meeting. Suggested Disposition: Receive and File 12. Care Initiatives Property Tax Appeal Settlement Senior Counsel transmitting a Property Tax Appeal settlement advising that the Care Initiatives property at 2835 Kaufmann Avenue be classified as residential. Suggested Disposition: Receive and File 13. McCarthy et al. vs. DRA, Q Casino, Hilton Garden Inn, and City of Dubuque Senior Counsel providing an update of the negligence lawsuit brought by Kathleen McCarthy on behalf of Matthew McCarthy. Suggested Disposition: Receive and File 14. Q Casino Request for Pyrotechnics Display Q Casino requesting approval of a Fireworks Permit Application for a display of pyrotechnics on April 13, 2019 and April 28, 2019 at approximately 8:00 p.m. for a performance inside the Q Casino. Suggested Disposition: Receive and File; Approve 5 Yays Nays Jones Shaw Rios Del Toro Buol Resnick Larson 15. Public, Educational, and Government (PEG) Capital Grant Expenditure Request City Manager recommending approval of the Cable TV Commission's request for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities to purchase equipment for Loras College and the City of Dubuque. Suggested Disposition: Receive and File; Approve 16. Four Mounds Park Ecological Restoration Plan City Manager recommending approval and adoption of the Four Mounds Park Ecological Restoration Plan. Suggested Disposition: Receive and File; Approve 17. State of Iowa Business Financial Assistance Contract by and among Dupaco Voices LLC, Dupaco RE Management LLC, Dupaco Holding, LLC, Dupaco Community Credit Union, City of Dubuque, and Iowa Economic Development Authority City Manager recommending approval of a State of Iowa Business Financial Assistance Contract by and among Dupaco Voices LLC, Dupaco RE Management LLC, Dupaco Holding, LLC, Dupaco Community Credit Union, the City of Dubuque and the Iowa Economic Development Authority for the investment in Dupaco's Dubuque operations. RESOLUTION 95-19 Authorizing the execution of a Contract for State Business Financial Assistance by and among Dupaco Voices LLC, Dupaco Re Management LLC, Dupaco Holding, LLC, Dupaco Community Credit Union, City of Dubuque, and the Iowa Economic Development Authority Suggested Disposition: Receive and File; Adopt Resolution(s) 18. Urban Sustainability Director's Network (USDN) Equity, Diversity and Inclusion Fellow Position City Manager recommending approval of a temporary, full-time Urban Sustainability Director's Network (USDN) Equity, Diversity and Inclusion Fellow to be hosted in Dubuque for twelve weeks during the summer of 2019. Suggested Disposition: Receive and File; Approve 6 Yays Nays Jones Shaw Rios Del Toro Buol Resnick Larson 19. Complete Action on Stormwater Management Utility Revenue Capital Loan Notes, Series 2019 (State of Iowa Revolving Fund Loan) City Manager recommending approval of the suggested proceedings to complete action required on the Stormwater Revenue Capital Loan Notes Series 2019 (State of Iowa Revolving Fund Loan). RESOLUTION 96-19 Approving and authorizing a Form of Loan and Disbursement Agreement by and between the City of Dubuque, Iowa and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of $16,382,000 Stormwater Management Utility Revenue Capital Loan Notes, Series 2019, of the City of Dubuque, Iowa, under the provisions of the Code of Iowa, and providing for a Method of Payment of said Notes; approval of the Tax Exemption Certificate Suggested Disposition: Receive and File; Adopt Resolution(s) 20. Adopting Code of Ordinances Supplement No. 31 City Clerk recommending adoption of Supplement No. 31 to the City of Dubuque Code or Ordinances. RESOLUTION 97-19 Adopting Supplement No. 31 to the Code of Ordinances of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 21. Residential Parking Permit District Petition for Keyway Drive Citizen petition requesting a residential parking permit district designation for Keyway Drive from Pennsylvania Avenue to Keymont Drive. Suggested Disposition: Receive and File; Refer to City Manager 22. Iowa Governor's STEM Advisory Council Letter of Support City Manager providing a copy of correspondence sent to the Iowa Governor's STEM Advisory Council supporting Audubon School's endeavors to teach students computer skills through the Computer Science is Fundamental Grant. Suggested Disposition: Receive and File 23. Office of the Governor - Iowa Finance Authority Board of Directors Correspondence from Governor Kim Reynolds advising that City Manager Michael Van Milligen has been appointed as a member of the Iowa Finance Authority Board of Directors from May 1, 2019 to April 30, 2025. Suggested Disposition: Receive and File 7 Yays Nays Jones Shaw Rios Del Toro Buol Resnick Larson 24. Iowa Department of Transportation (IDOT) Notice of Pipe Culverts Project Correspondence from the Iowa Department of Transportation (IDOT) informing the City of an IDOT pipe culverts project taking place during the 2019 construction season between Hwy 151/61 and St. Catherine Road. 25. United States Department of Agriculture (USDA) Notice of Rescheduled Public Hearings Correspondence from the USDA notifying the City of scheduled public meetings for the Cardinal -Hickory Creek 345 -kV Transmission Line draft Environmental Impact Statement. Suggested Disposition: Receive and File 26. Improvement Contracts / Performance, Payment and Maintenance Bonds Voltmer, Inc. for the NW Arterial and Plaza Drive Mastarm Replacement Project. Suggested Disposition: Receive and File; Approve 27. Alcohol License Applications City Manager recommending approval of annual beer, liquor and wine licenses as submitted. RESOLUTION 98-19 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) 8 Cam ITEMS SET FOR PUBLIC HEARING 1. Proposed Master Agreement and Intent to Dispose of an Interest in Real Property Owned by the City of Dubuque by Lease Agreement between the City of Dubuque and the State of Iowa, Telecommunications and Technology Commission. City Manager recommending that the City Council set a public hearing for April 1, 2019, on the Master Agreement for Shared Use Projects and Lease Agreement for space within a City telecommunications facility located at 1515 W. 3rd Street between the City and the State of Iowa, Telecommunications and Technology Commission, operating as the Iowa Communications Network (ICN). RESOLUTION 99-19 Resolution of Intent to dispose of an interest in real property owned by the City of Dubuque by leases between the City of Dubuque, Iowa and the Iowa Communications and Technology Commission Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for April 1, 2019 2. Prairie Farms Dairy, Inc. - Development Agreement City Manager recommending that the City Council set a public hearing for April 1, 2019, to consider a Development Agreement for the Prairie Farms Dairy, Inc. property located at 3510 Central Avenue. RESOLUTION 100-19 Fixing the date for a public hearing on theCity Council of the City of Dubuque, Iowa on a proposed development Agreement between the City of Dubuque, Iowa and Prairie Farms Dairy, Inc. including the issuance of Urban Renewal Tax Increment Revenue Obligations, and providing for the publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for April 1, 2019. Yays , Nays Jones Z t Rios Del Toro Buol ReSiiiili Larson 9 BOARDS/COMMISSIONS Boards and Commission Appointments. Appointments to the following commissions to be made at this meeting. 1. Community Development Advisory Commission • One, 3 -Year term through February 15, 2020 (Vacant term of James). Applicant: 1. Ellen Pinnola, 1420 Glen Oak St. Yays, Nays Jones Jones /Zhaw -Straw Rios 3.. Rios ,,. Buol Del Toro ,'i.."' Resnick Buol Larson i/ . Resnick ' Larson .; 2. Long Range Planning Advisory Commission • One, 3 -Year term through July 1, 2020 (Vacant term of James). • One, 3 -Year term through July 1, 2021 (Vacant term of Darter Applicants: 1. Michael Peroski, 1935 Coates St.; 2. Tyler Stoffel, 960 Boyer St. Yays Nays Jones /Zhaw Rios 3.. Del Toro ,,. Buol ,'i.."' Resnick Larson 10 3. Mechanical and Plumbing Code Boar, • One, 3 -Year term through March 16, 22 (Expiring term of Hillary). Applicant: 1. Daniel Hillary, 3087 Arbor Oaks Dr. Yays Nays / Jones 1- Rios Del Toro Buol -Resnick V Larson PUBLIC HEARINGS 1. Request to Rezone - SWAD, LLC for Property West of English Mill Road and South of the Southwest Arterial Proof of publication on notice of public hearing to consider approval of a request from Michael Portzen, SWAD, LLC to rezone property west of English Mill Road and south of the SW Arterial from A-1 County Agricultural Zoning District to C-3 General Commercial Zoning District in conjunction with annexation, and the Zoning Advisory Commission recommending approval. ORDINANCE 18-19 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property, in conjunction with annexation, located north of Shrewsbury Lane from County A-1 Agricultural District to City C-3 General Commercial District Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays !/.. Jones Shaw) Rios ,' Del Toro ,' _° 1/ Buol `` Resnick i'',/ Larson Final Reading and Adopt Yays Nays �._. Jones Straw Rios Del Toro Buol `` Resnick Larson 12 2. Voluntary Annexation Request - SWAD, LLC Proof of publication on notice of public hearing to consider approval of a 100% voluntary annexation request filed by Michael Portzen, SWAD, LLC, for approximately 28.48 acres of property located south of the Southwest Arterial, west of English Mill Road and north of English Ridge Subdivision owned by the Carolyn S. Haupert Trust, concurrent with rezoning, and the City Manager recommending approval. RESOLUTION 101-19 Approving an application for voluntary annexation of territory to the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays -`' Jones Rios Del Toro Buol r -`"Resnick Larson 13 3. Request to Rezone 1640 Main Street Proof of publication on notice of public hearing to consider a request from Terry Wilson to rezone property located at 1640 Main Street from R-4 Multi -Family Residential Zoning District to OR Office Residential Zoning District, and the Zoning Advisory Commission recommending approval. ORDINANCE 19-19 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 1640 Main Street from R-4 Multi -Family Residential District to OR Office Residential District Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays Nays Jones straw— Rios ems': Rios .. Del Toro u Buol "`` Resnick Buol t..