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10 5 15 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 October 5, 2015 in the Historic Federal Building,,ui350 W. 6th Street. uPresent: Mayor Buol; Council Members, B‘Cone, 1414/1414/, Rd'snick, tton; City Manager Van Milligen L Absent: City Attorney Lindahl 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 SUSTAINABLE DUBUQUE Adjournment Yays Nays Braig Lynch Jones Connors Resnick Buol V' Sutton dielhaZel X,/ /ma/ 1 I CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on October 5, 2015 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor BGoI; Council Members Brig Connors, Jones, Lyn, Remick, S tton; City Manager Van Ab illigen, City Attorney Linda hl (via phone) Ma -or 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. Head Start Day (October 14, 2015) was accepted by Brenda Sullivan of Operation: New View Community Action Agenacy, 1473 Central Avenue. 2. White Cane Safety Day (October 15, 2015) was accepted by 3. Trick -or -Treat Night (October 31, 2015) was accepted by Mayor Buol. 4. Arts and Humanities Month (October 2015) was accepted by Marina O'Rourke, Arts and Cultural Affairs Advisory Commission Chairperson. 2 f CONSENT ITEMS Yays Nays l Braig i7/ Lynch Jones Connors Resnick / Buol 17 Sutton 1. Minutes and Reports Submitted City Council Proceedings of 9/21; Civil Service Commission of 9/17; Community Development Advisory Commission of 9/16; Housing Commission of 8/25; Housing Trust Fund Advisory Committee of 9/17, 9/21; Human Rights Commission of 8/10; Park and Recreation Advisory Commission of 9/8; Sister City Relationships Advisory Commission of 9/16; Proof of publication for City Council Proceedings of 9/8 Suggested Disposition: Receive and File 2. Notice of Claims and Suits Lynn Ann Chillook for personal injury/vehicle damage; Liberty Mutual on behalf of Daniel Bellows for personal injury; Patrick Maiden for vehicle damage; Don Pettit for vehicle damage; Frank Vlach, III 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: Liberty Mutual on behalf of Daniel Bellows for personal injury; Lynn Ann Chillook for personal injury/vehicle damage; Patrick Maiden for vehicle damage; Don Pettit for vehicle damage; Frank Vlach, III for vehicle damage Suggested Disposition: Receive and File; Concur 4. Government Finance Officers Association - Distinguished Budget Presentation Award Correspondence from the Government Finance Officers Association (GFOA) advising that it has awarded the Distinguished Budget Presentation Award to the City of Dubuque for the tenth consecutive year and Certificates of Recognition for budget preparation to Budget Director Jennifer Larson for the Fiscal Year 2015/2016. Suggested Disposition: Receive and File 3 Yays Nays Braig Lynch Jones Connors Resnick Buol Sutton 5. Dubuque National Service Partnership Award City Manager transmitting information the Corporation for National and Community Service recognizing the Dubuque National Service Partnership with an award in honor of retired Senator Tom Harkin. Suggested Disposition: Receive and File 6. Port of Dubuque Clean Marina Certification City Manager transmitting information on the recent award to the Port of Dubuque Marina making it the first Certified Clean Marina in Iowa. Suggested Disposition: Receive and File 7. NICC Outreach Success Coach Report City Manager transmitting a report by Samaria Neely, Outreach Success Coach at NICC Suggested Disposition: Receive and File 8. Catfish Creek Watershed City Manager transmitting educational brochures for the Catfish Creek Watershed. Suggested Disposition: Receive and File 9. Southwest Arterial Project - Consultant Selection for Construction Engineering Services City Manager recommending concurrence with the selection of IIW, P.C. as the first - ranked consultant and requests approval for the City Manager to execute the Standard Consultant Contract with IIW, P.C. to provide all phases of Construction Engineering Services for both the English Mill Road Reconstruction Project and the Military Road Reconstruction Project. Suggested Disposition: Receive and File; Concur 4 Yays Nays Braig Lynch Jones Connors Resnick Buol Sutton 10. Acceptance of Deed - CW Wolff, LLC (SELCO) City Manager recommending approval of a resolution accepting the Quit Claim Deed related to the purchase of the alley between Main Street and Salina Street by CW