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12 03 18 City Council Proceedings Official_Special and Regular1 CITY OF DUBUQUE, IOWA CITY COUNCIL INFORMAL GATHERING The Dubuque City Council gathered informally between 5:00 and 5:30 p.m. on De- cember 3, 2018 for an Open House Tour of the 396 W. Locust Street rehabilitation pro- ject conducted by City Housing Department staff and HEART Project partners. CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:00 p.m. on December 3, 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 Brumwell 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 Emergency Medical Services Association (IEMSA) Career EMS Provider of the Year Award: Fire Chief Rick Steines and EMS Supervisor Wayne Dow presented the IEMSA Career EMS Provider of the Year award to Fire Equipment Operator Jeff Breitbach. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dis- pose of as indicated with exception to Item No. 27. Seconded by Del Toro. T homas Coyle requested Item No. 27 be held for separate discussion. Motion carried 7 -0. 1. Minutes and Reports Submitted: City Council proceedings of November 19, 26; Housing Commission of 10/23; Transit Advisory Board of 11/15. Upon motion the doc- uments were received and filed. 2. Notice of Claims and Suits: William Brown for vehicle damage. Upon motion the documents were received, filed, and referred to the 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 As- 2 surance Pool: William Brown for vehicle damage. Upon motion the documents were re- ceived, filed, and concurred. 4. Approval of City Expenditures: City Manager recommending Council approval for payment of City expenditures. Upon motion the documents were received, filed and ap- proved. 5. Fiscal Year 2018 Iowa Urban Renewal Annual Report : City Manager recommend- ing approval of the Fiscal Year 2018 Iowa Urban Renewal Report f or the City of Dubu- que. Upon motion the documents were received and filed, and Resolution No. 353-18 Approving the Fiscal Year 2018 Urban Renewal Report for the City of Dubuque was adopted. RESOLUTION NO. 353-18 APPROVING THE FISCAL YEAR 2018 URBAN RENEWAL REPORT FOR THE CITY OF DUBUQUE Whereas, the Iowa Legislature approved HF 2460 in the 2012 Legislative Session, amending the current law pertaining to urban renewal districts; and Whereas, HF 2460, otherwise known as the Urban Renewal Reporting Act of 201 2, aims to increase transparency in the utilization of tax increment financing; and Whereas, HF 2460 requires an annual urban renewal report be approved by the ma- jority of a local governing body that had an active urban renewal plan anytime during the most recently ended fiscal year; and Whereas, City staff have fulfilled the requirements outlined in the Act through a web - based reporting tool hosted by the Iowa Department of Management. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Fiscal Year 2018 Urban Renewal Report for the City of Dubuque, be approved. Section 2. That the Budget Director of the City of Dubuque, Iowa is hereby authorized and directed to submit the Report, with a record of this approv al, to the Iowa Depart- ment of Management. Passed, approved and adopted this 3rd day of December 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 6. 2019 State Legislative Priorities (Amended) - City of Dubuque: City Manager sub- mitting amended 2019 State Legislative Priorities previously a pproved at the November 19, 2018 City Council meeting to include updated public health priorities incorporated into the Public Health section. Upon motion the documents were received, filed and ap- proved. 7. 2019 State Legislative Priorities - Dubuque County: City Manager providing a copy of the Dubuque County 2019 State Legislative Priorities. Upon motion the documents were received and filed. 3 8. 2019 State Legislative Priorities - Dubuque Community School District: City Man- ager providing a copy of the Dubuque Community School District's 2019 State Legisla- tive Priorities. Upon motion the documents were received and filed. 9. Amended Winter Road Maintenance 28E Cooperative Agreement with Dubuque County: City Manager recommending approval of a new Winter Road Maintenance Agreement between the City of Dubuque and Dubuque County. Upon motion the docu- ments were received and filed, and Resolution No. 354-18 Approving an amended 28E Cooperative Winter Maintenance Agreement between the City of Dubuque and Dubu- que County was adopted. RESOLUTION NO. 354-18 APPROVING AN AMENDED 28E COOPERATIVE WINTER MAINTENANCE AGREEMENT BETWEEN THE CITY OF DUBUQUE AND DUBUQUE COUNTY Whereas, certain roadways in Dubuque county are divided down the centerline be- tween Dubuque County and the City of Dubuque; and Whereas, the City of Dubuque, Iowa and the Dubuque County, Iowa agree that win- ter road maintenance divided down the roadway centerlines is not c ost efficient or prac- tical; and Whereas, the City of Dubuque is willing to perform winter maintenance operations on portions of roadways located in Dubuque County, specifically, Old Highway Road, Cousins Road, Peru Road, Seippel Road, John F. Kennedy Road, Derby Grange Road, Middle Road, and North Cascade Road; and Whereas, Dubuque County is willing to perform winter maintenance operations on portions of roadways located in the City of Dubuque, specifically, English Mill Road, Cottingham Road, Lake Eleanor Road and Old Highway Road; and Whereas, it is necessary that the City of Dubuque and Dubuque County enter into an amended 28E agreement regarding the winter maintenance on these roadways. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Cooperative Winter Maintenance Agreement between the City of Dubuque and Dubuque County is hereby approved. Section 2. The City Manager is hereby directed to sign the attached amended 28E Agreement with Dubuque County for winter maintenance operations on said roadways. Passed, approved and adopted this 3rd day of December 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 10. Local College Access Network Grant Letter of Support: City Manager recom- mending approval to submit a letter of support of the Community Foundation of Greater Dubuque’s application for a Local College Access Network Implementation Grant from the Iowa Student Aid Commission. Upon motion the documents were received, filed and approved. 11. Drug Abuse Resistance Education (DARE) Program Agreement with Holy Family School District for School Year 2018/2019: City Manager recommending approval of the 4 Fiscal Year 2018/2019 Drug Abuse Resistance Education (DARE) Agreement between the City of Dubuque Police Department the Holy Family School District. Upon motion the documents were received, filed and approved. 12. City of Dubuque Tow Contract - Change of Ownership: City Manager recom- mending approval of changes to the Tow Contract for FY2019 -FY2021 to reflect the change of ownership of Wenzel’s Towing. Upon motion the documents were received, filed and approved. 13. Employer Mandate Reporting Services Agreement : City Manager recommending approval of an agreement with Cottingham & Butler Insurance Services to prepare and file the required Internal Revenue Service forms 1094-C and 1095-C on behalf of the City of Dubuque. Upon motion the documents were received, filed and approved. 14. Vegetation Removal Assessment for 290 Bryant Street : City Manager recom- mending approval of a resolution establishing the Final Assessment Schedule for over- grown vegetation obstructing visibility for vehicular traffic and encroaching the public right-of-way. Upon motion the documents were received and filed, and Resolution No. 355-18 Adopting the Final Assessment Schedule for the 2018 Overgrown Vegetation Assessment - visibility and right-of-way obstruction removal assessment project was adopted. RESOLUTION NO. 355-18 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE 2018 OVERGROWN VEGETATION ASSESSMENT – VISIBILITY AND RIGHT-OF-WAY OBSTRUCTION REMOVAL ASSESSMENT PROJECT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: After full consideration, the Final Schedule of Assessments as shown on the attached sheet(s); is hereby approved for the Overgrown Vegetation Assessment – Visibility and Right-Of-Way Obstruction Removal Assessment Project. There is hereby assessed and levied as a special tax against and upon the benefited properties, the respective sum indicated. The amount shown in said Final Schedule of Assessments as deficiencies are found to be proper and levied conditionally against the respective properties benefited by the improvements as shown in the Final Schedule of Assessments, subject to the provisions of Iowa Code § 364.1 2.29(e) Said assessment against said lot are hereby declared to be in proportion to the special benefit conferred and not in excess of twenty-five percent of the value of same. The City Clerk be and is hereby directed to certify the Final Schedule of Asses sment to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certifi- cation once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the Final Schedule of Assessment. On or before the date of the second publi- cation of the notice, the City Clerk shall also mail a copy of said notice to property own- ers whose property is subject to assessment, as provided in Iowa Cod e § 384.60. 5 The assessments may be paid in full or in part without interest at the City Treasurer’s Office, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after the date of the first publication of the notice of the filing of the S chedule of Assessments with the County Treasurer. After 30 days, unpaid assessments are payable at the Coun- ty Treasurer’s Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Io- wa, and charges shall be collected in the same manner as general pro perty taxes against the respective parcels of the property set forth on the attached schedule. Passed, approved and adopted this 3rd day of December 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Schedule of Assessments Property Owner Name: Robert John Gneiser, II & Elizabeth J Runicka-Gneiser; Lot De- scription: Lot 4 Sub 145 & 146 Union Add.; Parcel Number: 1025361010; Mailing Ad- dress: 290 Bryant St., Dubuque, IA 52001; Street Address: 290 Bryant St., Dubuque, IA 52001; Valuation with Improvement: $94,460.00; Vegetation Assessment: $232.50; Administrative Fee: $25.00; Total Net Assessment: $257.50 15. 30th Street to Leibe Street Sanitary Sewer Reconstruction Project Award: City Manager recommending that the award for the 30th Street to Leibe Street Sanitary Sew- er Reconstruction Project be officially recorded in the minutes of the City Council. Upon motion the documents were received, filed and made a Matter of Record. 16. Accepting the Cummins Street Retaining Wall Reconstruction Project : City Man- ager recommending acceptance of the construction contract for the Cummins Street Retaining Wall Reconstruction Project, as completed by Drew Cook & Sons Excavating, Inc. Upon motion the documents were received and filed, and Resolution No. 356-18 Accepting the Cummins Street Retaining Wall Reconstruction Project and authorizing the payment to the contractor was adopted. RESOLUTION NO. 356-18 ACCEPTING THE CUMMINS STREET RETAINING WALL RECONSTRUCTION PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the Cummins Street Retaining Wall Reconstruction Project (the Project) has been completed by the Contractor, Drew Cook & Sons Excavating, Co., Inc. (Contractor), the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $97,664.52; and Whereas, the Contractor has previously been paid $83,008.64, leaving a balance of $14,655.88; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The recommendation of the City Engineer is approved, and the Project is hereby accepted. 