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5 5 14 Clerk's Skeleton Notes and Meeting CallsCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:00 p.m. on May 5, 2014 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor jiol; Council Members ig, Co ors, Jop Lyueri, ReA‘ ifon; City Manager Van Milligen, City Attorney LiOdahl Ab t: 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 Sustainable Dubuque. WORK SESSION Upper Bee Branch Creek Restoration Project Landscaping Design 2/1'� &Ad Ivey ,h,dgaZo 6:0 Adjournment: Yays , Nays I Buol I'I Connors Vi.;.-. Jones j,/ Lynch // Resnick V" Sutton V Braig Aia 1-dib,700*,,a died iT-A&260.e_f /404 ivoriA 0/t/tKb, ,a/6- /7/4.*/a tittf k~, -/ab dif /V/d-f ielt) -1d114- 1 :�401 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on May 5, 2014 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members eraig, Conb.ors, Jo s, Lytil'ch, Reck, Sutton; City Manager Van Milligen, City Attorney, Lindahl Lv i,,/ AI'nt: Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PROCLAMATION(S) 1. Kids to Parks Day (May 17, 2014) was accepted by „%� 2. Bike to Work Week (May 12-16, 2014): was accepted by Ef/5// �%rni7 3. Mental Health Month (May 2014): was accepted by V? /r77=, Q ;7/) 4. Preservation Month (May 2014) was accepted by J'C thi//41-4/"1Jl' Wd 2 CONSENT ITEMS Yays Nays v'' Buol L4 Connors Vf Jones L.v / Lynch Lz' Resnick L,.. Sutton L Braig 1. Minutes and Reports Submitted City Council Proceedings of 4/21, Community Development Advisory Commission of 4/23, Historic Preservation Commission of 4/17, Housing Commission of 3/25, Human Rights Commission of 3/10, Investment Oversight Advisory Commission of 4/23, Long Range Planning Advisory Commission of 4/16, Sister City Relationships Advisory Commission of 4/16, Zoning Board of Adjustment of 4/24, Proof of Publication for City Council Proceedings of 4/7 Suggested Disposition: Receive and File 2. Notice of Claims and Suits Danny Boleyn for property damage, Gina Harkey for property damage, Sondra Koch for property damage, McCrea vs City of Dubuque for gender discrimination, Amy Muchmore for vehicle damage, Jeffry Potts for vehicle damage, Amy Zirtzman for personal injury Suggested Disposition: Receive and File; Refer to City Attorney 3. Disposition of Claims Danny Boleyn for property damage, Sondra Koch for property damage, Gina Harkey for property damage, Amy Muchmore for vehicle damage, Jeffry Potts for vehicle damage, and Amy Zirtzman for personal injury. Suggested Disposition: Receive and File; Concur 4. Riverview Center Correspondence from Faye Clark, Executive Director of the Riverview Center, thanking the City Council for the Purchase of Services grant to support a sexual assault therapist position. Suggested Disposition: Receive and File 3 Yays Nays Buol Connors Jones Lynch Resnick Sutton Braig 5. Volunteer Hall of Fame Recognition City Manager transmitting information about AmeriCorps Partners in Learning Member Becca Johnson being inducted into the State of Iowa Volunteer Hall of Fame. Suggested Disposition: Receive and File 6. Washington Neighborhood Intersection Painting Project at 16th and Washington Streets City Manager recommending approval of a street intersection painting project at 16th and Washington Streets. Suggested Disposition: Receive and File; Approve 7. Community Development Block Grant (CDBG) - Amendment 2 City Manager recommending approval of the Fiscal Year 2014 Annual Action Plan Amendment 2 for the Community Development Block Grant (CDBG) program, which - provides for an amendment to the Fiscal Year 2013 and Fiscal Year 2014 Annual Action Plans by reallocating funds from the prior Fiscal Year 2013 Annual Plan into the Fiscal Year 2014 Annual Plan and reprogramming funds for existing and new projects. RESOLUTION 126-14 Approving Fiscal Year 2014 (Program Year 2013) Annual Action Plan Amendment 2 for Community Development Block Grant (CDBG) Funds Suggested Disposition: Receive