Wolff, LLC (SELCO). RESOLUTION 331-15 Accepting the Deed to certain real estate from CW Wolff, LLC in Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 11. Authorized Depository Institutions City Manager recommending approval of a resolution increasing the maximum balance allowed at Fidelity Bank and Trust. RESOLUTION 332-15 Naming Depositories Suggested Disposition: Receive and File; Adopt Resolution(s) 12. Assignment & Assumption Agreements - Cottingham & Butler, Inc. City Manager recommending approval of a resolution consenting to the Assignment and Assumption Agreement between Town Clock Building Company and Cottingham & Butler, Inc. and a second resolution consenting to the Assignment and Assumption Agreement between Security Investments, LLC and Cottingham & Butler, Inc. RESOLUTION 333-15 Consenting to the Assignment of: 1) City of Dubuque, Iowa, Downtown Rehabilitation Loan Program Loan Agreement, Number: DRLP#2-01 dated June 28, 2001; 2) Promissory Note dated June 28, 2001; 3) Mortgage to City of Dubuque, Iowa dated June 28, 2001 and recorded as Instrument No. 9858-01, and 4) Mortgage to City of Dubuque, Iowa dated May 20, 2002 and recorded as Instrument No. 9234-02, between the City of Dubuque, Iowa and Town Clock Building Company to Cottingham & Butler, Inc. RESOLUTION 334-15 Consenting to the Assignment of: 1) City Of Dubuque, Iowa, Downtown Rehabilitation Loan Program Loan Agreement, Number: DRLP#3-98 Dated November 13, 1998; 2) Promissory Note dated January 24, 2008; and 3) Mortgage to City of Dubuque, Iowa Dated January 24, 2008 and recorded as Instrument No. 2008- 5 00001182, between the City of Dubuque, Iowa and Security Investments, LLC to Cottingham & Butler, Inc. Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Braig Lynch Jones Connors Resnick Buol Sutton 13. Restrictive Covenant for 1849 Jackson Street City Manager recommending approval of a resolution attaching a single family residence restrictive covenant to 1849 Jackson Street prior to the City's disposal of the property. RESOLUTION 335-15 Attaching a Single Family Resident Restrictive Covenant, to 1849 Jackson Street, Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 14. Grandview/Loras and Grandview/University Intersection Improvements Project - Set Fair Market Value and Start Eminent Domain Proceedings City Manager recommending approval of a resolution which establishes and sets the Just Compensation Valuation (Fair Market Value) for each identified permanent easement to be acquired based on the Eminent Domain Value Finding Appraisals Reports for the Grandview/Loras and Grandview/University Intersection Improvements project. RESOLUTION 336-15 Establishing the fair market value of real property for the Grandview / Loras and Grandview / University Intersection Improvements Project, directing good faith negations for the acquisition of property and authorizing the commencement of Eminent Domain proceedings, if necessary, to acquire property Suggested Disposition: Receive and File; Adopt Resolution(s) 15. Acceptance of Storm Sewer Easement at 2810 Wildwood Court City Manager recommending acceptance of a Grant of Permanent Easement for Storm Sewer across 2810 Wildwood Court from Stan and Charalin Simon. RESOLUTION 337-15 Accepting a grant of Permanent Easement for storm sewer through, over and across part of Lot 1 of S. Simon Place, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 6 Yays Nays Braig Lynch Jones Connors Resnick Buol Sutton 16. Brunskill Street Place Storm Water Detention Facility Acceptance City Manager recommending acceptance of the storm water detention facility that the developer, McDermott Brothers Construction, has completed and is dedicating in Brunskill Street Place in the City of Dubuque. RESOLUTION 338-15 Accepting stormwater detention facilities in Brunskill Street Place, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 17. Acceptance of a Permanent Easement for Storm Sewer at 2595 Fulton Street City Manager recommending rescission of Resolution No. 318-15 and approval of a new resolution correcting the legal description and property owner information in connection with the acceptance of a permanent easement for storm sewer across a portion of residential property at 2595 Fulton Street from Andrea and Joel Leach. RESOLUTION 339-15 Rescinding Resolution 318-15 and accepting a Grant of Permanent Easement for storm sewer