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9 6 16 Clerk's Skeleton NotesCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:00 p.m. on September , 2016 in the Historic Federal Building, 350 W. 6th Street. resent: Mayor Bol; Council Members Conn Del T, Jones, Lynch, Resnick, fLRios, ity Manager V 9 Millige City Attorr y Lindahl Absent: 1/9 40,7 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 SWEARING IN 1. Mayor Buol to Swear In Mayor Pro -Tem Kevin Lynch PROCLAMATION(S) 1 1. Kayla Banwarth Day (August 25, 2016) ,�/ ,,, ,. ,1.1 212 2. Days of Peace and Ceasefire (September 13-25, 2016) was accepted by Pt126 Zi 6'7,14/4 '01,7 ,(0) -par 651714e -e--- /9/94 1 /4(11/ CONSENT ITEMS Yays Nays i."- - Del Toro Z✓ Resnick e" , Connors t.V / Lynch Rios Jones �''✓ Buol 1. Minutes and Reports Submitted City Council Proceedings of 8/15, 8/30; Community Development Advisory Commission of 8/16; Library Board of Trustees Update #151 of 7/28; Transit Advisory Board of 8/11; Proof of Publication for City Council Proceedings of 8/1, 8/2, 8/3, 8/4 and 8/15; Proof of Publication for List of claims and Summary of Revenues for Month Ending 7/11; Suggested Disposition: Receive and File 2. Notice of Claims and Suits Barbara Kelly for vehicle damage; Newel Marcov for vehicle damage; and James Weitz for property 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: Barbara Kelly for vehicle damage; Newel Marcov for vehicle damage; and James Weitz for property damage. Suggested Disposition: Receive and File; Concur 4. Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting City Manager transmitting the 28th consecutive Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association (GFOA) for Fiscal Year ended June 30, 2015. Suggested Disposition: Receive and File 2 Yays Nays Del Toro Resnick Connors Lynch Rios Jones Buol 5. Ermina Soler Named Wonder Women: Heroines of Dubuque by Girl Scouts of Eastern Iowa and Western Illinois Correspondence from the Girl Scouts of Eastern Iowa and Western Illinois honoring Circles Coordinator Ermina Soler with the Wonder Women - Heroines of Dubuque Award. Suggested Disposition: Receive and File 6. Dubuque Jaycees 2017 Fireworks Request Correspondence from Thomas Parsley, General Manager for Radio Dubuque, in partnership with the Dubuque Jaycees requesting approval to conduct a fireworks display on Sunday, July 3, 2017 from 9:00 p.m. to 10:30 p.m. on Volunteer Road between Hawthorne and Lime Streets with a rain date of July 4. Suggested Disposition: Receive and File; Approve 7. Appointment to Housing Trust Fund Committee Housing Commission recommending approval to appoint Commissioner Dorothy Schwendinger as the Commission's representative on the Housing Trust Fund Committee. Suggested Disposition: Receive and File; Approve 8. Workers' Compensation Settlement for James Hoerner City Attorney recommending approval of an Agreement for Settlement regarding a Workers' Compensation claim that was filed against the City of Dubuque by James Hoerner. Suggested Disposition: Receive and File; Approve 9. Zaber v. City of Dubuque City Attorney transmitting the Court ruling from Zaber v. City of Dubuque ordering the distribution of unclaimed funds from the settlement account to four charitable organizations and requesting authorization for the City Attorney's Office to take such action as may be appropriate to seek review of the ruling by the Iowa Appellate Courts. Suggested Disposition: Receive and File; Approve 3 Yays Nays Del Toro Resnick Connors Lynch Rios Jones Buol 10. Iowa DOT Funding Agreement - NW Arterial and Chavenelle Road Left Turn Lane Improvements City Manager recommending approval for the Mayor to execute a Funding Agreement with the Iowa Department of Transportation for an Urban -State Traffic Engineering Program (U -STEP) grant to assist with the construction of proposed left turn lane improvements at the intersection of the Northwest Arterial and Chavenelle Road. RESOLUTION 306-16 Approving a Funding Agreement (No. 6-16-USTEP-15) with the Iowa Department of Transportation for an Urban -State Traffic Engineering Program (U - STEP) Grant to assist with the construction of proposed left turn lane improvements at the intersection of Northwest Arterial and Chavenelle Road Suggested Disposition: Receive and File; Adopt Resolution(s) 11. Retitling of Position - Public Works Truck Driver to Utility Worker City Manager recommending approval to retitle the position of Truck Driver to Utility Worker in the Public Works Department. Suggested Disposition: Receive and File; Approve 12. Public Works - Change in Equipment Operator Position City Manager recommending approval to create one additional Landfill Equipment Operator position and eliminate one Equipment Operator II position in the Public Works Department. Suggested Disposition: Receive and File; Approve 13. Pre -Annexation Agreement - TeKippe City Manager recommending approval of a Pre -Annexation Agreement with Kenneth J. and Marlene TeKippe, property owners of Lot 9 in Twin Ridge Subdivision No. #4. RESOLUTION 307-16 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Kenneth J. and Marlene TeKippe Suggested Disposition: Receive and File; Adopt Resolution(s) 4 Yays Nays Del Toro Resnick Connors Lynch Rios Jones Buol 14. Pre -Annexation Agreement - Hardwood Flooring Services, Inc. City Manager recommending approval of a Pre -Annexation Agreement with Hardwood Flooring Services, Inc., proper owner of 10638 Key West Drive. RESOLUTION 308-16 Approving a Pre -annexation Agreement between the City of Dubuque, Iowa and Hardwood Flooring Services, Inc. Suggested Disposition: Receive and File; Adopt Resolution(s) 15. Purchase of Services Grant - Four Mounds HEART Program City Manager recommending approval of a Community Development Block Grant Agreement with Four Mounds HEART Program for Fiscal Year 2017 to provide youth education and training opportunities. Suggested Disposition: Receive and File; Approve 16. Tri-State Occupational Health Agreement Amendment City Manager recommending approval of an Amendment to the Agreement between Tri- State Occupational Health, L.L.C. and the City of Dubuque for case management services for workers compensation claims and Police and Fire job related injuries and illnesses. Suggested Disposition: Receive and File; Approve 17. Childhood Lead Poisoning Prevention Programs Contracts and Subcontracts City Manager recommending approval of a contract with the Dubuque County Board of Health and the Iowa Department of Public Health for continued funding of the Childhood Lead Poisoning Prevention Program, and a renewed agreement with the Visiting Nurse Association for services related to the Childhood Lead Poisoning Prevention Program and Healthy Homes Program. Suggested Disposition: Receive and File; Approve 5 Yays Nays Del Toro Resnick Connors Lynch Rios Jones Buol 18. Felderman's Subdivision - Acceptance of Improvements City Manager recommending acceptance of the public improvements that the developer, Arboretum Development LLC, has recently completed in Felderman's Subdivision. RESOLUTION 309-16 Accepting public improvements in Felderman's Subdivision in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 19. Pebble Cove Subdivision and Pebble Cove #2 Subdivision - Acceptance of Improvements City Manager recommending acceptance of the public improvements that the developer, Kivlahan Farms L.C., has recently completed in Pebble Cove Subdivision and Pebble Cove #2 Subdivision. RESOLUTION 310-16 Accepting public improvements in Pebble Cove Subdivision and Pebble Cove #2 Subdivision, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 20. 2016 Asphalt Overlay Access Ramp Project Two Award City Manager recommending the award for the 2016 Asphalt Overlay Access Ramp Project Two be officially recorded in the minutes of the City Council. Suggested Disposition: Receive and File; Make Matter of Record 21. 2016 Asphalt Overlay Access Ramps Project Three Award City Manager recommending that the award for the 2016 Asphalt Overlay Access Ramp Project Three be officially recorded in the minutes of the City Council. Suggested Disposition: Receive and File; Make Matter of Record 6 Yays Nays Del Toro Resnick Connors Lynch Rios Jones Buol 22. AECOM Technical Services, Inc. - SW Arterial Supplemental Agreement No. 17 City Manager recommending authorization to execute a supplemental agreement with AECOM Technical Services, Inc., subject to the concurrence of the Iowa Department of Transportation, which approves revisions to the original scope of services to the Consultant Professional Services Contract to complete the final engineering design phase of the Southwest Arterial. RESOLUTION 311-16Approving the Consultant Professional Services -Supplemental Agreement No. 17 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) 23. Signed Contracts Towing Service Contract Amendment with Wenzel Towing Wenzel Towing Service Contract Amendment to FY 2016-2018 Contract Suggested Disposition: Receive and File 24. Alcohol Compliance Civil Penalty for Alcohol License Holder — Buffalo Wild Wings