6 Section 2. The Finance Director is hereby directed to pay to the Contractor the bal- ance of the retainage of $14,655.88 as provided in Iowa Code Chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code Chapter 573 or Iowa Code Chapter 26.13. Passed, approved and adopted this 3rd day of December 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE CUMMINS STREET RETAINING WALL RECONSTRUCTION PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Cummins Street Retaining Wall Reconstruction Project, and that said Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $107,430.97. Dated this 27th day of December 2018. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 28th day of December 2018. /s/Kevin S. Firnstahl, City Clerk 17. Acceptance of Veteran's Park Pickle Ba ll Courts Project: City Manager recom- mending acceptance of the construction contract for the Veteran’s Park Pickle Ball Courts Project, as completed by Midwest Concrete, Inc. Upon motion the documents were received and filed, and Resolution No. 357-18 Accepting the Veteran's Park Pickle Ball Courts Project and authorizing the payment to the contractor was adopted. RESOLUTION NO. 357-18 ACCEPTING THE VETERAN’S PARK PICKLE BALL COURTS PROJECT AND AU- THORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the Veteran’s Park Pickle Ball Courts Project (the Project) has been completed by the Contractor, Midwest Concrete, Inc. (Contractor), the City Engineer has examined the work and recommends that the Pro- ject be accepted; and Whereas, the final contract amount for the Project is $69,795.60; and Whereas, the Contractor has previously been paid $66,305.82, leaving a balance of $3,489.78; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved, and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contracto r the bal- ance of the retainage of $3,489.78 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved and adopted this 3rd day of December 2018. 7 Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE VETERAN’S PARK PICKLE BALL COURTS PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Veteran’s Park Pickle Ball Courts Project, and that said Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $76,775.15. Dated this 27th day of December 2018. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 28th day of December 2018. /s/Kevin S. Firnstahl, City Clerk 18. Acceptance of Subdivision Water Main and Fiber Optics Improvements in Timber Ridge Estates Subdivision: City Manager recommending acceptance of the public water main and fiber optics conduit improvements that the developer, Timber Ridge Estates, LLC has recently completed in Timber Ridge Estates Subdivision in Dubuque County. Upon motion the documents were received and filed, and Resolution No. 358-18 Ac- cepting public water main and fiber conduit improvements in Timber Ridge Estates Subdivision, in Dubuque County, Iowa was adopted. RESOLUTION NO. 358-18 ACCEPTING PUBLIC WATER MAIN AND FIBER CONDUIT IMPROVEMENTS IN TIMBER RIDGE ESTATES SUBDIVISION, IN DUBUQUE COUNTY, IOWA Whereas, pursuant to Resolution 308-17, certain public improvements including wa- ter main and fiber optic conduit were installed by the developer of Timber Ridge Estates Subdivision in Dubuque County, Iowa; and Whereas, the improvements, have been completed and the City Manager has exam- ined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said public water main and fiber optic conduit improvements in Timber Ridge Estates Subdi- vision, be and the same are hereby accepted. Section 2. That a maintenance guarantee covering said public improvements shall be provided by the owners, Timber Ridge Estates LLC, for a period of two (2) years from the date of this resolution. 8 Passed, approved and adopted this 3rd day of December 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 19. Acceptance of Grant of Easement for Sanitary Sewer Utility from 3000 Jac kson, LC: City Manager recommending acceptance of a Grant of Easement for Sanitary Sew- er Utility across Part of Lot 2-1 in Liebe’s Subdivision No. 3 and Part of Lot 1 and Lot 2 of Dinosaur Place in the City of Dubuque as part of the 30 th and Jackson Street Sanitary Sewer Reconstruction Project. Upon motion the documents were received and filed, and Resolution No. 359-18 Accepting a Grant of Easement for Sanitary Sewer Utility across part of Lot 2-1 in Liebe’s Subdivision No. 3 and part of Lot 1 and Lot 2 of Dino- saur Place, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 359-18 ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER UTILITY ACROSS PART OF LOT 2-1 IN LIEBE’S SUBDIVISION NO. 3 AND PART OF LOT 1 AND LOT 2 OF DINOSAUR PLACE, IN THE CITY OF DUBUQUE, IOWA Whereas, 3000 Jackson, LC, has executed a Grant of Easement for Sanitary Sewer Utility across Part of Lot 2-1 in Liebe’s Subdivision No. 3 and Part of Lot 1 and Lot 2 in Dinosaur Place, in the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, ac- cepts and consents to the Grant of Easement for Sanitary Sewer Utility across Part of Lot 2-1 in Liebe’s Subdivision No. 3 and Part of Lot 1 and Lot 2 in Dinosaur Place, in the City of Dubuque, Iowa from 3000 Jackson, LC, a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Re- corder and Dubuque County Auditor. Passed, approved and adopted this 3rd day of December 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 20. Bee Branch Railroad Infrastructure (Culvert) Improvements - Engineering Task Order No. 18-01: City Manager recommending approval of Task Order 18 -01 for Strand Associates to provide engineering services for the Bee Branch Railroad Culverts Pro- ject. Upon motion the documents were received, filed and approved. 