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3 7 16 City Council Agenda ROLL CALL ORDER FOR MEETING OF March 7, 2016 Resnick, Lynch, Brad, Del Toro, Jones, Connors, Rios CRY OF DUBUQUE IOWA 41 ygFA4 CITY COUNCIL MEETING pChEr: Hstorc Federal Building 0 nul �" 350W. Blh Street � March ], 2016 r a� Council meetings are video Conrad live and archived alwwwcityottlubuque.org/metlia and on Dubuque's CityChannel on the Metliacom cable system A Channel 8 (analog) and 85.2 (digital). WORK SESSION 1. 5:30 PM - Levee Breach Prevention and Phenomenal Activities The Engineering staff vnll conduct a stork session with the City Council on Levee Breech PreverRion and Preparedness Ardmore. REGULAR SESSION 8:30 PM PLEDGE OF ALLEGIANCE PROCLANWTION(S) 1. Kids to Parks Day (May 21, 2018) CONSENT ITEMS The consent agenda items are considered to be drone and non controversial and ell consent bill be normally voted upon In a single motion whrout any separate decussion on a perdcular item. If you sound like to discuss one of the Consent Items, please go to the microphone and be recognized by the Mayor and grate the Item you sound like dral from the Consent Agenda for operate decussion and consideredan. 1. Mines and Reports Submitted City Council Proceedings of 2215, 2217, 2218, 2222, 2224; Civil Service Carom bran of 2111, 2123, Historic Preservation Commission of 2218, it briery Load of Trustees of 12117115, Lord Pence Pleduof Arm scry Commission of 2217; Prod of Publication for City Cartel Proceedings of 211, 2$ 213, 24, 2/8, 2210, Proof of Publicedan for G4 of Claims and Summery of Revenues for Month Ended 1231115 Suggested Disposition: Revive and File 2. Disposition of Claims Cry Attorney etivising that the folhowng clef nor have been referred to Public Entity Risk Services of lord, the agent for the lova Cormal es Assurance Per Area Resident of Care for Property games, Mark Potebeum for property damage, Ran Smith & Sons Con4mcdan for vehicle cooked, Ketelyn Share for vehi cls damage Suggested Disposition: Revive and File; Concur 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: Area Residential Care for property and vehicle damage; Mark Pottebaum for property damage; Ron Smith &Sons Construction for vehicle damage; Katelyn Shima for vehicle damage Suggested Disposition: Receive and File; Concur 4. Forbes Recognition of Dubuque City Manager transmitting an article from Forbes.com recognizing Dubuque as one of the"Best Cities to Climb the Economic Ladder." Suggested Disposition: Receive and File 5. University of Iowa Recognizes City Attorney Barry Lindahl City Manager transmitting the University of Iowa College of Law 150 People which recognizes City Attorney Barry Lindahl. Suggested Disposition: Receive and File 6. Main Street Challenge Grant - Revisions to Central Avenue Fagade Commitments City Manager recommending approval of revisions to the Main Street Challenge Grant for fagade improvements to properties in the Central Avenue Corridor. Suggested Disposition: Receive and File; Approve 7. Delinquent Problem Property Assessments City Manager recommending adoption of a resolution authorizing the City to certify problem property charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. RESOLUTION Authorizing the City to collect delinquent problem property charges in accordance with Title 6-6-3B1 h; Title 6-6-4B3 &Title 6-6B of the Code of Ordinances of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 8. Grass and Weed Cutting and Garbage Collection Accounts City Manager recommending adoption of a resolution authorizing the City to certify grass and weed cutting and garbage collection charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. RESOLUTION Authorizing the City to collect delinquent grass and weed cutting and garbage collection charges in accordance with Title 6-6-3C2o; Ttie 6-6-4B3 &Title 6-6B of the Code of Ordinances of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 9. Hotel Julien - Downtown Rehabilitation Loan Subordination City Manager recommending approval of a loan agreement with HJD Landlord, LLC, and a subordination agreement with American Trust&Savings Bank concerning a Downtown Rehabilitation Loan for the Hotel Julien. It is further recommended that the Mayor be authorized to execute the loan agreement as well as the letter of consent and subordination agreement. RESOLUTION Approving a Loan Agreement and Mortgage between the City of Dubuque and HJD Landlord, LLC and a Subordination Agreement by and among HJD Landlord, LLC, the City of Dubuque and American Trust and Savings Bank Suggested Disposition: Receive and File; Adopt Resolution(s) 10. WS Live - Release of Obligation on Forgivable Loan City Manager recommending approval to release WS Live from any further obligations under Loan Agreement CDBG#1-2009 as of December 