through, over and across part of Lot 27 in Highland Addition, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 18. Grant of Permanent Easement and Agreements - Bus Shelters City Manager recommending Council approval of Easement Agreements and acceptance of Grants of Permanent Easement for bus shelters at Windsor Park Retirement Apartments, 801 Davis Street, and Goodwill Industries, 2121 Holliday Drive. RESOLUTION 340-15 Approval of an agreement and accepting a Grant of Permanent Easement for a bus shelter located at Goodwill Industries, 2121 Holliday Drive in Dubuque, Iowa RESOLUTION 341-15 Approval of an agreement and accepting a Grant of Permanent Easement for a bus shelter located at Windsor Park Retirement Apartments, 801 Davis Street in Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 7 Yays Nays Braig Lynch Jones Connors Resnick Buol Sutton 19. Restated Plan Document & Summary Plan Description for Point of Service Health Care Plan City Manager recommending approval for the City Manager to execute the Restated Plan Document and Summary Plan Description for the City's health care plan that incorporates all of the amendments. Suggested Disposition: Receive and File; Approve 20. Alternative Services Concepts, LLC (ASC) Agreement City Manager recommending authorization to execute an agreement with Alternative Services Concepts, LLC (ASC) for worker's compensation claims services. Suggested Disposition: Receive and File; Approve 21. 2015 Department of Justice Body Worn Camera Grant Acceptance City Manager recommending approval of the acceptance of the 2015 Department of Justice Body Worn Camera Grant. Suggested Disposition: Receive and File; Approve 22. School Resource Officer Agreement City Manager recommending approval of the Fiscal Year 2015-2016 School Resource Officer Agreement between the City of Dubuque Police Department and the Dubuque Community School District. Suggested Disposition: Receive and File; Approve 23. Drug Abuse Resistance Education (DARE) Program Agreement City Manager recommending approval of the Fiscal Year 2015-2016 DARE Agreement between the City of Dubuque Police Department and the Dubuque Community School District. Suggested Disposition: Receive and File; Approve 8 Yays Nays Braig Lynch Jones Connors Resnick Buol Sutton 24.2015 Justice Assistance Grant (JAG) Application City Manager recommending acceptance of the 2015 Justice Assistance Grant (JAG) application. Suggested Disposition: Receive and File; Approve 25. Iowa's Clean Air Attainment Program (ICAAP) Application for Funding Traffic Improvements - NW Arterial and Pennsylvania Avenue City Manager recommending approval of a resolution authorizing the City of Dubuque to submit an application to the Iowa Department of Transportation for Iowa's Clean Air Attainment Program (ICAAP) to assist with funding a proposed right turn lane on Pennsylvania Avenue at the Northwest Arterial. RESOLUTION 342-15 Authorizing the filing of a grant application with the Iowa Department of Transportation for Iowa Clean Air Attainment funding for the City of Dubuque Pennsylvania Avenue and NW Arterial Right Turn Lane Improvement Suggested Disposition: Receive and File; Approve 26. Iowa's Clean Air Attainment Program (ICAAP) Application for Funding Traffic Improvements - NW Arterial and John F. Kennedy Road City Manager recommending approval of a resolution authorizing The City of Dubuque to submit an application to the Iowa Department of Transportation for Iowa 's Clean Air Attainment Program (ICAAP) to assist with funding a proposed right turn lane on John F. Kennedy Road at the Northwest Arterial. RESOLUTION 343-15 Authorizing the filing of a grant application with the Iowa Department of Transportation for Iowa Clean Air Attainment funding for the City of Dubuque John F. Kennedy Road and NW Arterial Right Turn Lane Improvements Suggested Disposition: Receive and File; Adopt Resolution(s) 9 Yays Nays Braig Lynch Jones Connors Resnick Buol Sutton 27. Code of Ordinances - Adoption of Supplement No. 19 City Clerk recommending adoption of Supplement No. 19 to the City of Dubuque Code of Ordinances, which codifies Ordinance Nos. 29-15 through 38-15, 40-15, 41-15, 42- 15, 43-15 and 45-15 through 51-15 as adopted by the City Council through August 3, 2015. RESOLUTION 344-15 Adopting Supplement No. 19 to the Code of Ordinances of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 