21. Upper Bee Branch Creek Railroad Culverts Project, Property Acquisition Agree- ment and Easements from B&M Properties & Storage, LLC: City Manager recommend- ing approval of resolutions approving the acquisition agreement and the acquisition of a permanent storm sewer easement, a temporary access and storage easement, and a temporary construction easement at the 525 E. 19th Street property owned by B&M Properties & Storage, LLC necessary for the construction and maintenance of the Up- 9 per Bee Branch Railroad Culverts Project. Upon motion the documents were received and filed, and Resolution No. 360-18 Approving the Purchase Agreement for the Acqui- sition of Easements through certain real property owned by B&M Properties & Storage, LLC in the city of Dubuque, Iowa for the Bee Branch Railroad Culverts Project ; and Resolution No. 361-18 Accepting Grants of Easements through certain real property owned by B&M Properties & Storage, LLC in the City of Dubuque, Iowa for the Bee Branch Railroad Culverts Project were adopted. RESOLUTION NO. 360-18 APPROVING THE PURCHASE AGREEMENT FOR THE ACQUISITION OF EASE- MENTS THROUGH CERTAIN REAL PROPERTY OWNED by B&M PROPERTIES & STORAGE, LLC. IN THE CITY OF DUBUQUE, IOWA FOR THE BEE BRANCH RAILROAD CULVERTS PROJECT Whereas, the City of Dubuque (City) intends to acquire a permanent storm sewer easement, a temporary access and storage easement, and a temporary construction easement through certain real property owned by B&M Properties & Storage, LLC. (Owner), at its 525 E. 19th Street property legally described as Lots 1 -1-B and 1-2-B in Mineral Lot 100 and 5-2-2-2, 6-2-2-2, and 2-1-1 in Mineral Lot 106, and Lot 12 in East Dubuque Addition as shown on Exhibit A, Exhibit C, and Exhibit D (the Easements) at- tached hereto for the purpose of constructing, operating, and maintaining the Bee Branch Railroad Culverts Project, a storm wate r management project; and Whereas, the Purchase Agreement attached hereto has been finalized for the Ease- ments scheduled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa hereby approves the Purchase Agreement. Section 2. That the City Manager is hereby authorized to execute the Purchase Agreement on behalf of the City of Dubuque and to take such actions as may be neces- sary to carry out the Agreement. Passed, approved and adopted this 3rd day of December 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 361-18 ACCEPTING GRANTS OF EASEMENTS THROUGH CERTAIN REAL PROPERTY OWNED BY B&M PROPERTIES & STORAGE, LLC. IN THE CITY OF DUBUQUE, IOWA FOR THE BEE BRANCH RAILROAD CULVERTS PROJECT Whereas, the City of Dubuque (City) has entered into a Purchase Agreement with B&M Properties & Storage, LLC. (Owner) for the acquisition of a permanent storm sew- er easement, a temporary access and storage easement, and a temporary construction easement through certain real property owned by Owner at its 525 E. 19th Street prop- erty legally described as Lots 1-1-B and 1-2-B in Mineral Lot 100 and 5-2-2-2, 6-2-2-2, and 2-1-1 in Mineral Lot 106, and Lot 12 in East Dubuque Addition as shown on the Grant of Permanent Storm Sewer Easement, Grant of Temporary Access and Storage Easement, and Grant of Temporary Construction Easement (the Easements) attached 10 hereto for the purpose of constructing, operati ng, and maintaining the Bee Branch Rail- road Culverts Project, a storm water management project; and Whereas, the City Council finds that it is the best interest of the City of Dubuque to accept the Easements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby accepts the Easements. Section 2. That the City Clerk be and is hereby authorized and directed to cause the Easements to be recorded in the office of the Dubuque County Recorder, together with a certified copy of this Resolution. Passed, approved and adopted this 3rd day of December 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 22. Acceptance of Subdivision Improvements in English Ridge Subdivision No. 3 : City Manager recommending acceptance of the public improvements that the develop- er, English Ridge, LLC, has recently completed in English Ridge Subdivision No. 3. Up- on motion the documents were received and filed, and Resolution No. 362-18 Accepting public improvements in English Ridge Subdivision No. 3 in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 362-18 ACCEPTING PUBLIC IMPROVEMENTS IN ENGLISH RIDGE SUBDIVISION NO. 3 IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to Resolution 240-13, certain public improvements including street paving with curb, storm sewer and catch basins, sanitary sewer main, water main, fiber optic conduit, and street lighting were installed by the developer of English Ridge Subdivision No. 3 in the City of Dubuque, Iowa; and Whereas, the improvements have been completed and the City Manager has exam- ined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said public improvements in English Ridge Subdivision No. 3 be and the same is hereby ac- cepted. Section 2. That a maintenance guarantee covering said public improvements shall be