31, 2015, and authorizing staff to send a letter to the company acknowledging that the terms have been met and that the promissory note is considered paid in full. RESOLUTION Acknowledging satisfaction of the terms of a Loan Agreement providing for a Community Development Block Grant Loan of three hundred sevanty-five thousand dollars ($375,000) to WS Live, LLC Suggested Disposition: Receive and File; Adopt Resolution(s) 11. Civil Service Commission Civil Service Commission submitting the certified lists for the positions of Lab Technician, Lead Mechanic, Serviceworker and Scale Operator. Suggested Disposition: Receive and File; Make Matter of Record 12. Workers' Compensation Settlement Agreements City Manager recommending approval of two agreements for Settlement regarding the Workers' Compensation Claims that were filed against the City of Dubuque by Arthur Hedley Jr. Suggested Disposition: Receive and File; Approve 13. Appeal of Claim by Brian Makovec Correspondence from Brian Makovec appealing the denial of his claim for property damage. Suggested Disposition: Receive and File; Refer to City Attorney 14. Asphalt Overlay Access Ramp Project#4 Acceptance City Manager recommending acceptance of the public improvement construction contract and authorization of payment to Midwest Concrete, Inc. for the 2015 Asphalt Overlay Access Ramp Project Four. RESOLUTION Accepting the 2015 Asphalt Overlay Access Ramp Project Four and authorizing the payment to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 15. Catfish Creek Interceptor Sewer Repair Project Award City Manager recommending that the award for the Catfish Creek Interceptor Sewer Repair Project to Top Grade Excavating, Inc., be officially recorded in the minutes of the City Council. Suggested Disposition: Receive and File; Make Matter of Record 16. Eagle Point Park Parking Lot Resurfacing Project Award City Manager recommending that that the award for the Eagle Point Parking Lot Resurfacing Project to River City Paving be officially recorded in the minutes of the City Council. Suggested Disposition: Receive and File; Make Matter of Record 17. Pavement Marking Project Phase I Acceptance City Manager recommending acceptance of the public improvement construction contract for the 2015 Pavement Marking Project Phase I as completed by SELCO, Inc. RESOLUTION Accepting the 2015 Pavement Marking Project Phase I and authorizing the payment to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 18. Pavement Marking Project Phase II Acceptance City Manager recommending acceptance of the public improvement construction contract for the 2015 Pavement Marking Project Phase 11, as completed by SELCO, Inc. RESOLUTION Accepting the 2015 Pavement Marking Project Phase 11 and authorizing the payment to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 19. Land and Water Conservation Fund Grant Application for Eagle Point Park Environmental Restoration City Manager recommending approval to submit a Fiscal Year 2016 Land and Water Conservation Fund Grant Application to the Iowa Department of Natural Resources for the Eagle Point Park Environmental Restoration Project. RESOLUTION Authorizing LWCF Grant Application to Iowa Department of Natural Resources for Eagle Point Park Environmental Restoration Project Suggested Disposition: Receive and File; Adopt Resolution(s) 20. Mediacom Communications Company Correspondence from Lee Grassley, Senior Manager of Government Relations for Mediacom Communications Company, informing the City that the company will begin transforming its remaining analog channels to a digital format on April 13, 2016. Suggested Disposition: Receive and File 21. Improvement Contracts/ Performance, Payment and Maintenance Bonds Connolly Construction, Inc. for Timber-Hyrst Sanitary Sewer Extensions (North &South Lines); Portzen Construction, Inc. for the NW Arterial Fiber Optics - JFK to US 52 Project Suggested Disposition: Receive and File; Approve 22. Signed Contracts IDOT Supplemental Agreement for Maintenance and Repair of Primary Roads in Municipalities; Management Agreement with Kenneth and Nancy Clayton for Miller-Riverview Park Campground; Dubuque Children's Zoo Boosters, Inc. Lease Agreement for Roosevelt Park; Tri-State Modelers Lease Agreement for Roosevelt Park Suggested Disposition: Receive and File 23. Alcohol and Tobacco License Applications City Manager recommending approval of annual liquor, beer, wine and tobacco license applications 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 RESOLUTION 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) ITEMS SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. 1. Fiscal Year 2016 Sewershed 5 Sanitary Sewer Manhole Project City Manager recommending initiation of the public bidding procedure for the FY16 Sewershed 5 Sanitary Sewer Manhole Project, and further recommends that a public hearing be set for March 21, 2016. RESOLUTION FY16 Sewershed 5 Sanitary Sewer Manhole 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 3/21/16 2. Grant of Easement for Ingress and Egress Across City-Owned Property - Manson Road City Manager recommending setting a public hearing for April 4, 2016, on a request received from Nancy A. Comer McNamer and Martin J. McNamer for the granting of an easement across a portion City-owned property to access their property, Lot 1 of McNamer Acres No. 4, from the Manson Road Right-of-Way. RESOLUTION of Intent to Dispose of City interest by Grant of Ingress and Egress Easement to Nancy A. Comer McNamer and Martin J. McNamer over a portion of Lot 1-2-1-1-1-1-1-1-2-1-4 and Lott-2-1-1-1-1-1-1-2-1-4 of Mineral Lot 501, in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for 4/4/16 BOARDS/COMMISSIONS 1. Boards and Commission Applicant Review Applicants are invited to address the City Council regarding their desire to serve on the follow ng Boards/Commissions. Applicant appointments will be made at the next City Council meeting. Community Development Advisory Commission One, 3 year term through February 15, 2017 (Vacant term of Kelley, former LMI Area Representative) Applicant: Julie Woodyard, 2015 Washington St. (Qualifies for LMI Area Representative) Historic Preservation Commission One, 3-year term through July 1, 2016 (Vacant term of Whalen, W. 11th St. Historic District Resident) Applicant: Juan Nieto, 510 W. 11th St. (Qualifies for the W. 11th St. Historic District Resident) This commission is subject to the State of Iowa Gender Balance Law. 9 Commissioners total; currently 5 males/2 female Mechanical Code Board Two, 3-year terms through March 16, 2019 (Expiring terms of Billmeyer and Hillary) Applicants: Ronald Billmeyer, 2341 Coventry Park Dan Hillary, 3087 Arbor Oaks Zoning Board of Adjustments One, 5-year term through March 25, 2021 (Expiring term of McCoy) Applicant: Jonathan McCoy, 263 Main St. This commission is subject to the State of Iowa Gender Balance Law. 5 Commissioners total; currently 2 males/2 female 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. SUSPEND THE RULES 1. SW Arterial Right-of-Way Property Acquisition Proof of publication on notice of public hearing to commence a public improvement project and to establish Just Compensation Valuation (Fair Market Value) of necessary right-of-way property which the City intends to acquire or condemn, if required, for the Southwest Arterial Project and the City Manager recommending approval. RESOLUTION Establishing the fair market value of real property for the Southwest Arterial Project, directing good faith negotiations 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) 2. Paragon Square Urban Revitalization Plan Proof of publication on notice of public hearing for the Paragon Square Urban Revitalization Plan which provides for a ten-year, one-hundred percent tax abatement for the redevelopment of the property located at 2887-2901 Central Avenue, the former Holy Ghost Convent and School. Suggested Disposition: Receive and File; Conduct Public Hearing 3. Marquette Hall Urban Revitalization Plan Proof of publication on notice of public hearing for the Marquette Hall Urban Revitalization Plan, which provides for a ten-year, one-hundred percent tax abatement for the redevelopment of the former Sacred Heart Elementary School, located at 2222 Queen Street, into 28 historic and affordable senior apartments. Suggested Disposition: Receive and File; Conduct Public Hearing 4. University Lofts Urban Revitalization Plan Proof of publication on notice of public hearing for the University Lofts Urban Revitalization Plan which provides for the construction of a 56-unit, senior multi-family housing at the corner of Alta Vista and University. Suggested Disposition: Receive and File; Conduct Public Hearing 5. Lange Estate Urban Revitalization Area - Horizon, Applewood IV Proof of publication on notice of public hearing for the Lange Estate Urban Revitalization Plan which establishes an urban revitalization district at 3275 Pennsylvania Avenue and will provide for a ten-year residential abatement on the value of improvements, including new construction, for the proposed senior housing development. Suggested Disposition: Receive and File; Conduct Public Hearing 6. 2016 Bridge Repair Maintenance Project Proof of publication on notice of public hearing to consider approval of plans, specifications, form of contract and estimated cost of$399,545 for the 2016 Bridge Repairs and Maintenance Project and the City Manager recommending approval. RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the 2016 Bridge Repairs and Maintenance Project Suggested Disposition: Receive and File; Adopt Resolution(s) 7. Heeb Street Retaining Wall Reconstruction Project Proof of publication on notice of public hearing to consider approval of plans, specifications, form of contract and estimated cost for the Heeb Street Retaining Wall Reconstruction Project and the City Manager recommending approval. RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the Heeb Street Retaining Wall Reconstruction Project Suggested Disposition: Receive and File; Adopt Resolution(s) REINSTATE THE RULES This action limits discussion to the City Council 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. General Obligation Bond Sale, Series 2016ABC City Manager recommending approval of the suggested proceedings for directing sale of the $2,830,000 General Obligation Settlement Bonds, Series 2016A, $11,505,000 General Obligation Refunding Bonds, Series 2016B and $4,155,000 General Obligation Bonds, Series 2016C and awarding the bonds to the best bidder. The bond sale will be held on March 7, 2016 at 11:00 a.m. The results will be brought to the March 7th City Council meeting. RESOLUTION Directing sale of$ General Obligation Bonds, Series 2016A (Subject to adjustment per terms of offering.) RESOLUTION Directing sale of$ General Obligation Refunding Bonds, Series 2016B (Subject to adjustment per terms of offering.) RESOLUTION Directing sale of$ General Obligation Bonds, Series 2016C (Subject to adjustment per terms of offering.) RESOLUTION Authorizing the redemption of outstanding General Obligation Bonds, Series 2003, of the City of Dubuque, State of Iowa, dated October 15, 2003, and directing Notice be given RESOLUTION Authorizing the redemption of outstanding General Obligation Bonds, Series 2005A, of the City of Dubuque, State of Iowa, dated April 18, 2005, and directing Notice be given RESOLUTION Authorizing the redemption of outstanding General Obligation Urban Renewal Bonds, Series 2005B, of the City of Dubuque, State of Iowa, dated April 18, 2005, and directing Notice be given RESOLUTION Authorizing the redemption of outstanding General Obligation Bonds, Series 2006A, of the City of Dubuque, State of Iowa, dated May 2, 2006, and directing Notice be given RESOLUTION Authorizing the redemption of outstanding General Obligation Stormwater Bonds, Series 2008A, of the City of Dubuque, State of Iowa, dated Novamber 4, 2008, and directing Notice be given RESOLUTION Authorizing the redemption of outstanding General Obligation Urban Renewal Bonds, Series 2008B, of the City of Dubuque, State of Iowa, dated November 4, 2008, and directing Notice be given Suggested Disposition: Receive and File; Adopt Resolution(s) 2. Greater Dubuque Development Corporation - Quarterly Update President and CEO Rick Dickinson to present the quarterly update on the activities of the Greater Dubuque Devalopment Corporation. Suggested Disposition: Receive and File; Presentation 3. City Hall Electrical Service Project Award City Manager recommending award of the construction contract to the low bidder Hawkeye Electric for the base bid to replace the main 600 amp electrical service distribution panel and Alternati e#1 to install subpanels on the first, second and third floors. RESOLUTION Awarding public improvement contract for the Dubuque City Hall - Electrical Service Project Suggested Disposition: Receive and File; Adopt Resolution(s) 4. Fiscal Year 2016 Sewer Cured-in-Place Pipe (CIPPO Lining Project Award City Manager recommending award of the construction contract for the FY16 Sanitary Sewer Cured-in-Place Pipe (CIPP) Lining Project to the low bidder SAK Construction, LLC. RESOLUTION Awarding public improvement contract for the FY16 Sanitary Sewer Cured-in- Place Pipe (CIPP) Lining Project Suggested Disposition: Receive and File; Adopt Resolution(s) 5. Code of Ordinances Amendment - Historic Preservation City Manager recommending approval of an Ordinance correcting the reference for Historical Preservation to Title 16, Chapter 10, rather than the current Title 14, Chapter 6. ORDINANCE 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-3 Compliance with Historic Preservation Regulations by changing the reference location of the Historic Preservation Commission Applications and Procedures Provisions within the Code Suggested Disposition: Receive and File; Motion B; Motion A COUNCIL MEMBER REPORTS PUBLIC INPUT At this time, anyone in the Council Chambers may address the Council on matters which are of concern to that person and which are not an agenda item. Please take your place at the microphone and state your name and address clearly. Proceed with your comments; however, no formal action may be taken at this time on your comments because of the notice requirements of the Iowa Open Meetings Law. CLOSED SESSION Pending Litigation and Property Acquisition —Chapter 21.5(1)(c), -(j) Code of Iowa ADJOURNMENT