-----' ,. Larson Final Reading and Adopt Yays Nays Jones ems': Rios u Del Toro Buol Resnick Larson 14 4. 2019 Decorative Concrete Maintenance Project Proof of publication on notice of public hearing to consider approval of the plans, specifications, form of contract and estimated cost of the 2019 Decorative Concrete Maintenance Project, and the City Manager recommending approval. RESOLUTION 102-19 Approval of plans, specifications, form of contract, and estimated cost for the 2019 Decorative Concrete Maintenance Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays �- Jones Rios T Del Toro Buol 4.°-"- Resnick Larson 15 5. Seippel Road Water Main Relocation Project - Landfill Access Frontage Road Proof of publication on notice of public hearing to consider approval of the plans, specifications, form of contract and estimated cost for the Seippel Road Water Main Relocation Project, and the City Manager recommending approval. RESOLUTION 103Approval of plans, specifications, form of contract, and estimated cost for the Seippel Road Water Main Relocation Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yays, Nays Jones I�aw Rios �,,Del Toro 7 T Buol i,"j Resnick Larson 16 6. Greater Downtown Urban Renewal District - Resolution of Adoption Proof of publication on notice of public hearing to consider approval of the Resolution of Adoption for the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, and the City Manager recommending approval. RESOLUTION 104-19 Approving the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Jones liew Rios Del Toro Buol Resnick rte'' Larson 17 PUBLIC INPUT 18 ACTION ITEMS 1. Crescent Community Health Center 2018 Year in Review Crescent Community Health Center Board Chair and City of Dubuque Public Health Specialist Mary Rose Corrigan submitting the Crescent Community Health Center 2018 Year in Review. There will be a short video presentation. Suggested Disposition: Receive and File; Video Presentatio Yays ,' Nays Jones eV Rios Del Toro Buol vi`* Resnick tet Larson Atirn g1; 0/47/7; 19 2 2. Miracle League of Dubuque Construction Plan Approval and Presentation City Manager recommending approval of the plans and specifications for the Miracle League of Dubuque project. Miracle League of Dubuque representatives will make a short presentation. Suggested Disposition: Receive and File: Approve, Presentation Yays Nays — Jones -hrw' el Rios ,. Del Toro Buoi =- Resnick Larson 7 20 3. Pre -Annexation Agreement -IADU Table Mound MHP, LLC City Manager recommending approval of a Pre -Annexation Agreement with IADU Table Mound MHP, LLC doing business as RV Horizons for the Table Mound Trailer Park, in conjunction with a request to connect to City water and sewer. RESOLUTION 105-19 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and David H. Reynolds, President, RV Horizons, Inc. RESOLUTION 106-19 Amending Resolution No. 201-18 Approving a Memorandum of Understanding between the City of Dubuque and IADU Table Mound MHP, LLC for repairs and improvements to its water distribution and sanitary sewer collection system Suggested Disposition: Receive and File; Adopt Resolution(s) Yaysr- Nays Jones WAIF °� . Rios 1 Del Toro 17- Buol c..,9 -_Resnick Larson 1/0 21 4. Award Marquette Place Sanitary Sewer and Water Main Extension Project City Manager recommending award of the Marquette Place Sanitary Sewer and Water Main Extension Project construction contract to the low bidder Top Grade Excavating, Inc. RESOLUTION 107-19 Awarding public improvement contract for the Marquette Place Sanitary Sewer and Water Main Reconstruction Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Jones Rios Del Toro Buol fry' Resnick Larson 22 6fr‘4) 5. Mobile obi a Vendor Agreement and Application City Manager recommending approval of the establishment of a new Mobile Vendor Agreement and Permit Application process. Suggested Disposition: Receive and File; Approve Yays Nays 1,----- , -Shaw V r Rios Toro pl.Del Buol q Resnick Larson 23 COUNCIL MEMBER REPORTS CLOSED SESSION @ p.m. Pending Litigation and Real Estate Transfer Negotiations — Chapter 21.5(1)(c), -(j) Code of Iowa • ADJOURNMENT @ 6, p.m. Yays Nays Jones Rios 6r-' ' Del Toro Buol -' Resnick / 7 Larson 24 TO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a Regular Session of the City Council to be held on Monday, March 18, 2019 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 2-5 o oy D. Buol, Mayor TO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a Special Session of the City Council to be held on Monday, March 18, 2019 at 5:30 PM in the Historic Federal Building for the purpose of conducting a work session on the Project H.O.P.E. quarterly update. Roy D. Buol, Mayor Consent Items: Pages n/a