provided by the owners, English Ridge, LLC, for a period of two (2) years from the date of this resolution. Passed, approved and adopted this 3rd day of December 2018. Roy D. Buol, Mayor Attest Kevin S. Firnstahl, City Clerk 11 23. Acceptance of Subdivision Improvements in English Ridge Subdivision No. 6 : City Manager recommending acceptance of the publ ic improvements that the develop- er, English Ridge, LLC, has recently completed in English Ridge Subdivision No. 6. Up- on motion the documents were received and filed, and Resolution No. 363-18 Accepting public improvements in English Ridge Subdivision No. 6 in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 363-18 ACCEPTING PUBLIC IMPROVEMENTS IN ENGLISH RIDGE SUBDIVISION NO. 6 IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to Resolution 321-14, certain public improvements including street paving with curb, storm sewer and catch basins, sanitary sewer main, water main, fiber optic conduit, and street lighting were installed by the developer of English Ridge Subdivision No. 6 in the City of Dubuque, Iowa; and Whereas, the improvements have been completed and the City Manager has exam- ined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said public improvements in English Ridge Subdivision No. 6 be and the same is hereby ac- cepted. Section 2. That a maintenance guarantee covering said public improvements shall be provided by the owners, English Ridge, LLC, for a period of two (2) years from the date of this resolution. Passed, approved and adopted this 3rd day of December 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 24. Acceptance of Subdivision Improvements in English Ridge Subdivision No. 7 : City Manager recommending acceptance of the public improvements that the develop- er, English Ridge, LLC, has recently completed in English Ridge Subdivision No. 7. Up- on motion the documents were received and filed, and Resolution No. 364-18 Accepting public improvements in English Ridge Subdivision No. 7 in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 364-18 ACCEPTING PUBLIC IMPROVEMENTS IN ENGLISH RIDGE SUBDIVISION NO. 7 IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to Resolution 200-16, certain public improvements including street paving with curb, storm sewer and catch basins, sanitary sewer main, water main, fiber optic conduit, and street lighting were installed by the developer of English Ridge Subdivision No. 7 in the City of Dubuque, Iowa; and 12 Whereas, the improvements have been completed and the City Manager has exam- ined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said public improvements in English Ridge Subdivision No. 7 be and the same is hereby ac- cepted. Section 2. That a maintenance guarantee covering said public improvements shall be provided by the owners, English Ridge, LLC, for a period of two (2) years from the date of this resolution. Passed, approved and adopted this 3rd day of December 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 25. Part-Time Marketing Coordinator for Carnegie-Stout Public Library: City Manager recommending approval of a part-time Library Marketing Coordinator position for a two- year time period from the James Mutschler Trust Fund as approved by the Library Board of Trustees. Upon motion the documents were received, filed and approved. 26. Water Department Personnel Complement Change: City Manager recommending approval of the elimination of the position of Water Meter Inspector and the creation one additional Water Distribution Maintenance Worker position to be filled in Fiscal Year 2019. Upon motion the documents were received, filed and approved. 27. Tom Coyle Claim Denial Appeal: City Attorney recommending denial of the ap- peal of a claim against the City for vehicle damage filed by Tom Coyle. Resubmitted at Mr. Coyle's request to provide opportunity to address the City Council. Motion by Res- nick to receive and file the documents and concur with the denial. Seconded by Jones. Thomas Coyle, 13947 Mueller Parkway, Sherrill, IA, provided handouts to the City Council illustrating the City’s road repair timeline that he felt supported payment of the claim. Motion to concur with the denial carried 4 -3 with Shaw, Rios, and Del Toro voting nay. 28. Alcohol License Applications: City Manager recommending approval of annual beer, liquor and wine licenses as submitted. Upon motion the documents were received and filed, and Resolution No. 365-18 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 Licens- es and Permits was adopted. RESOLUTION NO. 365-18 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS 13 AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQ- UOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City Council for approval and the same have been examined and ap- proved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Renewals Instant Replay 1602 Central Ave. Class C Liquor (Living Qtr.) (Sun- day) Iowa Street Market, Inc. 1256 Iowa St. Class E Liquor, Class B Wine, Class C Beer (Sunday) Kwik Stop Food Mart 4039 Pennsylvania Ave. Class C Beer, Class B Native Wine (Sunday) New Blu Room 600 Central Ave. Class C Liquor (Sunday) Passed, approved, and adopted this 3rd day of December 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. Applicant appointments will be made at the ne xt City Council meeting. 1. Housing Board of Appeals: Two, 3-year terms through January 11, 2022 (Expiring terms of Spence and White). Applicants: Gil Spence, 975 Grove Terrace; Ron White, 3197 Highland Park Dr. Mr. Spence spoke in support of his appointment and provided a brief biography. 