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7 5 16 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 July 5, 2016 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Connors, Del T6ro, Jones, Lynch, Resnick, ,Rios; City Manager Vannilligen, City Attorney-Lindahl Abs pity' 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. Sister Cities International Day (July 15, 2016) was accepted by 1 CONSENT ITEMS Yays Connors Rios Resnick Del Toro Jones Nays Buol Lynch 1. Minutes and Reports Submitted City Council Proceedings of 6/20; Community Development Advisory Commission of 6/15; Civil Service Commission of 6/21; Park and Recreation Advisory Commission of 6/14; Proof of Publication for City Council Proceedings of 6/2; Proofs of Publication for 2016 Water Quality Report for the City of Dubuque and 2015 Water Quality Report for Twin Ridge Corp. Suggested Disposition: Receive and File 2. Notice of Claims and Suits Jacob Leib for property damage; Cheryl Leirmoe-Kaiser for vehicle damage; Susan Swanson 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: Jacob Leib for property damage; Cheryl Leirmoe-Kaiser for vehicle damage; Susan Swanson for vehicle damage Suggested Disposition: Receive and File; Concur 4. Eagles "Eyes on the Future" People that Make a Difference City Manager transmitting Dubuque Eagles "Eye's on the Future" Committee's People Who Make a Difference recognition of the Dubuque Police Department and Public Works Employee William Kelly. Suggested Disposition: Receive and File 2 Yays Nays Connors Rios Resnick Del Toro Jones Buol Lynch 5. Fair Housing Training Under Voluntary Compliance Agreement City Manager recommending approval for the City Manager to execute an agreement with Clear Impact to conduct the Fair Housing Training under the Voluntary Compliance Agreement. Suggested Disposition: Receive and File; Approve 6. Legal Aid Fair Housing Initiatives Program - Letters of Support City Manager recommending approval of letters of support from the Human Rights Department and the Housing & Community Development Department to support Iowa Legal Aid's Fair Housing Initiative Program with planning and implementing local fair housing outreach events over the next year and distributing fair housing materials created by Legal Aid. Suggested Disposition: Receive and File; Approve 7. Iowa Cancer Consortium - Radon Grant Application City Manager recommending approval for the City Manager to execute a contract for a grant award from the Iowa Cancer Consortium to purchase short-term Radon kits to be used to compliment funds of the Lead & Healthy Homes Program, Rehabilitation Program, and the National Disaster Resiliency Program. Suggested Disposition: Receive and File; Approve 8. Upper Bee Branch Creek, Landscaping Improvement Additions City Manager recommending approval to modify the landscape design for the Upper Bee Branch Creek Project to allow for the substitution of My Holiday Lawn® bluegrass seeding in place of fescue sod & seeding, and expand the irrigation system to be able to water the seeded areas, trees, and plantings along the entire Upper Bee Branch Creek Project corridor. Suggested Disposition: Receive and File; Approve 3 Yays Nays Connors Rios Resnick Del Toro Jones Buol Lynch 9. Fiscal Year 2015 Carter Road Detention Basin Manhole Repair Project Award and Completion City Manager recommending that the award and completion of the FY15 Carter Road Detention Basin Manhole Repair Project be officially recorded in the minutes of the City Council. Suggested Disposition: Receive and File; Make Matter of Record 10. Acceptance Lake Eleanor Lift Station and Water Main Improvement Project City Manager recommending acceptance of the construction contract for the Lake Eleanor Lift Station Project as completed by Horsfield Construction, Inc. RESOLUTION 255-16 Accepting the Lake Eleanor Lift Station and Water Main Extension Project and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 11. Stone Brook Center Second Addition - Dedication of Lot for Storm Water Detention Basin City Manager recommending the dedication of Lot D of Stone Brook Center Second Addition to the City of Dubuque to be used as a storm water detention basin owned and maintained by the City. RESOLUTION 256-16 Accepting Lot D in Stone Brook Center Second Addition in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 4 Yays Nays Connors Rios Resnick Del Toro Jones Buol Lynch 12. Stone Brook Center Second Addition - Acceptance of Storm Water Detention Facility City Manager recommending acceptance of the storm water detention facility that the developer, NEZTROP, LLC, has recently completed and is dedicating in Stone Brook Center Second Addition to the City of Dubuque. vFESOLUTION 257-16 Accepting stormwater detention facilities in Stone Brook Center Second Addition in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 13. 