28. Compact of Mayors City Manager transmitting Mayor Buol's letter of commitment to join the Compact of Mayors. Suggested Disposition: Receive and File 29. Federal Energy Regulatory Commission (FERC) Correspondence Correspondence providing the City's response to the Federal Energy Regulatory Commission's (FERC) Notice of Preliminary Permit Application proposing to study the feasibility of a hydroelectric project at Lock and Dam No. 11. Suggested Disposition: Receive and File 30. Improvement Contracts/Performance and Maintenance Bonds Midwest Concrete, Inc., for the 2015 Asphalt Overlay Access Ramp Project Four Suggested Disposition: Receive and File; Approve 10 Yays Nays Braig Lynch Jones Connors Resnick Buol Sutton 31. Alcohol and Tobacco License Applications City Manager recommending approval of annual liquor, beer, wine and tobacco license applications as submitted. RESOLUTION 345-15 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 RESOLUTION 346-15 Approving applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa Code 453A.47A Suggested Disposition: Receive and File; Adopt Resolution(s) 11 ITEMS SET FOR PUBLIC HEARING 1. Sewer Shed 7 Manhole Replacement Project 2. English Ridge - Housing Urban Renewal District Yays Nays Braig em's// Lynch Jones Connors Resnick Buol Sutton 10/19/15 11/2/15 1. Sewer Shed 7 Manhole Replacement Project City Manager recommending initiation of the public bidding procedure for the 2015 Sewershed 7 and 10 Manhole Replacement Project, and further recommends that a public hearing be set for October 19, 2015. RESOLUTION 347-15 2015 Sewershed 7 & 10 Manhole Replacement Project; 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 10/19/15 2. English Ridge - Housing Urban Renewal District City Manager recommending approval of a Resolution of Necessity that finds that a Housing Urban Renewal Plan for the English Ridge area is both necessary and appropriate, and set a public hearing on the proposed plan for November 2, 2015. RESOLUTION 348-15 Resolution of Necessity finding that certain property in English Ridge Subdivision is an Economic Development Area and that the development of said Area is necessary in the interest of the residents of the City of Dubuque, Iowa, and setting a date for hearing on a proposed Urban Renewal Plan for said District Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for 11/2/15 12 BOARDS/COMMISSIONS Appointments to the following commissions to be made at this meeting. 1. Civic Center Advisory Commission One, 3 -year term through June 29, 2016 (Vacant term of Scott) Applicant: A. Alanda Gregory, 1560 Iowa St. #3 Yays Nays Braig Lynch , Jones / Connors Resnick '""/ Buol Sutton 2. Housing Commission Three, 3 year terms through August 17, 2018 (Expiring At -Large term of Fernandes; vacant At -Large term of Holz; and vacant Section 8 -Recipient Term of Eubanks) Applicants: 1. Anna Fernandes, 2191 Broadlawn (Qualifies for At -Large); 2. Nicolas Hobson, 1592 Locust St., (Qualifies for At -Large) (Additional Applicant); 3. Jill Kedley, 237 Southgate Dr. (Qualifies for At -Large); 4. Coralita Shumaker, 305 W. 16th St. (Qualifies as Section 8 Recipient) (Additional Applicant) , 3a/ 14 Fernandes Hobson Kedley Shumaker Braig ( / me Lynch / Jones / ,f Connors / rResnick / / Buol / Sutton / /' 14 3. Transit Advisory Board One, 3 year term through July 30, 2016 (Vacant term of Knight). Applicants: 1. Joel Lightcap, 1985 Alta Vista St.; 2. Carrie Lohrmann, 1879 Denver Dr. #7B frfreze, ihirpikd ed 15 Lightcap Lohrmann Braig / Lynch / Jones Connors Resnick Buol Sutton f frfreze, ihirpikd ed 15 PUBLIC HEARINGS SUSPEND THE RULES Yays Nays Ever, Braig it.,,7 Lynch y/ Jones AV Connors V, Resnick /'°r Buol Sutton 1. Voluntary Annexation - Bahl Property Proof of publication on notice of public hearing to consider approval of a voluntary annexation request from Martin J. and Linda C. Bahl, and Terrance G. Bahl, for 1.3 acres of their property from Asbury Road north to Forest Hills Subdivision in the City of Asbury and the City Manager recommending approval. RESOLUTION 349-15 Approving an application for voluntary annexation of territory to the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Ever, Braig it.,,7 Lynch Jones L�'` ' Connors Resnick /'°r Buol Sutton 16 2. Sale of Property at 1501-1503 Bluff Street Proof of publication on notice of public hearing to consider disposing