2. Human Rights Commission: Two, 3-year terms through January 1, 2022 (Expiring terms of Breitfelder and Parks). Applicants: Adrienne Breitfelder, 1365 Solon St.; Kathrin Parks, 486 Clarke Dr. Ms. Parks spoke in support of her appointment and provided a brief biography. 3. Mediacom Charitable Foundation: One, 1-year term through December 31, 2019 (Expiring term of Chavenelle). Applicant: Gail Chavenelle, 1155 Kelly Lane. 14 PUBLIC HEARINGS 1. Black Hills Energy / SW Arterial Grant of Permanent Utility Easement: Proof of publication on notice of public hearing to consider disposal of an interest in real estate by Quit Claim Deed from the City of Dubuque, Iowa to Black Hills Energy Corporation for the Southwest Arterial Project (near English Mill Road), and the City Manager rec- ommending approval. Motion by Shaw to receive and file the documents and adopt Resolution No. 366-18 Disposing of City interest in real estate by Quit Claim Deed by the City of Dubuque, Iowa to Black Hills Energy Corporation for the Southwest Arterial Project. Seconded by Larson. Motion carried 7-0. RESOLUTION NO. 366-18 DISPOSING OF CITY INTEREST IN REAL ESTATE BY QUIT CLAIM DEED BY THE CITY OF DUBUQUE, IOWA TO BLACK HILLS ENERGY CORPORATION FOR THE SOUTHWEST ARTERIAL PROJECT Whereas, Black Hills Energy Corporation (BHE) owns and operates a high -pressure natural gas pipeline located on its own private easement through and upon property ac- quired by the City of Dubuque (City) for the Southwest Arterial Project; and Whereas, the City Council has approved a Utility Relocation Reimbursement Agree- ment (Relocation Agreement) with BHE for the relocation of the high -pressure natural gas pipeline; and Whereas, as part of the Relocation Agreement, City purchased replacement perma- nent easements on private property described in the attached Quit Claim Deed for BHE to operate, access, repair and maintain the pipeline; and Whereas, City intends to transfer the easements to BHE by Quit Claim Deed; and Whereas, BHE has agreed to relinquish all rights granted to BHE for those portions of the existing pipeline easements, to be vacated after relocation and to subordinate cer- tain specified rights of its easements within the land acquired by the City for future highway right-of-way; and Whereas, the City Council finds that it is in the best interest of the City of Dubuque to approve the Quit Claim Deed; and Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 23rd day of November 2018, the City Council of the City of Dubuque, Iowa met on the 3rd day of December 2018 at 6:00 p.m. in the Historic Feder- al Building Council Chambers (second floor), 350 W 6th Street, Dubuque, Iowa to con- sider the proposal for the disposal of real estate described in the attached Quit Claim Deed; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the proposal to dispose of such real estate. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of City of Dubuque real property described in the at- tached Quit Claim Deed to Black Hill Energy Corporat ion (BHE) be and the same is hereby approved. 15 Section 2. The Mayor is hereby authorized and directed to execute the Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to BHE. Passed, approved and adopted this 3rd day of December 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. BP Pipeline Utility Relocation - Conveyance of a Permanent Utility Easement : Proof of publication on notice of public hearing to consider disposal of an i nterest in real property owned by the City of Dubuque by Grant of Permanent Easement to BP Pipe- lines (North America), Inc., for the Southwest Arterial Project (near Knepper Lane), and the City Manager recommending approval. Motion by Shaw to receive and file the doc- uments and adopt Resolution No. 367-18 Disposing of an interest in real property owned by the City of Dubuque by Grant of Permanent Easement to BP Pipelines (North America), Inc. for the Southwest Arterial Project. Seconded Larson. Motion carried 7-0. RESOLUTION NO. 367-18 DISPOSING OF AN INTEREST IN REAL PROPERTY OWNED BY THE CITY OF DUBUQUE BY GRANT OF PERMANENT EASEMENT TO BP PIPELINES (NORTH AMERICA) INC. FOR THE SOUTHWEST ARTERIAL PROJECT Whereas, the City of Dubuque, Iowa (City) is the owne r of the real property described as follows: A PARCEL OF LAND SITUATED IN PART OF LOT A OF LOT 2 OF THE EAST 39 ACRES OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 AND OF THE WEST 1 ACRE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, ALL IN SECTION 11, T88N, R2E OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA AND A PARCEL OF LAND SITUATED IN PART OF LOT A OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 AND LOT B OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4, ALL IN SECTION 11, T88N, R2E OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA AND A PARCEL OF LAND SITUATED IN PART OF LOT A OF LOT 1 OF THE EAST 39 ACRES OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, AND OF LOT 1 OF THE EAST 39 ACRES OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4, AND OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4, AND OF LOT 1 OF 1 OF 1 OF 1 OF 1 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4, ALL IN SECTION 11, T88N, R2E OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA as more particularly shown on the Permanent Easement Exhibit F1 attached hereto; and Whereas, BP Pipelines (North America) Inc. (PB) owns and operates a 10-inch petro- leum distribution pipeline located on its own private easement through and upon proper- ty which has been acquired by the City of Dubuque for the Southwest Arterial Project, as shown on the