2015 Sewershed 7 & 20 Manhole Replacement Project Acceptance City Manager recommending acceptance of the public improvement construction contract for the 2015 Sewershed 7 & 20 Manhole Replacement Project, as completed by Top Grade Excavating, Inc. ( /RESOLUTION 258-16 Accepting the 2015 Sewershed 7 & 20 Manhole Replacement V Project and authorizing the payment to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 14. Lowell Street Reconstruction Project Acceptance City Manager recommending acceptance of the construction contract for the Lowell Street Reconstruction Project as completed by Drew Cook and Sons Excavating. ESOLUTION 259-16 Accepting the Lowell Street Reconstruction Project and authorizing the payment to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 5 Yays Nays Connors Rios Resnick Del Toro Jones Buol Lynch 15. Dubuque Intermodal Transportation Center Project Acceptance City Manager recommending acceptance of the construction contract for the Dubuque Intermodal Transportation Center as completed by Conlon Construction. RESOLUTION 260-16 Accepting the Dubuque Intermodal Transportation Center and authorizing the payment of the contract amount to Conlon Construction Co. Suggested Disposition: Receive and File; Adopt Resolution(s) 16. Property Acquisition - 2407 Queen Street City Manager recommending approval to acquire property located at 2407 Queen Street from the Estate of Joseph E. Bell. RESOLUTION 261-16 Approving the acquisition of real estate owned by the Joseph E. Bell Estate at 2407 Queen Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s) Ai. Iowa DOT 5 -Year Maintenance Agreement and Supplemental Agreements V City Manager recommending approval for the City Manager to execute Iowa Department of Transportation Supplemental Agreements for Local Primary Highway Maintenance, Pavement Markings, Julien Dubuque Bridge Sidewalk Maintenance, Street Sweeping Maintenance and Traffic Signal. Suggested Disposition: Receive and File; Approve 18. Iowa DOT Funding Agreement - University Avenue and Asbury Road City Manager recommending approval of a Federal Aid Funding Agreement with the Iowa Department of Transportation (Iowa DOT) for future capacity improvements at the i ftersection of University Avenue and Asbury Road. RESOLUTION 271-16 Approving the Iowa Department of Transportation Federal Aid Funding Agreement for University Avenue - Asbury Road Intersection improvements Suggested Disposition: Receive and File; Adopt Resolution(s) 6 Yays Nays Connors Rios Resnick Del Toro Jones Buol Lynch 19. Hope Evangelical Free Church Parking Agreement City Manager recommending approval of a five-year Parking Agreement with Hope Evangelical Free Church that will allow them access to the Locust Street Parking Ramp on Sundays for a weekly cost. SOLUTION 262-16 Approving a Parking Agreement between the City of Dubuque, Iowa and the Hope Evangelical Free Church Suggested Disposition: Receive and File; Adopt Resolution(s) 20. Purchase of Services Grant Agreement - St. Mark Youth Enrichment City Manager recommending approval of a Purchase of Services Agreement with St. Mark Youth Enrichment Before & After School Program for Fiscal Year 2017. Suggested Disposition: Receive and File; Approve 21. Purchase of Services Grant Agreement - Hillcrest Family Services City Manager recommending approval of a Purchase of Services Agreement with Hillcrest Family Services for Fiscal Year 2017 for the Diversity Committee to provide cultural competency training for staff. Suggested Disposition: Receive and File; Approve 22. Purchase of Services Grant Agreement - Opening Doors City Manager recommending approval of a Purchase of Services Agreement with Opening Doors for Fiscal Year 2017 to fund a full-time staff person to manage the Opening Doors Cottage Industry Startup to teach formerly homeless women job skills that will help them become tax -paying members of the community. Suggested Disposition: Receive and File; Approve 7 Yays Nays Connors Rios Resnick Del Toro Jones Buol Lynch 23. Purchase of Services Grant Agreement - Dubuque Dream Center City Manager recommending approval of a Purchase of Services Agreement with Dubuque Dream Center for Fiscal Year 2017 to provide academic support for school - aged youth at -risk or presently reading below grade level. Suggested Disposition: Receive and File; Approve 24. Purchase of Services Grant Agreement - Lutheran Services in Iowa City Manager recommending approval of a Purchase of Services Agreement with Lutheran Services in Iowa Community Wraparound Services for Fiscal Year 2017 to allow a degreed Social Worker to provide in-home services on a variety of topics including, but not limited to, parenting, behavioral issues, referral to community resources and skills sessions. Suggested Disposition: Receive and File; Approve 25. Purchase of Services Grant Agreement - Riverview Center City Manager recommending approval of a Purchase of Services Agreement with Riverview Center for Fiscal Year 2017 to help fund Riverview Center Sexual Assault Therapy Services. Suggested Disposition: Receive and File; Approve 26. Purchase of Services Grant Agreement - Cedar Valley Friends of the Family City Manager recommending approval of a Purchase of Services Agreement with Cedar Valley Friends of the Family Northeast Iowa Shelter Services for Fiscal Year 2017 to provide immediate, confidential safety to anyone fleeing domestic or sexual violence across Northeast Iowa. Suggested Disposition: Receive and File; Approve 8 Yays Nays Connors Rios Resnick Del Toro Jones Buol Lynch 27. Purchase of Services Grant Agreement - St. John's Lutheran Church City Manager recommending approval of a Purchase of Services Agreement with St. John's Lutheran Church for Fiscal Year 2017 to help fund St. John's Lutheran Church, Almost Home, which provides overnight shelter to homeless men. Suggested Disposition: Receive and File; Approve 28. Purchase of Services Grant Agreement - My GEAR Outreach City Manager recommending Council approval of a Purchase of Services Agreement with My GEAR Outreach for Fiscal Year 2017 to provide an overnight bag to children entering foster care for the first time containing items they may need while in foster care. Suggested Disposition: Receive and File; Approve 29. Pre -Annexation Agreement - Sweeney City Manager recommending approval of a Pre -Annexation Agreement with William P. Sweeney, owner of property located at 10524 Key West Drive, which is part of the Twin Ridge and Key West Drive projects. RESOLUTION 263-16 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and William P. Sweeney Suggested Disposition: Receive and File; Adopt Resolution(s) 9 Yays Nays Connors Rios Resnick Del Toro Jones Buol Lynch 30. Mediacom Communications Company Correspondence from Lee Grassley, Senior Manager of Government Relations for Mediacom Communications Company, informing the City of the addition of foreign language channels effective on or about July 20, 2016. Suggested Disposition: Receive and File 31. Dubuque Bulldog Lacrosse Club Correspondence from the Dubuque Bulldog Lacrosse Club requesting the use of the empty lots in the Technology Park for practice areas. Suggested Disposition: Receive and File; Refer to City Manager 32. Signed Contracts A.Y. McDonald Mfg. Co. & Interstate Power and Light Company Revocable Property License Agreement for a portion of 12th Street property; DISTek Integration, Inc. short- term Lease and Site Access Agreement for 3rd -floor space in the Historic Federal Building; Strand Associates agreement for technical services related to the Terminal Street Pumping Station and Force Main Evaluation Suggested Disposition: Receive and File 33. Improvement Contracts / Performance, Payment and Maintenance Bonds Drew Cook & Sons Excavating for the Verena Court Project Suggested Disposition: Receive and File; Approve j4. Tobacco Compliance — Civil Penalty for Tobacco License Holder — Moondog Music City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for Moondog Music, 806 Wacker Drive #120 Suggested Disposition: Receive and File; Approve 10 Yays Nays Connors Rios Resnick Del Toro Jones Buol Lynch Alcohol Compliance Civil Penalty for Alcohol License Holder — National Mississippi River Museum and Aquarium City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for National Mississippi River Museum and Aquarium, 350 E. 3rd Street Suggested Disposition: Receive and File; Approve 36. Business License Refund Request by Ron Nemmers for a refund of the liquor license LA0000178 for Dubuque Golf and Country Club located at 1800 Randall Place in the amount of $97.50 due to license upgrade. Suggested Disposition: Receive and File; Approve 37. Alcohol License Applications City Manager recommending approval of annual beer, liquor and wine licenses as submitted. fFESOLUTION 264-16 Approving applications for beer, liquor, and/or wine permits, as V 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. Sale of Property - 595 Angella Street 2. Sale of Property - 321 Valeria Street 3. Sale of Property - 2283 White Street 4. Annexation - Dubuque Industrial Center West Yay ' Nays -Connors Rios v Resnick Del Toro Jones Buol Lynch 7/18/16 7/18/16 7/18/16 8/1/16 1. Sale of Property - 595 Angella Street City Manager recommending a public hearing be set for July 18, 2016, on the sale of property located at 595 Angella Street to Craig Nesteby. RESOLUTION 265-16 Resolution of Intent to dispose of City of Dubuque real estate, setting a time and place for hearing and providing for the publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for 7/18/16 2. Sale of Property - 321 Valeria Street City Manager recommending a public hearing be set for July 18, 2016 on the sale of property located at 321 Valeria Street to Dawn M. Redfern a/k/a Dawn M. Adams. RESOLUTION 266-16 Resolution of Intent to dispose of an interest in City of Dubuque real estate, setting a time and place for hearing and providing for the publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for 7/18/16 %3. Sale of Property - 2283 White Street V City Manager recommending a public hearing be set for July 18, 2016 on the sale of property located at 2283 White Street to Shawn and Christina Hanen. RESOLUTION 267-16 Resolution of Intent to dispose of an interest in City of Dubuque real estate, setting a time and