City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Buffalo Wild Wings, 2805 Northwest Arterial. Suggested Disposition: Receive and File; Approve 25. Alcohol Compliance Civil Penalty for Alcohol License Holder - Ron's Discount Smokes City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Ron's Discount Smoke & Beverage Center #1, 3300 Asbury Road. Suggested Disposition: Receive and File; Approve Yays Nays Del Toro Resnick Connors Lynch Rios Jones Buol 26. Alcohol License Applications City Manager recommending approval of annual beer, liquor and wine licenses as submitted. RESOLUTION 312-16 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. NW Arterial and Chavenelle Road Left Turn Lane Improvement Project 2. Fiscal Year 2017 First Budget Amendment 3. Dubuque Regional Airport Parking Lot Repair Project 2016 4. Lease of Property to Interstate Power and Light Company for Construction of Solar Array All 9/19/16 Yays Nays Del Toro Resnick Connors Lynch a.� Rios Jones Buol 1. NW Arterial and Chavenelle Road Left Turn Lane Improvement Project City Manager recommending initiation of the public bidding procedure for the Northwest Arterial/Chavenelle Road Intersection Left Turn Lane Improvements Project, and further recommends that a public hearing be set for September 19, 2016. RESOLUTION 313-16 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 9/19/16 2. Fiscal Year 2017 First Budget Amendment, City Manager recommending the first Fiscal Year 2017 Budget Amendment be set for public hearing for September 19, 2016. RESOLUTION 314-16 Setting the date for the public hearing on Amendment No. 1 to the Fiscal Year 2017 Budget for the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution, Set Public Hearing for 9/19/16 9 3. Dubuque Regional Airport Parking Lot Repair Project 2016 City Manager recommending initiation of the public bidding procedure for the Dubuque Airport Parking Lot Repair Project 2016, and further recommends that a public hearing be set for September 19, 2016. RESOLUTION 315-16 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 9/19/16 4. Lease of Property to Interstate Power and Light Company for Construction of Solar Array City Manager recommending he City Council set a public hearing for September 19, 2016, to approve a lease with Interstate Power and Light Company for approximately 21.14 acres of property recently acquired by the City of Dubuque near the Dubuque Industrial Center West north of Humke Road and west of Seippel Road for construction of a solar array. RESOLUTION 316-16 Resolution of Intent to dispose of an interest in City of Dubuque owned property by lease between the City of Dubuque and Interstate Power and Light Company Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for 9/19/16 10 BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. 1. Long Range Planning Advisory Commission (Review) One, 3 -year term through July 1, 2017 (Vacant term of Clements). Applicant: Ronald Collins, 243 Cardiff St. 2. Long Range Planning Advisory Commission (Appointment) One, 3 -year term through July 1, 2019 (Vacant term of Prochaska). Applicant: Michael Wright, 385 Burch St. Yays Nays '" Del Toro Resnick Connors Lynch Rios 4V Jones tV Buol 3. Transit Advisory Board (Appointmen One, 3 -year term through July 30, 2019 Expire term of Lohrmann). Applicant: Carrie Lohrmann, 1879 Denver Dr. Yays Nays '" Del Toro Resnick Connors Lynch Rios 4V Jones tV Buol 11 PUBLIC HEARINGS 6/71- 1. Removal of Phyllrich Drive from Residential Parking Permit District H Proof of publication on notice of public hearing to consider the removal of Phyllrich Drive from Residential Parking Permit District H and the City Manager recommending approval. ORDINANCE 42-16 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Parking, Division 7 Residential Parking Permit Program, Section 9-14-321.740 Residential Parking Permit District H by removing Phyllrich Drive between Keystone Drive and Keymont Drive Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays 1/ ', Del Toro Resnick '- Connors „/ / Lynch Rios % Jones Buol Final Reading and Adopt Yay�.. ,_Nays 1/ ', DeI,Te r ..Resnick '- Connors /,.! / synch Rips s % % Jones+ Buol 12 PUBLIC INPUT 13 ACTION ITEMS 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: Suggested Disposition: Receive and File; Presentation Yays Nays Del Toro Resnick Connors Lynch Rios Jones Buol dri),,6- 694,7/1 "Po /5/ iii/lee7- id- I Ai:A-4), a %'9 il&freed/Abe WeZedv5Mgv,i0 4,1/Y MO1 P, Afig1/44- .WA6 4WW4f 17 2. Five Flags Civic Center Quarterly Report SMG Regional General Manager HR Cook will share a quarterly report on the Five Flags Civic Center. Suggested Disposition: Receive and File; Presentation Yays Nays Del Toro Resnick / Connors Lynch Rios f Jones L—' Buol 15 3. Cottingham & Butler Insurance Services, Inc. - IEDA Contract City Manager recommending approval of a contract among Cottingham & Butler Insurance Services, Inc., the City of Dubuque and the Iowa Economic Development Authority. RESOLUTION 317-16 Authorizing the execution of a Contract for State Business Financial Assistance by and among Cottingham & Butler Insurance Services, Inc., the City of Dubuque, Iowa, and the Iowa Economic Development Authority Suggested Disposition: Receive and File; Adopt Resolution(s) Yays - Nays Del Toro i Resnick Connors Lynch Rios IV:Jones Buol Felf 16 4. Rejection of Bids - Grandview Avenue, t Loras Boulevard nd Grandview Avenue and University Avenue Intersection Improvement% City Manager recommending the rejection of the competitive bid proposals received for the Grandview Avenue & Loras Boulevard and Grandview Avenue & University Avenue Intersection Improvement Project due to the reconsideration of a traffic control device for the intersection improvements at Grandview Avenue & University Avenue. 749 RESOLUTION 318-16 Rejecting competitive bid proposals received for the Grandview Avenue & Loras Boulevard and Grandview Avenue & University Avenue Intersection Improvement Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Del Toro Resnick Connors Lynch Rios STs Jones Buol /e - hi di (tio. ?fic iidd ittietA Livin ing 17 5. Code of Ordinances Amendment - Title 15 Swimming Pool Regulations City Manager recommending approval of a change to Title 14-9-1 of the City of Dubuque Code of Ordinances redefining the depth and, encing regulations for swimming pools to be consistent with the International Property Maintenance Code. ORDINANCE 43-16 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 9 Swimming Pools, Sections 14-9-1 Definition and 14-9-4 Fencing Requirements to make language consistent with the International Property Maintenance Code Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays.. _ Nays ,...:w Del Toro jam' Resnick Connors Connors Rios Lynch Jones Rios Buol Jones Buol Final Reading and Adopt Yays Nays Del Toro Resnick Connors Lynch Rios Jones Buol 18 6. Traffic Stop Analysis Project City Manager recommending approval of a Memorandum of Understanding between the City of Dubuque and St. Ambrose University to complete a traffic stop study in Dubuque. Suggested Disposition: Receive and File; Approve Yays Nays Del Toro Resnick Connors Lynch , , Rios j„/ -°,,Q Jones t if '°� Buol //fee". -4////1A. ,1407 4', g7e tdae?e (5/:"-m/ // 7. Expansion of Conservation District to Include 553 E. 14th Street City Manager recommending approval of the expansion of the Washington Neighborhood Conservation District to include 553 E. 14th Street. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Devel pment Code, by amending Article 10-11-A-4 pertaining to expansion of the Washington Street Neighborhood Conservation District Suggested Disposition: Receive and File; Motion B. Motion /Dy F-i-nali-eadi-ng_a.nd-Adapt Yays Yays Nays Nays Del Toro Del Toro )," / Resnick Resnick k/ / Connors Lynch Lynch Rios Rios Jones Jones Buol Buol F-i-nali-eadi-ng_a.nd-Adapt Yays Nays Del Toro )," / Resnick k/ Connors Lynch Rios Jones es Buol 20 8. Building Conditions Report for Property at 3000 Jackson Street Building Services Manager Todd Carr, Assistant City Attorney Maureen Quann, Assistant City Attorney Cream Brumwell and Planning Services Manager Laura Carstens will present a Building Conditions Report for property at 3000 Jackson Street, a portion of the former Dubuque Brewing and Malting Company complex (a/k/a H&W Building). Suggested Disposition: Receive and File; Presentation Yays Nays ' Del Toro Resnick Connors Lynch Rios Jones Buol ,1,47 21 69,140,4 - gib get COUNCIL MEMBER REPORTS CLOSED SESSION @ p.m. Pending Litigation and Property Acquisition - Chapter 21.5(1)(c), -(j) Code of Iowa Yays Nays Nays Del Toro Del Toro Resnick -� Connors Lynch Connors Rios Lynch Jones - ' Buol ADJOURNMENT @ Yays Nays Del Toro -� Resnick Connors Lynch - ' Rios J..�® Jones Buol 22 TO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a Regular Session of the City Council to be held on Tuesday, September 06, 2016 at 6:00 PM in the Historic Federal Building for the purpose of conducting such business that may properly come before the City Council Consent Items: Pages 1-5 oy D. Buol, Mayor