of City -owned real property at 1501 - 1503 Bluff Street to Ethan D. and Valerie R. Winn and the City Manager recommending approval. RESOLUTION 350-15 Disposing of City interest in real property located at 1501-03 Bluff Street in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s). Yays Nays Braig i Lynch Jones Connors Resnick Buol Sutton igi/e REINSTATE THE RULES This action limits discussion to the City Council Yays Nays 1/3 Braig Lynch Jones Connors Resnick Buol Sutton 17 ACTION ITEMS 61' ws 1. StartUp Dubuque Presentation NICC President Dr. Liang Chee Wee and Cartegraph CEO Jake Schneider to provide a presentation on StartUp Dubuque. Suggested Disposition: Receive and File; Presentation Yays, Nays Braig Lynch Jones Connors Resnick Vim, Buol Sutton Wale, P aka 0.41,1 4a1g4/6 L2,04,?e /9V 447,0al /-03 l *07 Ain( MAP 2. Donation of Sculptures Correspondence from artist James Avery requesting that the City accept the donation of two transportation -theme sculptures for display inside a public building. Suggested Disposition: Receive and File; Giic l Yays Nays Braig Lynch Jones if Connors Resnick Buol Sutton keim 114/o46- ,&//4//ale-- 000 iieW4 9 19 3. Upper Bee Branch Creek Mississippi River Trail Project Award City Manager recommending award of the construction contract for the Upper Bee Branch Creek Mississippi River Trail Project to the sole bidder, Portzen Construction, Inc., subject to Iowa Department of Transportation approval. RESOLUTION 351-15 Awarding Public Improvement Contract for the Upper Bee Branch Creek Mississippi River Trail (MRT) Iowa DOT Project No. SB -IA -2100(675)-- 7T-31 Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays i/i/j Braig Lynch Jones ° . Connors Resnick b Buol ' Sutton Off 20 4. Lake Eleanor Road Lift Station and Water Main Extension Project Award City Manager recommending award of the construction contract for the Lake Eleanor Road Lift Station and Water Main Extension Project to the low bidder, Horsfield Construction, Inc. RESOLUTION 352-15 Awarding Public Improvement Contract for the Lake Eleanor Road Lift Station and Water Main Extension Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Braig Lynch Jones Connors Resnick Buol Sutton 21 5. Enhanced Neighborhood Support Report City Manager submitting a status report on current community efforts to invest in people and neighborhoods to have a high quality of life and preserve the ability of citizens to feel and be safe; and recommending modification of the City's current street lighting policy, and the addition of security cameras in the current and future fiscal years. Suggested Disposition: Receive and File; Approve Yay8 Nays Braig Lynch ii,„"7 Jones Connors Resnick V ,; Buol /Sutton fic 414'9 11)7 ilifig/S- *id/tit/ 0,4, /41 ip 4 ifi,41/#-.- 17Vg /601 w xe/ fthed "ie &I, 2 XIr al/ t/did j� l�-102 /did' Alt/la)74 ?P /70/70 ) 6. Request to Schedule Work Session on Enhanced Neighborhood Support City Manager recommending approval to schedule a work session for October 19, 2015, at 5:00 p.m. on Enhanced Neighborhood Support. Suggested Disposition: Receive and File; Council Yays Nays Braig ijBraig Lynch Jones Connors Resnick �.- Buol Sutton 7. Request to Schedule Work Session on Project H.O.P.E. City Manager recommending approval to schedule a work session for November 16, 2015, at 5:30 p.m. on Project H.O.P.E. Suggested Disposition: Receive and File; Council Yays Nays ijBraig Lynch Jones Connors Resnick �.- Buol Sutton 23 COUNCIL MEMBER REPORTS PUBLIC INPUT CLOSED SESSION @ p.m. Pending Litigation and Property Acquisition — Chapter 21.5(1)(c), -(j) Code of Iowa Yays Nays ,7'1,7 Braig /,; Lynch V Jones V Connors i-" Resnick Resnick V Buol 7 fr ' Sutton ADJOURNMENT .m. Yays Nays ,7'1,7 Braig /,; Lynch V Jones V Connors i-" Resnick Buol 7 Sutton 24 TO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a Special Session of the City Council to be held on Monday, October 05, 2015 at 5:00 PM in the Historic Federal Building for the purpose of conducting a work session on Sustainble Dubuque. Consent Items: Pages n/a D oy D. Buol, Mayor TO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a Regular Session of the City Council to be held on Monday, October 05, 2015 at 6:30 PM in the Historic Federal Building for the purpose of conducting such business that may properly come before the City Council. D Consent Items: Pages 1-4 D. Buol, Mayor