place for hearing and providing for the publication of notice thereof 12 Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for 7/18/16 4. Annexation - Dubuque Industrial Center West City Manager recommending the City Council set a public hearing for August 1, 2016, on a 100% voluntary annexation request filed by the City Manager for approximately 21.14 acres of newly acquired land near the Dubuque Industrial Center West north of Humke Road and west of Seippel Road to facilitate a lease with Alliant Energy for a new solar energy site. RESOLUTION 268-16 Setting a public hearing on an application for voluntary annexation of territory to the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for 8/1/16 13 4 PUBLIC HEARINGS 1. Dubuque River Rides Docking Lease Agreement Proof of publication on notice of public hearing to consider approval of a Docking Lease Agreement with Dubuque River Rides in the Dubuque Ice Harbor and the City Manager recommending approval. /RESOLUTION 269-16 Approving the disposal of an interest in real property owned by the City of Dubuque by Docking License Agreement between the City of Dubuque, Iowa and Dubuque River Rides Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Connors Rios Resnick L� Del Toro Jones Buoi Irj Lynch Oft 14 PUBLIC INPUT 15 ACTION ITEMS 1. Code of Ordinances Amendment Title 1 Start Time for City Council Meetings (Final Reading) City Attorney submitting a proposed ordinance adjusting the start time for regular meetings. ORDINANCE 28-16 Amending City of Dubuque Code of Ordinances Title 1 Administration, Chapter 6 Mayor and City Council, Article A Rules and Procedure, Section 1-6A-3 Types of Meeting by establishing the meeting time for regular City Council meetings of 6:00 PM Suggested Disposition. Receive and File; Motion A i Snit-tt°elteit gs Yays Nays Connors Rios Resnick Del Toro Jones ice' Buol Lynch 2710e/- Firma ffi-a t Yays Nays Connors Rios Resnick Del Toro Jones Buol Lynch 2. Code of Ordinances Amendment - Title 2 Resilient Community Advisory Commission (2nd Reading) City Manager is recommending the formation of a Resilient Community Advisory Commission as initiated during the August 2015 City Council goal -setting process. Consistent with the approved recommendation, the words, "...to create a viable, livable and equitable community" have been added to the purpose statement. L/OR INANCE 32-16 Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions by Repealing Chapter 6 Environmental Stewardship Advisory Commission and Adopting a New Chapter 6 Resilient Community Advisory Commission in Lieu Thereof Establishing the Resilient Community Advisory Commission and Providing for the Powers, Operation, Membership, and Meetings Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays r Connors fr/ Rios Resnick Del Toro 1,,:fii Jones p%- Buol ,L,i'" Lynch gfM -AreP)1( ' f 1 Pik Final Reading and Adopt Yays Nays r Connors /,'" , Rios Resnick Del Toro Jones p%- Buol ,L,i'" Lynch d/71/ 1 ,fr c) der t oev 3. Code of Ordinances Amendment Title 4 - Solicitor's License City Manager recommending adoption of an ordinance that modifies the provision for denial, suspension, or revocation by giving the City more guidance when handling a solicitor's license. "RDINANCE 33-16 Amending City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 5 Solicitor's License, Section 4-5-10 Denial, Suspension, or Revocation of License by modifying the reasons for denial, suspension, or revocation of a license Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays Connors °, Rios Resnick Del Toro Jones Buol r' Lynch Final Reading and Adopt Yays, Nays Connors j Rios Resnick Del Toro Jones Buol Lynch 18 4. 30 -Inch Sanitary Sewer Force Main Project Phase II Award City Manager recommending award of the construction contract for the Phase II of the 30 -Inch Force Main Relocation Project from 11th Street to 12th Street to the low bidder Top Grade Excavating, Inc. 0 RESOLUTION 270-16 Awarding the public improvement contract for Phase 11 of the 30- L/Inch Force Main Relocation Project from 11th Street to 12th Street. Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Connors Rios Resnick Del Toro Jones 1 Buol Lynch 19 5. Request for Proposals - Fair Housing Testing City Manager recommending approval of the release of a Request for Proposals for Fair Housing Testing, as approved during the Fiscal Year 2017 budget process. Suggested Disposition: Receive and File; Approve Yays , Nays 1/ Connors Rios Resnick Del Toro Jones , Buol Vir Lynch 20 COUNCIL MEMBER REPORTS • /G &Oa oeipi At} CLOSED SESSION at p.m. Pending Litigation and Property Acquisition — Chapter 21.5(1)(c), -(j) Code of Iowa Yay` s 21ap ConnoRios Rios 2.7 esnic� i, b eI,�TT�oro J.4 es ,�' ,,. uo\l \---/ B Lynch ADJOURNMENT at 777 /% p.m. Yays Days Connors Rios 2.7 Resnick i, Del Toro Jones Buol Lynch 21 TO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a Regular Session of the City Council to be held on Tuesday, July 05, 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. Consent Items: Pages 1-6 oy D. Buol, Mayor