attached Exhibit F1; and Whereas, the City Council has approved a Utility Relocation Reimbursement Agree- ment (the Relocation Agreement) with BP for the relocation of the petroleum distribution pipeline, as shown on the attached Exhibit F1; and Whereas, as part of the Relocation Agreement, City has agreed to grant a permanent easement to BP for the relocated petroleum pipeline, as shown on the attached Exhibit F1; and 16 Whereas, BP has agreed to relinquish all rights granted to BP for those portions of the existing pipeline easements to be vacated after relocation of the pipeline and to subordinate certain specified rights of its easements within the land acquired by the City for said future highway right-of-way; and Whereas, the City Council has determined that it is in the best interest of the City of Dubuque to grant the permanent easement; and Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published i n the City of Dubuque, Iowa on the 23rd day of November 2018, the City Council of the City of Dubuque, Iowa met on the 3rd day of December 2018 at 6:00 p.m. in the Historic Feder- al Building Council Chambers (second floor), 350 W 6th Street, Dubuque, Iowa to con- sider the proposal for the disposal of real estate described in the attached Grant of Permanent Easement; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the proposal to dispose of such real estate. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section. 1. The City Council of the City of Dubuque, Iowa, hereby approves of the disposal of City interest by Grant of Permanent Easement to BP Pipelines (North Am er- ica) Inc., a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of the Grant of Permanent Easement to BP Pipelines (North America) Inc. and this resolution in the offices of the Dubuque County Recorder. Passed, approved and adopted this 3rd day of December 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. Alta Vista Urban Revitalization Area : Proof of publication on notice of public hear- ing to consider establishment of the Alta Vista Urban Revitalization District (1225 Alta Vista Street), and the City Manager recommending approval. Motion by Jones to re- ceive and file the documents and conduct the public hearing. Seconded by Resnick. Scott Kwiecinski, Development Manager for Horizon Development Group, 5201 East Terrace Drive, Madison, WI, spoke in support of the proposed project and provided a brief description of the plan and funding efforts. For the record, City Attorney Brumwell stated the Council Member Resnick did not have a conflict of interest for being a mem- ber of the parish within the proposed district. Motion carried 7-0. 4. Radford Road Urban Revitalization Area: Proof of publication on notice of public hearing to approve the establishment of the Radford Road Urban Revitalization District, and the City Manager recommending approval. Motion by Jones to receive and file the documents and conduct the public hearing. Seconded by Resnick. Lynn Sutton, 859 Air Hill, expressed concerns about what she felt was a development in an isolated location being far from amenities such as bus service and groceries. Housing Commission Member Brad Cavanaugh, 565 Fenelon Pl., responded to questions from the City 17 Council stating that while the location might be a challenge currently, it helps deconcen- trate rentals in other areas of town and provides low-income options for the West End. He added that the LI tax credits and funding require very low-income thresholds and he will encourage 3- to -4-bedroom units with the developer as desired by the Council. City Manager Van Milligen, Housing Department Manager Alexis Steger a nd Mr. Cavanaugh also provided examples of area amenities in proximity to the development such as shopping, current bus routes/stops, job opportunities in the Dubuque Industrial Park and other employment within a walkable distance. Motion carried 7 -0. 5. Peru Road Urban Renewal District (2018.1): Proof of publication on notice of pub- lic hearing to consider approval of the Amended and Restated Peru Road Urban Re- newal Plan for the Peru Road Urban Renewal Area, and the City Manager recommend- ing approval. The City Clerk stated for the record that staff recommended a change in the suggested disposition asking that Council conduct the public hearing and defer ac- tion to the December 17, 2018 meeting. This would allow time for correction to an exist- ing, overlaying UR designation as presented in the City Manager’s revised memo. Mo- tion by Jones to receive and file the documents, conduct the public hearing and defer action to the December 17, 2018 meeting. Seconded by Resnick. Motion carried 7 -0. ACTION ITEMS 1. Greater Dubuque Development Corporation - Quarterly Report: President and CEO Rick Dickinson verbally presented a quarterly update on the activities of the Greater Dubuque Development Corporation. Topics included: an existing businesses update that highlight Flexsteel’s new development; national marketing efforts as illus- trated by site preparation of the former McFadden property; renewable energy, biogas and CNG production; Start Up Dubuque continued actions and entrepreneurial services; True North/North End development status, ESRI data collection, upcoming announce- ments in January 2019; Housing rehabilitations; county population growth; and work- force solutions focusing on issues related to single-parent as head-of-household. Motion by Resnick to receive and file the information. Seconded by Jones. Motion carried 7-0. 