and File; Adopt Resolution(s) 8. Quarterly Investment Report City Manager transmitting the Quarterly Investment Report for March 31, 2014. Suggested Disposition: Receive and File Yays Nays Buol Connors Jones Lynch Resnick Sutton Braig 9. Notices of Expiration of Right of Redemption City Manager recommending approval for any attorney in the City Attorney's office to sign Notices of Expiration of Right of Redemption. RESOLUTION 127-14 Authorizing the Attorneys in the City of Dubuque City Attorney's Office to sign Notices of Expiration of Right of Redemption Suggested Disposition: Receive and File; Adopt Resolution(s) 10. Public Transit Infrastructure Grant (PTIG) - Bus Storage Facility City Manager recommending approval to move forward with an application to the Public Transit Infrastructure Grant program to seek additional funding for the Bus Storage Facility. RESOLUTION 128-14 Approval of grant application to Public Transit Infrastructure Grant (PTIG) Program for Bus Storage Facility Suggested Disposition: Receive and File; Adopt Resolution(s) 11. Jule Transit System - Consolidated Funding Application City Manager recommending approval of the Consolidated Funding Application, as submitted, and approve signature of the Lobbying Cost Certificate, Certificate of Cost Allocation Plan and Authorizing Resolution for the Iowa Department of Transportation Consolidated Funding Application for Fiscal Year 2015 for The Jule. RESOLUTION 129-14 Approval of grant application to Iowa DOT for consolidated funding Suggested Disposition: Receive and File; Adopt Resolution(s) 5 Yays Nays Buol Connors Jones Lynch Resnick Sutton Braig 12. Housing Enterprise Zone Agreement - 253 Main St. City Manager recommending approval of a Housing Enterprise Zone Program Agreement by and among the Iowa Economic Development Authority, the City of Dubuque and Ken Oberbroeckling for Housing Enterprise Zone benefits related to the redevelopment of 253 Main Street. RESOLUTION 130-14 Approving a Housing Enterprise Zone Program Agreement by and among the Iowa Economic Development Authority, the City of Dubuque and Ken Oberbroeckling Suggested Disposition: Receive and File; Adopt Resolution(s) 13. Iowa Department of Transportation Acceptance of Patent - Lots at Intermodal Facility Property City Manager recommending acceptance of Patents from the State of Iowa conveying excess state right-of-way properties along Elm Street. between 9th and 11th Street. RESOLUTION 131-14 Accepting a conveyance of property (Lot 1 of Intermodal Place No. 1 in the City of Dubuque, Dubuque County, Iowa) RESOLUTION 132-14 Accepting a conveyance of property (Lot 1 of Lot 1 of Lot 2 of Lot 3 of City Lot 505 and Lot 1 of Intermodal Place No. 2 in the City of Dubuque, Dubuque County, Iowa) RESOLUTION 133-14 Accepting a conveyance of property (Lot 1 of Intermodal Place No. 3 in the City of Dubuque, Dubuque County, Iowa) Suggested Disposition: Receive and File; Adopt Resolution(s) 14. Iowa Department of Transportation - Acceptance of Patent for Bluff Street Lot City Manager recommending acceptance of a Patent from the State of Iowa conveying excess state right-of-way property on Bluff Street. RESOLUTION 134-14 Accepting a conveyance of property (Lot 1 of Pixler Place No. 2 in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 6 Yays Nays Buol Connors Jones Lynch Resnick Sutton Braig 15. Rockfarm Holdings, Inc. City Manager recommending authorization of the submission of an Economic Development Assistance Contract by Rockfarm Holdings, Inc., the City of Dubuque and the Iowa Economic Development Authority. RESOLUTION 135-14 Authorizing the execution of an Economic Development Assistance Contract by and between Rockfarm Holdings, Inc., the City of Dubuque and the Iowa Economic Development Authority for the Construction of Company Headquarters in Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s) 16. Health Choices Administrative Services Fee City Manager recommending approval of Amendment VI to the Administrative Services Agreement with Health Choices effective July 1, 2014 through June 30, 2016. Suggested Disposition: Receive and File; Approve 17. Area Residential Care, Inc., (ARC) - Vocational Services Agreement City Manager recommending approval of the Area Residential Care, Inc., Vocational Services Agreement for 2014 for the cleanup of litter and raking of playground safety surfaces at four department locations. Suggested Disposition: Receive and File; Approve 18. Fiber Optic Cable Facilities Agreement with Dubuque County City Manager recommending approval of a Fiber Optic Cable Facilities Agreement between the City of Dubuque and Dubuque County that will provide network connectivity from the Historic Federal Building to the Dubuque County Courthouse. Suggested Disposition: Receive and File; Approve Yays Nays Buol Connors Jones Lynch Resnick Sutton Braig 19. Pre -Annexation Agreement - Jelinske City Manager recommending approval of a Pre -Annexation Agreement with James and Laura Jelinske in accordance with the Fringe Area Development Policy. RESOLUTION 136-14 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa, and James L. and Laura V. Jelinske Suggested Disposition: Receive and File; Adopt Resolution(s) 20. Inclusive Dubuque - Contracted Services Agreement City Manager recommending approval of a Contracted Services Agreement with Inclusive Dubuque. Suggested Disposition: Receive and File; Approve 21. Spark vs. City of Dubuque City Attorney recommending approval of a settlement related to Spark vs. the City of Dubuque regarding a bankruptcy violation. Suggested Disposition: Receive and File; Approve 22. Mediacom Communications Company Correspondence from Mediacom Communications Company advising the City of changes in programming taking place on or about June 1, 2014. Suggested Disposition: Receive and File 23. Enterprise Zone Commission Membership City Manager recommending recognition of the appointments of Peggy Murray (Iowa Workforce Development) and Daniel White (Northeast Iowa Community College) to the Enterprise Zone Commission, and approve the reappointment of City Manager Michael C. Van Milligen to serve on the Commission. Suggested Disposition: Receive and File; Approve 8 Yays Nays Buol Connors Jones Lynch Resnick Sutton Braig 24. Signed Contracts Dittmer Recycling 2nd Amendment to Agreement for processing and marketing of recyclables. Suggested Disposition: Receive and File 25. Alcohol Compliance Civil Penalty for Alcohol License Holders — Lot 1 City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Lot 1, 100 Main Street. Suggested Disposition: Receive and File; Approve 26. Alcohol License Applications City Manager recommending approval of annual liquor, beer, and wine licenses as submitted. RESOLUTION 137-14 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 TO BE SET FOR PUBLIC HEARING Yays Nays 2 Buol LZ --.)2 Connors Jones 7i Lynch Resnick , ' Sutton i'�l"r Braig 1. E.B. Lyons Interpretive Area Expansion. Project City Manager recommending initiation of the bidding process for the E.B. Lyons Interpretive Area Expansion Project, and further recommends that a public hearing be set for May 19, 2014. RESOLUTION 138-14 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 5/19/14 10 BOARDS/COMMISSIONS Review of applications to the following Boards/Commissions: 1. Electrical Code Board Two 3 -year terms through May 21, 2017 (Expired terms of Dixon and Wilson). Applicants: James Dixon, 2505 Marquette PI. ,�,yj David Wilson, 2918 Washington St. '� '`4/'� " ' 1 /11491127/1/14,7r PUBLIC HEARINGS (ACTION BEFORE SUSPENDING THE RULES) Yays Nays V Buol V Connors V/ Jones Lynch i„-7ca Iv" Resnick i„ .ti Sutton Vr Braig 1. Water Treatment Plant North Softening Basins Rehabilitation Project City Manager recommending rescinding Resolution No. 107-14, give preliminary approval to the specifications for the Water Treatment Plant North Softening Basins Rehabilitation Project, and establish May 19, 2014 as the date for the public hearing on the specifications for this project. RESOLUTION 139-14 Preliminary approval of the specifications, form of contract, and estimated cost; setting date of public hearing on the specifications, form of contract, and estimated cost; and ordering the advertisement for bids Suggested Disposition: Receive and File; Adopt Resolution(s), Reset Public Hearing to 5/19/14 12 SUSPEND THE RULES Suspend the Rules Yays Nays Nays 1/ Buol L.- / Connors Connors tV iv Jones 1/' Lynch L/ V-- Resnick ,�,.� %d' Sutton V. V 9 Braig Public Hearing #2 Yays Nays Nays IV Buol L.- / Connors Connors tV Jones Jones Lynch Lynch L/ izz Resnick ,�,.� k Sutton V. i,,--"' Braig 2. SRF Green Alley Project - Bid Set 4 Proof of publication on notice of public hearing to consider approval of plans, specifications, form of contract and estimated cost for the SRF Green Alley Bid Set 4 Project and the City Manager recommending approval. RESOLUTION 140-14 Approval of plans, specifications, form of contract and estimated cost for the SRF Green Alley Bid Set 4 Project RESOLUTION 141-14 With Respect to the adoption of the Resolution of Necessity proposed for the SRF Green Alley Bid Set 4 Project RESOLUTION 142-14 Approving Schedule of Assessments and estimate of total cost for the SRF Green Alley Bid Set 4 Project Suggested Disposition: Receive and File; Adopt Resolution(s) REINSTATE THE RULES Yays Nays V Buol L.- / Connors tV Jones Lynch L/ Resnick ,�,.� Sutton V. Braig /1 7 fr 13 ACTION ITEMS 1. Pre -Annexation Requirement Waiver Request - Jon Luckstead Plat Correspondence from Jon Luckstead appealing the City Council's decision to require a pre -annexation agreement for property located at 10496 Ironwood Drive in Tamarack Business Park and further requesting to address the City Council. City Manager recommending that the City Council require the Pre -Annexation Agreement in accordance with the Fringe Area Development Standards. gest d Di osition: R ceiv- and File; Council 32 Yays " Nays Z/ Buol Connors V Jones 1/ Lynch Resnick 1/ Sutton V- Braig )2„7-/ 0e,/ /ye?"' /// kAhii6 /2pzip-IN Pniey //z/a/ /4/ C f Xibtfid ditaPiw NiMirad -1j* /0/ 17c- ,&01.)ae, -11-04461Arizji2 Z)/ 171k It) ii2191�/ - /a/ iv, aid fi/4/moi 41,40A, ev47,&-if )Wd&rn (cv, Pifel -43/ /1'7 ge/3 /14W/ 4)-1 c,`'‘‘," eRiooki4/4,-,.(V ,e//, "leAft--1 ywkoi a/f /Atg - -;0010 -/17/ #00/0, C(*47 Of/4V M 4414/A /21/ iddild/diA(41,-. /1-1&4 MY k gj ed 4'07fiej,r~* - / 9MW4 i ii.L ILII /i// ��- �� 1 /'5/ /i /,I, r I ' 5iJ4 97P14 /U€/f. /iWq/l : , / / 4 141111,41kille 14 7 ZeL- /WM' Nite/k/.- clef (14/ /h/7- 9k/111,e* 4,11// 71 tgeyth& .0/9frdzi /ladrkeR) WANii 0,1 WO/101k /5-zY 71e,- -Oiltr,40,v4-, ad4iM/1401e7 2. Citizen Petition - Support of Minimum Wage Increase Tom Johnson of the Dubuque Catholic Worker House submitting a citizen petition requesting a City Council resolution supporting an increase in the state minimum wage to $10.10 an hour and index it to the cost of living. 9d Suggested Disposition: Receive and File; Council Yays Nays )/ Buol fr--"/ Connors 1/ Jones 1% Lynch Resnick l- Sutton Zr Braig fc/ P.76i--9/0/Amd,cfr --0,./Nienavw hm- 4V/if /0-Aokm/ h114/ /t/i2h,/, -g010 .shi , /4e 6/01 44fillA112141-q/e6- diebf/e/d4Ozie )� ��7/t* nelifli- 4 /41)ki;), eak‘ tAA--/P4 hola/v464 _ a2046/ ~-1#/*//7/40 �u R)gie.77,4/3/6- .,//i/412?A ,1",,v ao zeik"( e47,R,a6-"fregee/e07 15 3. Dubuque Racing Association - Purchase Hilton Garden Inn Hotel City Manager recommending approval of a request from the Dubuque Racing Association to purchase the Hilton Garden Inn Hotel. RESOLUTION 143-14 Authorizing the DRA to make alterations to the facilities in excess of ten thousand dollars ($10,000), finance capital improvements by incurring debt and using future fund dollars as part of a downpayment to facilitate an Asset Purchase Agreement for substantially all of the assets of Dubuque Casino Hotel, LLC., including but not limited to the Hilton Garden Inn and Houlihan's Restaurant assets and operations Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Buol Connors Jones Lynch Resnick Sutton Braig pli4-- /1,/* - 00/ //4 latthi oat /,/;2/6/Iii /14 /07*/ /awe i(P)/4461/0*, /4/16,14 M DO, - 01A/44'fi i/i/ "'a /1)006 a 1 g 11"i-11 e."'d 42- mt /12 f&- ttk 901 /kW 04/11/ 16 4. Prairie Farms Water Usage Agreement City Manager recommending approval of an agreement with Prairie Farms Dairy for a substantial increase in the amount of City water they use in the plant. Suggested Disposition: Receive and File; Approve Yays , Nays 7/r" Buol Connors 1,,- Jones f,/" Lynch V,7 Resnick Sutton 14 Braig 17 5. Sales Tax Increment Revenue Bonds Series 20144 o City Manager recommending approval of the form and distribution of a preliminary official statement relating to the offering and sale of Sales Tax Increment Revenue Bonds, Second Lien Series 2014A. RESOLUTION 144-14 Approving form and distribution of a Preliminary Official Statement relating to the offering and sale of Sales Tax Increment Revenue Bonds (unlimited property tax supported), Second Lien Series 2014 Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays t— Buol V/ Connors Jones 2/' Lynch - Resnick L Sutton 1/y Braig 17701 - arm S69/ 56/W d/fil OA*, b/-4, ) imx 06A &%9? / fk,,i/A., mia4A1-0, ✓ll ,44/h- /w/////6, Aakie- 18 X91 6. J. Thomas Zaber vs. City of Dubuque - Franchise Fee Litigation City Attorney recommending approval of a settlement agreement for J. Thomas Zaber vs. City of Dubuque; and City Manager recommending approval to request Alliant Energy, Maquoketa Valley Electric and Black Hills Energy to agree to amend the Franchise Agreements to allow for a 5% Utility Franchise Fee. RESOLUTION 145-14 Approving a Settlement Agreement in J. Thomas Zaber, Et. Al v. City of Dubuque, Iowa, Iowa District Court for Dubuque County, Case No. CVCV054663 0/6/l71 Suggested Disposition: Receive and FileAdopt Resolution(s) Yays Nays V Buol 1// Connors Jones J Lynch Resnick lig I Sutton 17' Braig g•'c-137 affrd 1 71, frific ,fis) -10/1/1 ./Wet/0#1_ 4 Ilk /1013 /64// "we- 0/ .1/1, + 10 &-/ pkJ /44 -7//4150/," 17,n,Pin I el- z;,& 1/41 -4( 19 7. Greater Dubuque Development Corporation Board Membership Correspondence from Rick Dickinson, President and CEO of Greater Dubuque Development Corporation (GDDC) requesting confirmation of the Mayor and two City Council members for membership on the GDDC Board of Directors from July 1, 2014 through June 30, 2015. Suggested Disposition: Receive and File; Council /,v''41*/n.r/4/ R/1/I dielp 00-tr, Zg7/ 4 Yays Nays Buol al Connors pr Jones t,r Lynch /4/ Resnick 14— Sutton Z4- Braig 20 8. Request for Work Session - Chaplain Schmitt Island Master Plan City Manager requesting that the City Council schedule a work session on the Chaplain Schmitt Island Master Plan for Monday, June 2, 2014 at 5:00 p.m. Suggested Disposition: Receive and File;cetnsil Yays Nays r/ Buol IV Connors jj Jones 1/r Lynch 1/ Resnick 1V Sutton )4 Braig 21 COUNCIL MEMBER REPORTS )/ ? PUBLIC INPUT CLOSED SESSION: Pending Litigation and Property cquisition - Chapter 21.5(1)(c), -(j) Code of Iowa Yays Nays L- ' Buol Lj Connors -/ Jones 1/ Lynch jv Resnick V Sutton Braig ADJOURNMENT: Yays Nays L- ' Buol Lj Connors -/ Jones 1/ Lynch jv Resnick V Sutton Braig 22 TO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a Regular Session of the City Council to be held on Monday, May 05, 2014 at 6:30 PM in the Historic Federal Building for the purpose of conducting such business that may property come before the City Council.. oy D. Buol, Mayor Consent Items: Pages 1-4 TO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a Special Session of the City Council to be held on Monday, May 05, 2014 at 5:00 PM in the Historic Federal Building for the purpose of conducting a work session on the Upper Bee Branch Creek Restoration Project Landscaping Plan. Ro D. Buol, Mayor Consent Items: Pages n/a