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12 7 15 Clerk's Skeleton Notes and Meeting CallCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on December 7, 2015 in the Historic Federal Building, 350 W. 6th Street. (Present: Mayor Pro-Terr`P'Sutton; Council Members Vaig, Confiors, Joies Ly`hch, esnick; City Managen Milligen, City Attor Lindahl }c6sent: Mayor Buol Mayor Pro -Tem Sutton 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 1 CONSENT ITEMS Yays Nays Connors Braig v�f Buel Jones Lynch Resnick Sutton 1. Minutes and Reports Submitted Cable TV Commission of 10/14; City Council Proceedings of 11/16; Historic Preservation Commission of 11/19; Library Board of Trustees Update of 11/19; Sister City Relationships Advisory Commission of 11/18; Zoning Board of Adjustment of 11/19; Proofs of Publication for City Council Proceedings of 11/2; Proofs of Publication for List of Claims and Summary of Revenues for Months Ending 9/20, 10/31 Suggested Disposition: Receive and File 2. Notice of Claims and Suits Matt Daykin for vehicle damage, Shannon Martin for property damage, Donna Moeller for personal injury Suggested Disposition: Receive and File; Refer to City Attorney 3. SCADA Manhole Installation Project Award City Manager recommending award of the construction contract for the 2015 SCADA (Flow Metering Stations) Manhole Installation Project to the low bidder, Connolly Construction, Inc. RESOLUTION 404-15 Awarding public improvement contract for the SCADA (Flow Metering Stations) Manhole Installation Project Suggested Disposition: Receive and File; Adopt Resolution(s) 4. 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: Matt Daykin for vehicle damage; Shannon Martin for property damage; Betty Tigges for loses related to eminent domain Suggested Disposition: Receive and File; Concur 2 Yays Nays Connors Braig Buol Jones Lynch Resnick Sutton 5. Abstract of Votes - 2015 General Election Dubuque County Supervisors submitting the Abstract of Votes from the November 3, 2015 General Election. Suggested Disposition: Receive and File 6. Paragon Square and Marquette Place Senior Housing Projects - Letters of Commitment City Manager recommending approval of two letters of financial support for senior housing projects in downtown Dubuque by Paragon Square Senior Housing, LLLP at 2887-2901 Central Avenue (former Holy Ghost School) and Marquette Hall, LLC at 2222 Queen Street (former Sacred Heart School). Suggested Disposition: Receive and File; Approve 7. Acceptance of Asphalt Overlay Access Ramp Project One City Manager recommending acceptance of the construction contract for the 2015 Asphalt Overlay Access Ramp Project One as completed by Midwest Concrete, Inc. RESOLUTION 405-15 Accepting the 2015 Asphalt Overlay Project Curb Access Ramps Project One and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 8. Acceptance of Asphalt Overlay Access Ramp Project Two City Manager recommending acceptance of the construction contract for the 2015 Asphalt Overlay Access Ramp Project Two as completed by Midwest Concrete, Inc. RESOLUTION 406-15Accepting the 2015 Asphalt Overlay Project Curb Access Ramps Project Two and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 3 Yays Nays Connors Braig Buol Jones Lynch Resnick Sutton 9. Acceptance of Asphalt Overlay Access Ramp Project Three City Manager recommending acceptance of the construction contract for the 2015 Asphalt Overlay Access Ramp Project Three as completed by Midwest Concrete, Inc. RESOLUTION 407-15 Accepting the 2015 Asphalt Overlay Project Curb Access Ramps Project Three and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 10. Acceptance of SRF Green AIIey Project Bid Set 1 - Year 2 City Manager recommending acceptance of the construction contract for the SRF Green AIIey-Bid Set 1 Year 2 Project as completed by Drew Cook and Sons Excavating and adopting the Final Schedule of Assessments. RESOLUTION 408-15 Accepting the SRF Green AIIey Project - Bid Set 1 Year 2 and authorizing the payment of the contract amount to the contractor RESOLUTION 409-15 Adopting the Final Assessment Schedule for the SRF Green AIIey Project Bid Set 1 Year 2 Suggested Disposition: Receive and File; Adopt Resolution(s) 11. Acceptance of Sanitary Sewer Main Improvements - Arbor Estates No. 2 City Manager recommending acceptance of the public improvements that the developer, Riverdream Properties LLC, has recently completed in Arbor Estates No. 2. RESOLUTION 410-15 Accepting public improvements in Arbor Estates No. 2 in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 4 Yays Nays Connors Braig Buol Jones Lynch Resnick Sutton 12. Acceptance of Fire Station #4 Improvements - Mechanical & Restroom Upgrade Project City Manager recommending acceptance of the construction contract for the Fire Station #4 Improvements — Mechanical and Restroom Upgrade Project, as completed by Maryville Construction Company. RESOLUTION 411-15 Accepting the Fire Station No. 4 - Mechanical & Restroom Upgrade Project and authorizing the payment to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 13. Acceptance of Public Roadway Improvements at John F Kennedy Road and West 32nd Street City Manager recommending acceptance of the public roadway improvements that the developer, Kivlahan Farms L.C., has recently completed at the intersection of John F. Kennedy Road and West 32nd Street. RESOLUTION 412-15 Accepting public roadway improvements at JFK Road and West 32nd Street in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 14. Weaver Castle, LLC Amendment to Development Agreement for 1576-1578- 1580 Locust Street City Manager recommending approval of the 2nd Amendment to Development Agreement with Weaver Castle, LLC for 1576-1578-1580 Locust Street extending the completion date to April 30, 2016. RESOLUTION 413-15 Approving the Second Amendment to the Development Agreement between the City of Dubuque, Iowa and Weaver Castle, LLC Suggested Disposition: Receive and File; Adopt Resolution(s) 5 Yays Nays Connors Braig B uel Jones Lynch Resnick Sutton 15. Weaver Castle, LLC Amendment to Development Agreement for 324-326 W. Locust Street City Manager recommending approval of the Second Amendment to Development Agreement with Weaver Castle, LLC to allow the developer to be paid the Downtown Housing Incentive for an additional apartment at 324-326 W. Locust Street. RESOLUTION 414-15 Approving the Second Amendment to the Development Agreement between the City of Dubuque, Iowa and Weaver Castle, LLC Suggested Disposition: Receive and File; Adopt Resolution(s) 16. Appeal of Claim by Frank Vlach City Attorney recommending denial of the appeal of a claim against the City by Frank Vlach for vehicle damage. Suggested Disposition: Receive and File; Concur 17. Sewershed 10 Corrective Action Plan and Submittal of Reports City Manager recommending approval of and authorization for the City Manager to certify the Corrective Action Plan for Sewershed 10 and submittal of the certified report to the U.S. Department of Justice, U.S. Environmental Protection Agency and the Iowa Department of Natural Resources. Suggested Disposition: Receive and File; Approve 18. Swimming Pool Concessions Staffing City Manager recommending approval of the addition of staffing in the amount of .479 Full Time Equivalent (FTE's) for Fiscal Year 2016 and 1.44 FTEs in the future budgets for the purpose of operating the concession stands at Flora and Sutton Pools. Suggested Disposition: Receive and File; Approve 6 Yays Nays Connors Braig Buot Jones Lynch Resnick Sutton 19. Water Department - Request to Create a Separate Civil Service Classification City Manager recommending approval to eliminate one Equipment Operator II position and create one Water Distribution Equipment Operator position in the Water Department. Suggested, Disposition: Receive and File; Approve 20. Freshwater Mussels and the Renewal of the Dubuque Ice Harbor City Manager transmitting information from the U.S. Fish and Wildlife Service Midwest Region about Freshwater Mussels and the renewal of the Dubuque Ice Harbor. Suggested Disposition: Receive and File 21. Dubuque Intermodal Transportation Center (DITC) Signage Historic Preservation Commission recommending approval of the internally illuminated electronic message center sign for the DITC parking ramp, as submitted, with suggestions. Suggested Disposition: Receive and File; Approve 22. Holy Family School District - DARE Agreement City Manager recommending approval of the Fiscal Year 2015/2016 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 23. Bee Branch Creek Flood Control Pumping Station Gates and Primary Electrical Service Replacement Project City Manager recommending the City enter into an agreement with IIW, P.C. for design and engineering services, including the alternative design analysis, for the Bee Branch Flood Control Pumping Station Gates and Primary Electrical Service Replacement Project. Suggested Disposition: Receive and File; Approve 7 Yays Nays Connors Braig Buof Jones Lynch Resnick Sutton 24. U.S. EPA Urban Waters Small Grant Application City Manager recommending approval of an application for U.S. EPA Urban Waters Small Grant in order to secure funding to identify the source of the E. coli bacteria found in the Bee Branch Creek and establishing the City Manager as an authorized representative of the City regarding the grant. RESOLUTION 415-15 Approving an application for water monitoring and establishing the City Manager as an authorized representative regarding the agreement between the U.S. Environmental Protection Agency and the City of Dubuque, Iowa for Urban Waters Small Grant Suggested Disposition: Receive and File; Adopt Resolution(s) 25. Total Administrative Services Corporation Flexible Spending Plan Fee Renewal City Manager recommending approval of the administrative services fee proposed by Total Administrative Services Corporation for the flexible spending plan effective January 1, 2016, through December31, 2016. Suggested Disposition: Receive and File; Approve 26. Iowa Scenic Byways Jurisdiction Agreement City Manager recommending authorization for the Mayor to execute a Jurisdiction Agreement with the Iowa Department of Transportation for the Iowa Scenic Byways Program to remove and replace the Iowa Great River Road signs. RESOLUTION 416-15 Approving a Jurisdiction Agreement between the City of Dubuque and the Iowa Department of Transportation for the Iowa Scenic Byways Program to remove and replace the Iowa Great River Road signs Suggested Disposition: Receive and File; Adopt Resolution(s) 8 Yays Nays Connors Braig B uel Jones Lynch Resnick Sutton 27. SW Arterial Supplemental Agreement No. 15 City Manager recommending authorization for the City Manager to execute the Consultant Professional Services — Supplemental Agreement with AECOM Technical Services, Inc. for the final engineering design phase of the Southwest Arterial Project, subject to the concurrence of the Iowa Department of Transportation. RESOLUTION 417-15 Approving the Consultant Professional Services - Supplemental Agreement No. 15 between AECOM Technical Services, Inc., and the City of Dubuque for the completion of final engineering design phase of the Southwest Arterial Project Suggested Disposition: Receive and File; Adopt Resolution(s) 28. Civil Service Commission Civil Service Commission submitting the Certified Lists for the positions of Firefighter and Mechanic. Suggested Disposition: Receive and File; Make Matter of Record 29. Community Development Block Grant (CDBG) Annual Action Plan FY 2016 Amendment 2 City Manager recommending approval of the Fiscal Year 2016 Community Development Block Grant Annual Action Plan — Amendment 2 that reallocates funds from the prior Fiscal Year 2015 Annual Plan into the Fiscal Year 2016 Annual Plan and reprograms funds for existing and new projects. RESOLUTION 418-15 Approving Fiscal Year 2016 (Program Year 2015) Annual Action Plan Amendment 2 for Community Development Block Grant (CDBG) Funds Suggested Disposition: Receive and File; Adopt Resolution(s) 30. Fiscal Year 2017 Annual TIF Report City Manager transmitting the Annual Tax Increment Financing Report for Fiscal Years 2017 that has been filed with Dubuque County Auditor Denise Dolan. Suggested Disposition: Receive and File 9 Yays Nays Connors Braig duet Jones Lynch Resnick Sutton 31. State of Iowa Annual Financial Report FY 2015 City Manager recommending approval of the City of Dubuque Fiscal Year 2015 Annual Financial Report. Suggested Disposition: Receive and File; Approve 32. South Fork Streambank Restoration Project City Manager recommending the award of the South Fork Streambank Project to MSA Professional Services for the