2. Economic Development Administration (EDA) Grant Application for Phase 5 of the Bee Branch Watershed Flood Mitigation Project: City Manager recommending approval to apply for an Economic Development Disaster Recovery Grant from the U.S. Econom- ic Development Administration (EDA) to secure funding for the Bee Branch Gate Re- placement/Pumping Station Project and pledge local matching funds. Motion by Resnick to receive and file the documents and adopt Resolution No. 368-18 Approving a U.S. Economic Development Administration Disaster Relief Opportunity Grant Application and pledging the local match in the amount of $5,135,000 from General Obligation Bonds or an SRF Loan for construction of a new culve rt inlet structure and stormwater pumping station at the 16th Street Detention Basin . Seconded by Jones. Responding to questions from the City Council, City Manager Van Milligen described the potential for slowing other projects impacted by the flow of funding sources and changes in tax reve- nue. He added that state SRF loans are a preferred funding source because of their de- 18 sirable terms, low interest rates, and the provision to fund sponsored projects through lowered interest rates and refinancing. Motion carried 7-0. RESOLUTION NO. 368-18 APPROVING A U.S. ECONOMIC DEVELOPMENT ADMINISTRATION DISASTER RELIEF OPPORTUNITY GRANT APPLICATION AND PLEDGING THE LOCAL MATCH IN THE AMOUNT OF $5,135,000 FROM GENERAL OBLIGATION BONDS OR AN SRF LOAN FOR CONSTRUCTION OF A NEW CULVERT INLET STRUC- TURE AND STORMWATER PUMPING STATION AT THE 16 TH STREET DETENTION BASIN Whereas, the City Council of the City of Dubuque, Iowa wishes to apply through the Economic Development Administration (EDA), U.S. Department of Commerce for a FY2018 Disaster Relief Opportunity grant for upgrades to the 16th Street Detention Ba- sin Culvert Inlet Structure and Stormwater Pumping Station, and Whereas, the City Council, in support of the application for $4,000,000.00 in grant funding, must pledge a local match estimated at $5,135,000.00 toward the activity as identified in the application; and Whereas, the City will use General Obligation bonds or a State Revolving Fund loan as the source for this expenditure. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Approves the application for EDA Disaster Relief Opportunity grant fund- ing. Section 2. Authorizes the Mayor to sign the application. Section 3. Pledges the amount of $5,135,000 from GO Bonds or a State R evolving Fund loan, if in fact, the Disaster Relief Opportunity grant is awarded by the Economic Development Administration. Passed, approved and adopted this 3rd day of December 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. Park and Recreation Facility Naming Policy Recommendation: City Manager rec- ommending approval of the Park and Recreation Facility Naming Policy recommenda- tion from the Parks and Recreation Advisory Commission. Motion by Larson to receive and file the documents and approve the recommendation. Seconded by Jones. Re- sponding to questions from the City Council, Leisure Services Manager Marie Ware stated that this policy fits well under existing naming policies and that the proposed agreement retains the City Council’s right to name or rename if a sponsor goes out of business or is defamed in some manner. Motion carried 7-0. 4. Presentation on Balancing Act Budget Simulation and Taxpayer Receipt Software : Budget Director Jennifer Larson gave a live presentation of the Balancing Act Budget Simulation and Taxpayer Receipt software that allows users to anonymously calculate and submit a sample city budget using real-time figures and to calculate tax receipts based on actual properties. Ms. Larson noted that the user data is c ompiled for tracking of budget information that will be shared with Council during the FY2020 budget pro- 19 cess. Motion by Resnick to receive and file the information. Seconded by Shaw. Motion carried 7-0. 5. Request for Work Session - Travel Dubuque: City Manager recommending that the City Council set Travel Dubuque’s annual City budget work session for February 4, 2019 at 5:30 p.m. in the Council Chambers. Motion by Jones to receive and file the documents and schedule the work session as recommended. Second ed by Resnick. No scheduling conflicts were noted at the time. Motion carried 7-0. 6. Request for Work Session -Inclusive Dubuque Quarterly Report: City Manager recommending that the City Council schedule the Inclusive Dubuque Work Session for January 28, 2019 at 6:00 p.m., in the City Council Chambers. Motion by Jones to re- ceive and file the documents and schedule the work session as recommended. Se- conded by Resnick. No scheduling conflicts were noted at the time. Motion carried 7 -0. 7. Southwest Arterial Construction Update Video: Cable TV Division presented a vid- eo of the recent progress of the Southwest Arterial Project for November 2018. Motion by Del Toro to receive and file the information. Seconded by Larson. Motion carried 7 -0. COUNCIL MEMBER REPORTS Council Member Shaw congratulated Rick Dickinson and the team involved in the success of Opportunity Dubuque. CLOSED SESSION Motion by Jones to convene in closed session at 7:20 p.m. to discuss pending litiga- tion and real estate transfer negotiatio ns pursuant to Chapter 21.5(1)(c), -(j) Code of Io- wa. Seconded by Resnick. 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 City Attorney Crenna Brumwell and Attorney Les Reddick. Motion carried 7-0. Upon motion at 8:23 p.m., the City Council reconvened in open session having pro- vided staff with proper direction. There being no further business, upon motion the City Council adjourned at 8:24 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk