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4 4 16 Clerk's Skeleton Notes and Meeting CallsCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:30 p.m. on April 4, 2016 in the Historic Federal Building, 350 W. 6t" Street. Present: Mayor Buol; Council Members Connors, Del Toro, Rios; City Manager Van Milligen, City -Atter rLtirrdahl 4nt. ones, Lynch, Resnick, 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 dr 16 vein y*,1//y,lo /kip? ADJOURNMENT .m. Yays., Nays Rios Buol Jones Del Toro Lynch V . Resnick 9,,""- J Connors 1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on April 4, 2016 in the Historic Federal Building, 350 W. 6th Street. /Present: Mayor B'iol; Council Members Connors, Del Toro, 1/Rios; City Manager Van Milligen, City -Morrie - Li icla,hht ones,Lynch, Re 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. Mayor's Day of Recognition for National Service (April 5, 2016) was accepted by 4. .J1/1. X /14014 CONSENT ITEMS Yays Nays Rios 'f Buol -Jones Del Toro '' i Lynch Resnick i,"" Connors 1. Minutes and Reports Submitted City Council Proceedings of 3/21; Library Board of Trustees Council Update 3/24; Park and Recreation Commission of 3/8; Sister City Relationships Advisory Commission of 3/16; Proof of publication of City Council Proceedings for 3/7, 3/14 Suggested Disposition: Receive and File 2. Notice of Claims and Suits National Casualty Company/ #1 Green Cab 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: National Casualty Company/#1 Green Cab for vehicle damage. Suggested Disposition: Receive and File; Concur 4. Request for Proposals - Mathias Ham House Masonry Rehabilitation City Manager recommending approval of the release of a Request for Proposals for a consultant to provide architectural/engineering services for masonry rehabilitation of the Mathias Ham House. Suggested Disposition: Receive and File; Approve 5. Request for Proposals - Five Flags Theater Masonry Rehabilitation and Fire Escape City Manager recommending approval of the release of a Request for Proposals for a consultant to provide architectural/engineering services for the Five Flags Theater Masonry Rehabilitation and Fire Escape Project. Suggested Disposition: Receive and File; Approve 3 Yays Nays Rios Buol Jones Del Toro Lynch Resnick Connors 6. Request for Proposals - Comprehensive Plan Update City Manager recommending approval of the release of a Request for Proposals for the City of Dubuque Comprehensive Plan Update. Suggested Disposition: Receive and File; Approve 7. Environmental Covenant for the Old City Garage Site City Manager recommending approval of the Environmental Covenant and Release of Prior Property Restriction for the Old City Garage Site at 925 Kerper Boulevard. RESOLUTION 106-16 Approving an Environmental Covenant and Release of Prior Property Restriction for the Old City Garage Site, formerly Peoples Natural Gas, at 925 Kerper Boulevard, Dubuque, Iowa as requested by the Iowa Department of Transportation Suggested Disposition: Receive and File; Adopt Resolution(s) 8. Lower Main Development, LLC Subordination Agreement City Manager recommending approval of a Subordination Agreement with Lower Main Development, LLC which provides the City's loan is subordinate to the mortgage of Dupaco Community Credit Union for the Platinum Building. Suggested Disposition: Receive and File; Approve 9. Andrew Makovec Claim Appeal City Attorney recommending approval of the appeal of a claim against the City by Andrew Makovec for property damage. Suggested Disposition: Receive and File; Concur 10. Kory Monahan Settlement Agreement City Attorney recommending approval of a Settlement Agreement in the case of Kory Monahan v. Ryan Clark and the City of Dubuque. Suggested Disposition: Receive and File; Approve 4 Yays Nays Rios Buol Jones Del Toro Lynch Resnick Connors 11. Grand River Center Management Contract Renewal - Platinum Hospitality City Manager recommending approval of the Grand River Center Management Agreement Amendment with Platinum Hospitality Group, LLC. RESOLUTION 107-16 Approval of an Amendment to the Facility Management Agreement between the City of Dubuque, Iowa and Platinum Hospitality Group, LLC Suggested Disposition: Receive and File; Adopt Resolution(s) 12. Visiting Nurses Association (VNA) - Lead & Healthy Homes Contract City Manager recommending approval of an agreement with the Dubuque Visiting Nurse Association for services related to the Housing and Urban Development (HUD) Lead Hazard Control and Healthy Homes Program. Suggested Disposition: Receive and File; Approve 13. Health Choices Administrative Services Fee City Manager recommending approval of the Health Choices administrative services fee effective July 1, 2016 through June 30, 2017, and authorization for the City Manager to sign the Amendment to the Administrative Services Agreement. Suggested Disposition: Receive and File; Approve 14. 2015-2016 Snow and Ice Removal from Public Right -of -Way Assessments City Manager recommending establishing the final assessments for the 2015-2016 Snow Removal from City Right -of -Way. RESOLUTION 108-16 Adopting the final Assessment Schedule for the 2015-2016 Snow Removal Assessment - Right -of -Way Obstruction Removal Assessment Project Suggested Disposition: Receive and File; Adopt Resolution(s) 15. Pre -Annexation Agreement - Frederick J. Henneberry #1 City Manager recommending approval of a Pre -Annexation Agreement with Frederick J. Henneberry, property owner of Lots 1 and 2 of Timothy Place in the Twin Ridge Subdivision. RESOLUTION 109-16 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Frederick J. Henneberry Suggested Disposition: Receive and File; Adopt Resolution(s) 5 Yays Nays Rios Buol Jones Del Toro Lynch Resnick Connors 16. Pre -Annexation Agreement - Frederick J. Henneberry #2 City Manager recommending approval of a Pre -Annexation Agreement with Frederick J. Henneberry, property owner of Lot 7 in Twin Ridge Subdivision No. 2. RESOLUTION 110-16 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Frederick J. Henneberry Suggested Disposition: Receive and File; Adopt Resolution(s) 17. Pre -Annexation Agreement - Linda L. Sanford City Manager recommending approval of a Pre -Annexation Agreement with Linda L. Sanford, property owner of Lot 12 in Twin Ridge Subdivision No. 2. RESOLUTION 111-16 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Linda L. Sanford Suggested Disposition: Receive and File; Adopt Resolution(s) 18. Building Services Fiscal Year 2017 Permit Fees City Manager recommending rescission of Resolution No. 84-16 and approval of a new resolution correcting the errors in the FY17 permit and license fees for the Building Services Department. RESOLUTION 112-16 Rescinding Resolution No. 84-16 Establishing a new Schedule of Building Permit and License Fees and adopting in lieu thereof a new Schedule of Building Permit and License Fees Suggested Disposition: Receive and File; Adopt Resolution(s) 6 Yays Nays Rios Buol Jones Del Toro Lynch Resnick Connors 19. 28E Agreement - Dubuque Community School District City Manager recommending approval of a 28E Agreement with Dubuque Community School District for the construction of public roadway improvements at the intersection of West Locust Street and Clarke Drive to accommodate proposed campus improvements at Senior High School. RESOLUTION 113-16 Approving a 28E Agreement for construction of roadway improvements at West Locust Street and Clarke Drive between the City of Dubuque, Iowa and Dubuque Community School District Suggested Disposition: Receive and File; Adopt Resolution(s) 20. Signed Contract(s) Swift Water Adventure Tours Docking Agreement for the Port of Dubuque Marina. Suggested Disposition: Receive and File 21. Improvement Contracts / Performance, Payment and Maintenance Bonds River City Paving for the Eagle Point Parking Lot Resurfacing Project. Suggested Disposition: Receive and File; Approve 22. Alcohol Compliance Civil Penalty for Alcohol License Holder — Chocolaterie Stam City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Chocolaterie Stam, 269 Main Street. Suggested Disposition: Receive and File; Approve 7 Yays Nays Rios Buol Jones Del Toro Lynch Resnick Connors 23. Alcohol License Applications City Manager recommending approval of annual beer, liquor and wine licenses as submitted. RESOLUTION 114-16 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) 8 ITEMS SET FOR PUBLIC HEARING 1. 2016 Pavement Marking Project 4/18/16 Yays Nays Rios a Buoi Jones it, Del Toro /`` Lynch �`' Resnick .... Connors 1. 2016 Pavement Marking Project City Manager recommends initiation of the public bidding procedure for the 2016 Pavement Marking Project, and further recommends that a public hearing be set for April 18, 2016. RESOLUTION 115-16 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 4/18/16 9 BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. 1. Sister City Relationships Advisory Commission - Review One, 3 -year term through February 1, 2019 (Vacant term of Zygmont). Applicant: Rachel McDermott, 1007 1/2 W. 3rd St.., 2. Community Development Advisory Commission - Appointment One, 3 -year term through February 15, 2019 (Vacant term of Maloy, At -Large). Applicants: 1. Dean Boles, 1715 Geraldine Dr.; 2. Jay Schiesl, 195 W. 17th St.; 3. Tom Stovall, 3345 Tibey Ct. 3. Housing Commission — Appointment One, 3 -year term through August 17, 2018 (Vacant term of Foster); Applicant: Janice Craddieth, 1455 Washington St. Yays ,, Boles Schiesl Stovall Rios Buol Buol' ( Jones Jones Del Toro Del Toro .. Resnick Lynch Connors Resnick Connors 3. Housing Commission — Appointment One, 3 -year term through August 17, 2018 (Vacant term of Foster); Applicant: Janice Craddieth, 1455 Washington St. Yays ,, Nays Rios Buol ( Jones Del Toro Lynch .. Resnick Connors 10 PUBLIC HEARINGS SUSPEND THE RULES Yays NaysRios Rios V° Buol t,/` Jones Del Toro V/ Lynch Resnick L/7„/ Connors 1. Old Mill Road Lease Agreement Amendment — David S. Hartig. Jr. Proof of publication for notice of public hearing to consider an amended and restated lease agreement with David S. Hartig, Jr., with respect to City -owned residential and commercial properties on Old Mill Road and the City Manager recommending approval. RESOLUTION 116-16 Disposing of an interest in real property by lease with David S. Hartig, Jr. Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Rios Buol ° Jones Del Toro Lynch Resnick L/7„/ Connors 11 2. Grant of Easement for Ingress and Egress Across City -Owned Property - Manson Road Proof of publication for notice of public hearing to consider approval of a request from Nancy A. Comer McNamer and Martin J. McNamer for the granting of an easement across a portion Citwned property to access their property, Lot 1 of McNamer Acres No. 4, from the Manson Road Right -of -Way and the City Manager recommending approval. RESOLUTION 117-16 Disposing of City interest by Grant of Easement for Ingress and Egress to Nancy A. Comer McNamer and Martin J. McNamer across a portion of Lot 1- 2-1-1-1-1-1-1-2-1-4 and Lot 2-2-1-1-1-1-1-1-2-1-4 of Mineral Lot 501, in the City of Dubuque RESOLUTION 118-16 Granting Easement for Ingress and Egress to Nancy A. Comer McNamer and Martin J. McNamer across a portion of Lot 1-2-1-1-1-1-1-1-2-1-4 and Lot 2-2-1-1-1-1-1-1-2-1-4 of Mineral Lot 501, in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Rios /../". Buol Jones Del Toro p/ / Lynch Resnick ' Connors 12 3. Dubuque Industrial Center South Building Pad One Sanitary Sewer Extension Project Proof of publication for notice of public hearing to consider approval of plans, specifications, form of contract, and estimated cost for the Dubuque Industrial Center South, Building Pad 1 Sanitary Sewer Extension Project and the City Manager recommending approval. RESOLUTION 119-16 Approval of plans, specifications, form of contract, and estimated cost for the Dubuque Industrial Center South, Building Pad 1 Sanitary Sewer Extension Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Rios Buol i7 „ Jones Del Toro Lynch Resnick "/ Connors 13 4. Fiscal Year 2016 Sewershed 7, 11, and 12 Sanitary Sewer Manhole Project Proof of publication for notice of public hearing to consider approval of plans, specifications, form of contract, and estimated cost for the FY16 Sewershed 7, 11 and 12 Sanitary Sewer Manhole Project and the City Manager recommending approval. RESOLUTION 120-16 Approval of plans, specifications, form of contract, and estimated cost for the FY16 Sewershed 7, 11, and 12 Sanitary Sewer Manhole Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays V Rios Buol `' Jones Del Toro v"/ Lynch Resnick - Connors REINSTATE THE RULES Yays Nays V Rios Buol Jones Del Toro v"/ Lynch Resnick - Connors 4027 14 ACTION ITEMS 6:& 1. Code of Ordinances Title 6 - Adopting the International Property Maintenance Code (2nd Reading) City Manager recommending adoption of the International Property Maintenance Code to replace the City's existing Housing Code and used for the rental inspection program. Correspondence from Behr's Funeral Home, the Downtown Neighborhood and Historic Bluffs Neighborhood Associations, Mary Gotz, and Terry Mozena regarding adoption of the International Property Maintenance Code. ORDINANCE 8-16 Repealing Title 6, Chapter 6 of the City Of Dubuque Code Of Ordinances and all other ordinances or parts of laws in conflict therewith; adopting the 2015 Edition of the International Property Maintenance Code, regulating and governing the conditions and maintenance of all property, buildings, and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structure in the City of Dubuque; providing for the issuance of permits and collection of fees therefor; and adopting a new Article within Title 14, Chapter 1 as Article J Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays i. Nays 17 Rios Rios Buol V / Jones / Del Toro Jones Lynch Del Toro Resnick L ' Connors Final Reading and Adopt Yays Nays Rios Buol / Jones Del Toro Lynch 1 Resnick ;:°... Connors 15 6:fric 2. Fiscal Year 16 Sewershed 5 Manhole Project Award City Manager recommending award of the construction contract for the FY16 Sewershed 5 Sanitary Sewer Manhole Project to the low bidder McDermott Excavating. RESOLUTION 121-16 Awarding public improvement contract for the FY16 Sewershed 5 Sanitary Sewer Manhole Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays tr: Rios ,. Buol Jones i,,,,"" Del Toro Lynch Resnick Connors /27P"ip 16 3. Placement of Public Input on City Council Agenda City Attorney and City Clerk submitting information for City Council discussion about the placement of the Public Input section on the City Council agenda. Suggested pApps tion: Receive and File; Council`' Yays Nays "-- �r Rios Buol Jones Del Toro Lynch ' Resnick Connors ;?/6 ,/%0 AI /� fA 44i— ,71* Ado "A "0" 07," ot-,?/- /6 4, 77 YI/6 7;* X9/1;. */// kte 46/4— h ? l 17 viJez,z, 4. Request for Work Session - Skills Gap ap Report City Manager recommending the City Council schedule a work session for Monday, May 2, 2016 at 5:30 p.m. for Greater Dubuque Development Corporation President & CEO Rick Dickinson to give a presentation on the Skills Gap Report. Suggested Disposition: Receive and File; Council Yays Nays Rios /r° Buol Jones Del Toro Lynch ` Resnick i Connors 18 -623 5. Request for Work Session - Bee Branch Creek Restoration Project Walking ,'`" Tour City Manager recommending the City Council schedule a work session/walking tour of the Bee Branch Creek Restoration Project for Monday, May 9, 2016 beginning at 5:30 p.m. at the parking lot at Garfield Avenue and Pine Street. Suggested Disposition: Receive and File; Council Yays Nays Rios ' Buol ' Jones ;, Del Toro Lynch i-'' Resnick L„,.-1 Connors 19 /gin- z.f,•/774.;;iiiiic4, COUNCIL MEMBER REPORTS (f' 42 Mid .deV /J1 /1k, , 9% geh1 /?) PUBLIC INPUT 9q2//� d1471 P64-- 7‘. CLOSED SESSION %'_ p.m. Pending Litigation and Property Acquisition — Chapter 21.5(1)(c), -(j) Code of Iowa PUBLIC STATEMENT Yays Nays Nays Rios Rios Buol Buol Del Toro Jones Lynch Del Toro Resnick z Lynch Resnick --'' Connors ADJOURNMENT Yays Nays / Rios Buol Jones Del Toro Lynch Resnick Connors 20 (A/Vai v/e X51./ 0/6/ 6:2e Aes sod k-,4,7 19 / Jfae /1'4 1115 /917-4 fr// "A/6 - 9/.0 aepep /pa A vox WNri TO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a Regular Session of the City Council to be held on Monday, April 04, 2016 at 6:30 PM in the Historic Federal Building for the purpose of conducting such business that may properly come before the City Council. /toy 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, April 04, 2016 at 5:30 PM in the Historic Federal Building for the purpose of conducting the quarterly Sustainable Dubuque Work Session. Consent Items: Pages n/a oy D. Buol, Mayor