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12 16 19 City Council AgendaROLL CALL ORDER FOR MEETING OF December 16, 2019 Resnick, Sprank Shaw, Rios, Jones, Del Toro, Buol CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING Historic Federal Building Second-Floor Council Chambers 350 W. 6th Street December 16, 2019 Council meetings are video streamed live and archived at www.cityofdubuque.org/media and on Dubuque's CityChannel on the Mediacom cable system at cable channel 8 and digital 117.2 REGULAR SESSION 6:00 PM PLEDGE OF ALLEGIANCE CONSENT ITEMS The consent agenda items are considered to be routine and non-controversial and all consent items will be normally voted upon in a single motion without any separate discussion on a particular item. If you would like to discuss one of the Consent Items, please go to the microphone and be recognized by the Mayor and state the item you would like removed from the Consent Agenda for separate discussion and consideration. 1. Minutes and Reports Submitted Arts and Cultural Affairs Advisory Commission of 11/26; City Council Proceedings of 12/2; Civil Service Commission of 12/6; Human Rights Commission Minutes of 10/14; Library Board of Trustees of 10/24; Zoning Advisory Commission of 12/4; Zoning Board of Adjustment of 11/21; Proof of Publication for City Council Proceedings of 11/4, 11/12, 11/18. Suggested Disposition: Receive and File 2. Notice of Claims and Suits Nancy Fett for vehicle damage; Lawrence Hutton, Jr. for vehicle damage; Jonathan Kueter for vehicle damage; Michael Nagelmaker 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: Lawrence Hutton, Jr. for vehicle damage/personal injury; Jonathan Kueter for vehicle damage; Michael Nagelmaker for vehicle damage. Suggested Disposition: Receive and File; Concur 4. Approval of City Expenditures City Manager recommending City Council approval for payment of City expenditures. RESOLUTION 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 Pg. 1 Suggested Disposition: Receive and File; Adopt Resolution(s) 5. Fountain of Youth Eradication of Generational Poverty Day City Manager providing a copy of the December 7, 2019 agenda for the Fountain of Youth Eradication of Generational Poverty Day meeting. Suggested Disposition: Receive and File 6. Civil Service Commission - Certified Lists Civil Service Commission submitting the Certified Lists for the positions of Cashier, Environmental Coordinator, and Firefighter/Paramedic. Suggested Disposition: Receive and File; Make Matter of Record 7. Pre-Annexation Agreement - John R. and Emily M. Sewell City Manager recommending approval of a Pre-Annexation Agreement with John R. and Emily M. Sewell, for property located at 14247 N. Cascade Road, in conjunction with their request to connect to City water. RESOLUTION Approving a Pre-Annexation Agreement Between the City of Dubuque, Iowa and John R. and Emily M. Sewell Suggested Disposition: Receive and File; Adopt Resolution(s) 8. North Cascade Road Right-of-Way Acquisition / Dedication Plat - Cheryl Sheldon City Manager recommending approval of the Acquisition Plat and acceptance of the dedication of additional right-of-way along North Cascade Road at Park View Lane from property owner Cheryl Sheldon. RESOLUTION Approving the Acquisition Plat of Lot 10A of F.D.F. Park View Heights, Section 3, Township 88 North Range 2 east of the 5th Principal Meridian in Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 9. North Cascade Road Right-of-Way Dedication Plat - Darla K. Till and Charles P. Till City Manager recommending approval of the Acquisition Plat and acceptance of the dedication of additional right-of-way along North Cascade Road at Park View Lane from property owners Charles P. and Darla K. Till. RESOLUTION Approving the Acquisition Plat of Lot 2-2-1-2-A of West Fractional Half of the Northwest Quarter Section 3, Township 88 North Range 2 East of the 5th Principal Meridian in Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 10. North Cascade Road Right-of-Way Acquisition / Dedication Plat - William E. Apel City Manager recommending approval of the Acquisition Plat and acceptance of the dedication of additional right-of-way along North Cascade Road east of Park View Lane from property owner William E. Apel. RESOLUTION Approving the Acquisition Plat of Lot 2A of the East Fractional Half of the Northwest Quarter of Section 3, T88N, R2E of the 5th P.M., Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 11. U.S. Department of Housing & Urban Development (HUD) - Family Unification Program Application City Manager recommending City Council authorization of an application to the U.S. Department of Housing & Urban Development (HUD) for the administration of the Family Unification Program in partnership with Public Child Welfare Agency (Iowa Department of Human Services). It is further recommended that City Manager or his designee be authorized to execute all required documentation for Pg. 2 this grant application. RESOLUTION Authorizing the Mayor to execute an application for Family Unification Program Grant and authorizing the Director of Housing and Communication Development and the City Manager to approve the application Suggested Disposition: Receive and File; Adopt Resolution(s) 12. Family Self-Sufficiency Coordinators Funding for Calendar Year 2020 City Manager recommending approval to continue the two Family Self-Sufficiency Coordinator positions required to administer the Family Self-Sufficiency Program until December 31, 2020, when additional grant funding may be obtained for the positions. Suggested Disposition: Receive and File; Approve 13. Iowa Department of Transportation (IDOT) East / West Corridor Capacity Improvements Funding Agreement City Manager recommending approval and authorization for the Mayor to execute a Federal-Aid SWAP Funding Agreement with the Iowa Department of Transportation for the development and advancement of the East-West Corridor Capacity Improvements. RESOLUTION Approving a Federal Aid Swap Funding Agreement (6-19-STBG-SWAP-039) with the Iowa Department of Transportation for the Development and Advancement of East/West Corridor Capacity Improvements Suggested Disposition: Receive and File; Adopt Resolution(s) 14. Drug Abuse Resistance Education (DARE) Program Agreement with Holy Family School District for School Year 2019-2020 City Manager recommending approval of the Fiscal Year 2019-2020 Drug Abuse Resistance Education (DARE) agreement between the City of Dubuque Police Department and the Holy Family School District. Suggested Disposition: Receive and File; Approve 15. Calendar Year 2019 Urban Revitalization Program Applications City Manager recommending approval of a Resolution approving property tax abatement applications for 30 residential properties in recognized Urban Revitalization Areas, and authoring transmittal to the City assessor for final review and determination of the amount of property tax abatement. RESOLUTION Approving property tax abatement applications submitted by property owners in recognized Urban Revitalization Areas and authorizing the transmittal of the approved applications to the City Tax Assessor Suggested Disposition: Receive and File; Adopt Resolution(s) 16. Bishop Block 90 Main Street - Amendment to Loan Agreement City Manager recommending approval of a resolution extending the loan maturity until June 30, 2020, for Mercy Housing’s loan for Bishop Block – 90 Main Street. RESOLUTION Amending Agreement with Mercy Housing to extend maturity date of loan for property at 90 Main Street Suggested Disposition: Receive and File; Adopt Resolution(s) 17. Acceptance of Grants of Easement for Sanitary Sewer Utility across Silvia Property City Manager recommending acceptance of a Grant of Easement for Sanitary Sewer Utility from Lori and Brian Silvia for a relocated public sanitary sewer across Part of Lot 64 in Timber-Hyrst Estates #5 in the City of Dubuque. Pg. 3 RESOLUTION Accepting a Grant of Easement for Sanitary Sewer Utility through, under and across part of Lot 64 in Timber-Hyrst Estates #5 in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 18.Acceptance of 22nd Street Storm Improvement Project - Phase I Elm Street and White Street City Manager recommending acceptance of the construction contract and establishment of the Final Schedule of Assessments for the 22nd Street Storm Sewer Improvements Project – Phase I (Elm to White) as completed by Portzen Construction. RESOLUTION Accepting the 22nd Street Storm Sewer Improvements Project - Phase 1 (Elm to White Streets) and authorizing the payment of the contract amount to the contractor RESOLUTION Adopting the Final Assessment Schedule for the 22nd Street Storm Sewer Improvements Project - Phase 1 (Elm to White Streets) Suggested Disposition: Receive and File; Adopt Resolution(s) 19.Acceptance of Amy Court Storm Improvements Project City Manager recommending acceptance of the public improvement construction contract for the Amy Court Drainage Improvements Project, as completed by Drew Cook & Sons Excavating Company, Inc. RESOLUTION Accepting the Amy Court Drainage Improvements Project and Authorizing the final Payment to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 20.Acceptance of Van Buren Street Energy Dissipator Project City Manager recommending acceptance of the public improvement construction contract for the Van Buren Street Energy Dissipator Project, as completed by Drew Cook & Sons Excavating Company, Inc. RESOLUTION Accepting the Van Buren Street Energy Dissipator Project and Authorizing the final payment to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 21.Growing Sustainable Communities Conference Agreement for Whova Mobile Application City Manager recommending approval to execute an agreement with Whova mobile application to assist with the logistics of the 2020 Growing Sustainable Communities conference. Suggested Disposition: Receive and File; Approve 22.Growing Sustainable Communities Conference Agreement with Travel Dubuque City Manager recommending approval of a contract with Travel Dubuque to host the 2020 Growing Sustainable Communities Conference. Suggested Disposition: Receive and File; Approve 23.2019 Public Right-of-Way Sidewalk Repair Assessment Project City Manager recommending approval of a Resolution establishing the final assessment schedule for the 2019 Public Right-of-Way Sidewalk Repair Assessment Project. RESOLUTION Adopting the Final Assessment Schedule for the 2019 Public Right-of-Way Sidewalk Assessment Project Suggested Disposition: Receive and File; Adopt Resolution(s) 24.Tree City USA Application City Manager recommending approval of an application for Dubuque to become recertified as a Tree City Pg. 4 USA as unanimously recommended by the Park and Recreation Commission. Suggested Disposition: Receive and File; Approve 25.Finance Confidential Account Clerk Position City Manager recommending approval to change the shared, part-time Confidential Account Clerk position to a full-time position. Suggested Disposition: Receive and File; Approve 26.Improvement Contracts / Performance, Payment and Maintenance Bonds Sheets Design Build, LLC for the Multicultural Family Center Expansion & Renovation; Tschiggfrie Excavating Co. for 17th Street Railroad Crossing Exploratory Excavation; A-One Geothermal, Inc. for 17th Street Railroad Crossing Exploratory HDD Excavation. Suggested Disposition: Receive and File; Approve 27.Alcohol License Applications City Manager recommending approval of annual beer, liquor and wine licenses as submitted. RESOLUTION Approving applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits Suggested Disposition: Receive and File; Adopt Resolution(s) ITEMS SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. 1.Chaplain Schmitt Island Veteran's Memorial Site Improvements City Manager recommending initiation of the public bidding procedure for the Chaplain Schmitt Veteran’s Memorial Project, and further recommends that a public hearing be set for January 6, 2020. RESOLUTION 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 January 6, 2020 PUBLIC HEARINGS Citizens are invited to address the City Council regarding the following agenda items. Please come to the podium and state your name and address when the item you wish to speak to is being considered. 1.Roshek Property Development Agreement (as Amended) Proof of publication on notice of public hearing to consider approval of a Development Agreement as Amended by and among the City of Dubuque, Iowa; Roshek Property, LLC; Cottingham & Butler, Inc.; and Heartland Financial USA, Inc., including the issuance of Urban Renewal Tax Increment Revenue Obligations; and the City Manager recommending approval. RESOLUTION Approving a Development Agreement as Amended by and among the City of Dubuque, Iowa; Roshek Property, LLC; Cottingham & Butler, Inc.; and Heartland Financial USA, Inc. including the issuance of Urban Renewal Tax Increment Revenue Obligations Suggested Disposition: Receive and File; Adopt Resolution(s) 2.Code of Ordinances Amendment Title 9 - Amending Residential Parking Permit District A Pg. 5 Proof of publication on notice of public hearing to consider approval of a request from the University of Dubuque’s to withdraw Grace Street from North Algona to 270 feet east of McCormick Street from the Residential Parking Permit District “District A." and the City Manager recommending approval. ORDINANCE Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Parking, Division 7 Residential Parking Permit Program Section 9-14- 321.733 Residential Parking Permit District A Suggested Disposition: Receive and File; Motion B; Motion A 3.Code of Ordinances Amendment Title 16 - Licensed Child Care Centers in Office, Commercial and Industrial Zoning Districts Proof of publication on notice of public hearing to consider an amendment to the City of Dubuque Code of Ordinances to permit Licensed Child Care Centers in Office, Commercial and Industrial Zoning Districts, and the Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by amending Article 16-8-5.20 Conditional Uses and Amending Articles 16- 5.7 (OR), 16-5.8 (OS), 16-5.9 (OC), 16-5-10 (C-1), 16-5-11 (C-2), 16-5-12 (C-2A), 16-5-13 (C-3), 16-5-14 (C-4), 16-5-15 (C-5), 16-5-16 (CS), 16-5-17 (CR), 16-5-18 (LI), 16-5-19 (HI), And 16-5-20 by removing Licensed Childcare Center from the list of Conditional Uses and adding Licensed Childcare Center to the list of Permitted Uses Suggested Disposition: Receive and File; Motion B; Motion A PUBLIC INPUT At this time, anyone in the Council Chambers may address the City Council on the Action Items on the agenda or on matters under the control of the City Council. Citizens are asked to approach the podium and state their name and address before proceeding with their comments. Individual remarks are limited to five minutes, and the overall Public Input period is limited to 30 minutes. Under the Iowa Open Meetings Law, the City Council can take no formal action on comments given during Public Input which do not relate to Action Items on the Agenda. ACTION ITEMS These are items where discussion is held by the City Council - public comments are not allowed except as authorized by the Mayor. 1.Bee Branch Creek Restoration Project, Phase 9: Flood Mitigation Maintenance Facility, Acquisition of 411 E. 15th Street City Manager recommending approval to amend the purchase agreement with Blum Properties, Inc. and Alvin Blum for the acquisition of 411 E. 15th Street. RESOLUTION Amending the Purchase Agreement for the acquisition of real estate owned by Blum Properties, Inc. in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s) 2.Four Mounds HEART Program City Manager recommending City Council support of the Adult Four Mounds HEART Program by committing funds to rehabilitate the property at 2601 Jackson Street per rehabilitation standards. Suggested Disposition: Receive and File; Approve 3.Code of Ordinances Amendment Title 2 - Arts and Cultural Affairs Advisory Commission Meeting Schedule City Manager recommending approval of an amendment to the City of Dubuque Code of Pg. 6 Ordinances Title 2 Boards and Commissions, Chapter 8 Arts and Cultural Affairs Advisory Commission, Section 2-8-10 Meetings, providing that the Commission must meet monthly, but not a designated date. ORDINANCE Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 8 Arts and Cultural Affairs Advisory Commission, Section 2-8-10 Meetings Suggested Disposition: Receive and File; Motion B; Motion A COUNCIL MEMBER REPORTS ADJOURNMENT The agenda with supporting documents may be accessed at www.cityofdubuque.org or at the City Clerk's Office, 50 W. 13th Street, during regular business hours. This notice is given pursuant to Chapter 21, Code of Iowa, and applicable local regulations of the City of Dubuque, Iowa and/or governmental body holding the meeting. Any visual or hearing impaired persons needing special assistance or persons with special accessibility needs should contact the City Clerk's Office at (563) 589-4100 or TTY/TTD (563) 690- 6678. Pg. 7 /s/Kevin S. Firnstahl, CMC City Clerk