purposes of survey, design and construction inspections. Suggested Disposition: Receive and File; Approve 33. Improvement Contracts / Performance, Payment and Maintenance Bonds IDOT/Portzen Construction for the Upper Bee Branch Creek Mississippi River Trail; Top Grade Excavating, Inc., for the 2015 Sewershed 7 & 10 Brick Manhole Replacement Project Suggested Disposition: Receive and File; Approve 34. Alcohol Compliance Civil Penalty for Alcohol License Holder — Neighbor's Tap City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Neighbor's Tap, 1899 Rockdale Road. Suggested Disposition: Receive and File; Approve 35. Alcohol Compliance Civil Penalty for Alcohol License Holder — Pizza Hut City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Pizza Hut #4691, 320 East 20th Street. Suggested Disposition: Receive and File; Approve 10 Yays Nays Connors Braig Buot Jones Lynch Resnick Sutton 36. Alcohol License Applications City Manager recommending approval of annual beer, liquor and wine licenses as submitted. RESOLUTION 419-15 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 Suggested Disposition: Receive and File; Adopt Resolution(s) 11 ITEMS SET FOR PUBLIC HEARING 1. General Obligation Bond Series 2016ABC - General Corporate Purpose City Manager recommending that a public hearing be set for December 21, 2015, on the proposition of selling not to exceed $505,000 in Tax -Exempt General Obligation Bonds, the proceeds of which will be used to pay costs of roof improvements to the Historic Federal Building and tuck -pointing at the Ham House. RESOLUTION 420-15 Fixing date for a meeting on the proposition of the issuance of not to exceed $505,000 General Obligation Bonds of the City of Dubuque, State of Iowa (for General Corporate Purposes), and providing for publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for 12/21/15 2. General Obligation Bonds Series 2016BC - Essential Corporate Purpose City Manager recommending that a public hearing be set for December 21, 2015, on the proposition of selling not to exceed $15,555,000 in Tax -Exempt General Obligation Bonds, the proceeds of which will be used to pay costs of Airport New Terminal improvements, sanitary sewer improvements, water system improvements, and refund previously issued general obligation bonds. RESOLUTION 421-15 Fixing date for a meeting on the proposition of the issuance of not to exceed $15,555,000 General Obligation Bonds of the City of Dubuque, State of Iowa (for Essential Corporate Purposes), and providing for publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for 12/21/15 Yays Nays Connors t"---- Braig Buell Jones - / Lynch ,, Resnick yam`. ` Sutton 12 BOARDS/COMMISSIONS Boards and Commission Applicant Review. Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. 1. Mechanical Board One, 3 -year term through March 16, 2016 (Vacant term of Kelly) Applicant - Dan Hillary, 3087 Arbor Oaks 40, 2. Mediacom Charitable Foundation One, 1 -year term through December 31, 2016 (Expired terms of Chavenelle) Applicant - Gail Chavenelle, 1155 Kelly Lane 3. Transit Advisory Board One, 3 -year term through July 30, 2017 (Vacant term of Stedman) Applicants: Joel Lightcap, 1985 Alta Vista St. Dora Serna, 2160 Marion St. , 4. Zoning Board of Adjustment One, 5 -year term through March 25, 2020 (Expired term of Bird) Applicants: Keith Ahlvin, 264 S. Grandview Eugene Bird, 3985 Mount Vail Ridge. This commission is subject to the State of Iowa Gender Balance Law. 5 Commissioners total; currently 2 males/2 females 13 ACTION ITEMS 6)0 1. Greater Dubuque Development Corporation - Quarterly Update President and CEO Rick Dickinson to present the quarterly update on the activities of the Greater Dubuque Development Corporation. Suggested Disposition: Receive and File Yays ` Nays Connors IV ,--9._ Braig B-uo! Jones Lynch ' , Resnick / Sutton ter, ? wee /ie viol m84/#�depti "91 - ;Re_ 4o6 „ ‘,6/' 7,% 4//46 2_ fi al/ 01 690/Ml 'ffm AY6 9i� . NOW- / 6 ViO tae- A 62°i/ -,7d 7')bD 'yam/' 14 )vpi - Ark - 4, 94- I fix mf,/ RN/kin /04. 144,4 k //144 -�y/7// 7492- 2. Bee Branch Creek - Basin Overlook & 22nd Street Parking Lot Project Award City Manager recommending award of the construction contract for the Bee Branch Creek — Basin Overlook & 22nd Street Parking Lot Project to the low bidder, Portzen Construction, Inc., subject to Iowa Department of Transportation approval. RESOLUTION 422-15 Awarding the public improvement contract for the Bee Branch Creek - Basin Overlook & 22nd Street Parking Lot Project, Iowa DOT Project No. TAP - U -2100(683)--81-31 Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays / Connors ),,®°'l Braig Buck Jones Lynch . Resnick V Sutton /7071 Mil /46 .141 ita/k/46 15 f a4g 5 Alf fe/7/F 1797/1".,k7 d947' voi;* Wativ, 3. Transit Bus Storage Facility Project Consultant Selection City Manager recommending approval of the selection of Kueny Architects to provide architectural design, engineering and construction administration services for the City of Dubuque — Transit Bus Storage Facility Project and provide authority to negotiate an agreement and execute a contract. Suggested Disposition: Receive and File; Approve Yays Nays -'' Connors 1/ Braig Bret Jones 1 Lynch IV ,. Resnick ? Sutton saw - 16 /iees we/eddy:4 ,/a/(//w tofie/Ae) /4;/5/- imbge it/ iaqikt/A/1_4" Cte 7,6 4. EPA Brownfield Area -Wide Planning Grant - Service Contract City Manager recommending approval to enter into a contract with Shive Hattery, Inc., for the administration of the 2015 Environmental Protection Agency Brownfields Area - Wide Planning Cooperative Agreement. RESOLUTION 423-15 Authorizing the City Manager to negotiate a contract with Shive Hattery, Inc., for grant administration for the 2015 Environmental Protection Agency Brownfields Area -Wide Planning Cooperative Agreement Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays ,,�'' ,. Connors Braig Buef Jones Lynch j7 Resnick Sutton 17 5. 100 Resilient Cities Challenge City Manager recommending approval of the City of Dubuque's application to the Rockefeller Foundation's 100 Resilient Cities Challenge. Suggested Disposition: Receive and File; Approve Yays Nays V / Connors Braig Buel Jones Lynch Resnick /7"' Sutton —'7 no -74/ -4 %pied dro M-fri IP /tie/0 i/k1 /41 doizo*-- frfdi kia/i detleadin 1 • z6*/ 94i ga$//e kb/ 6. Code of Ordinances Amendment - Title 10 Public Ways and Property Permit Requirements City Manager recommending approval of an ordinance revising Section 10-3D-2 Permit Requirements; Fees, authorizing the City Manager to establish the fee amounts for accessibility -related encroachments or encroachments that benefit the public. ORDINANCE 73-15 Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 3 Encroachments on Public Places, Article D other Encroachments, Section 10-3D-2 Permit Requirements; Fees to clarify how fees are set and for consistency with other codes Suggested Disposition: Receive and File; Motion B; Motion A Suspend the. Readings Yays Nays Connors Braig Buot Jones Lynch Resnick Sutton Final Reading and Adopt Yays, Nays V Connors Braig BIAGI Jones Lynch Resnick Sutton �:,; 7l� 91167o 0A/00,14, 0/1/2/41 11 474 19 7. Code of Ordinances Amendment - Title 2 Housing Commission City Manager recommending approval of an ordinance that amends Section 2-5B-5 to reduce the number of cross representatives to be consistent with the Housing Trust Fund Advisory Committee. ORDINANCE 74-15 Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 5 Housing Agency and Community Development Commissions, Section 2-5B-5 Membership by reducing the number of cross representatives to be consistent with the Housing Trust Fund Advisory Committee Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Read'ngs Yays Nays Nays Connors ,i L,-' Braig Bue4 Jones Bue4 Lynch Jones. Resnick Sutton 1rr/7 b./Z) Final Reading and Adopt Yays Nays ,i Connors Braig Bue4 pre Jones. Lynch Resnick Sutton 20 b--29 COUNCIL MEMBER REPORTS Xit PUBLIC INPUT 0 CLOSED SESSION ✓ _ p.m. Pending Litigation and Property Acquisition — Chapter 21.5(1)(c), -(j) Code of Iowa Yays Nays Connors v7- Braig not ,%a Jones i-----', Lynch Lynch Resnick Resnick Sutton Sutton ADJOURNMENT p.m. Yays Nays Connors Braig Bu -sal Jones Lynch Resnick ,/ Sutton 21 TO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a regular session of the City Council to be held on Monday, December 7, 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. t i'ynn V. Sutton, Mayor Pro -Tem Consent Items: Pgs. 1-5