Loading...
9 19 16 Clerks' Skeleton Notes and Meeting CallCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:00 p.m. on September 19, 2016 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buof (via phone), Mayor Pro -Tem Cynch; Council Members Connors, rToro, Jones,, -Resnick, Rios -City Manager an Milligen, City Attorney-Lindahl Ab Mayor Pro -Tem Lynch 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 N 1. National Museum of African-American History and Culture Day (S,eptember 24, 2016) PLEDGE OF ALLEGIANCE PROCLAMATION(S) Was accepted by✓`' 2. Crop Walk Day (October 4, 2016) was accepted by 1 �5 CONSENT ITEMS Yays Nays Connors 4-' Lynch k.-- rResnick Resnicky' v° Rios Buol Del Toro L-" L,----1 Jones '" ,,,�= 1. Minutes and Reports Submitted Cable TV Commission of 9/7; City Council Proceedings of 9/6, 9/12; Library Board of Trustees of 7/28 and Council Update #152 of 8/25; Long Range Planning Advisory Commission of 8/17; Zoning Advisory Commission of 9/7; Zoning Board of Adjustment of 8/25; Proof of Publication for City Council Proceedings of 8/30 Suggested Disposition: Receive and File 2. Notice of Claims and Suits National Agribusiness Insurance/Mary Althaus for vehicle damage; Ciara Neealy for vehicle damage; Richard Sherman, 11 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 Agribusiness Insurance Co./Mary Althaus for vehicle damage; Richard Sherman, II for vehicle damage Suggested Disposition: Receive and File; Concur 4. andy Peck Receives Labor Relations Award of Excellence ity Manager transmitting information about Personnel Manager Randy Peck receiving the Labor Relations Award of Excellence from the Iowa Public Employer Labor Relations Association (IaPELRA). Suggested Disposition: Receive and File 5. ule Transit FTA Ridership Award ity Manager transmitting information about Jule Transit Manager Candace Eudaley accepting the Ridership Award of Excellence from the Federal Transit Administration at the Transit Midwest Conference. $76 Suggested Disposition: Receive and File 2 Yays Nays Connors Lynch Resnick Rios Buol Del Toro Jones 6. Replacement Agency for Project Concern City Manager recommending approval to replace Project Concern with East Central Development Corporation, a non-profit division of East Central Intergovernmental Association, as the sponsor agency to manage the Shelter Care Plus Program under the Continuum of Care Grant. RESOLUTION 319-16 Authorizing the Mayor to Execute a contract for the Continuum of Care Special Needs Assistance Grant for Supportive Services designating East Central Development Corporation as sponsor agency Suggested Disposition: Receive and File; Adopt Resolution(s) 7. Washington Neighborhood Housing Trust Fund Grant Application City Manager recommending approval for the commitment of local matching funds for a grant application being submitted by the City of Dubuque Housing Trust Fund Committee to the Iowa Finance Authority State Housing Trust Fund for continued support of homeownership in the Washington Neighborhood. RESOLUTION 320-16 Approving commitment of matching funds for an application to the Iowa Finance Authority (IFA) for State Housing Trust Funds. Suggested Disposition: Receive and File; Adopt Resolution(s) 8. US EPA Consent Decree September 30 Semiannual Report City Manager recommending authorization for the City Manager to certify the September 30, 2016 Consent Decree Semi Annual Report for submittal to the US Department of Justice, US EPA and the Iowa Department of Natural Resources. Suggested Disposition: Receive and File; Approve Yays Nays Connors Lynch Resnick Rios Buol Del Toro Jones 9. Friends of St. Mary's d/b/a Steeple Square - Third Amendment to Development Agreement City Manager recommending approval of the Third Amendment to the Development Agreement between the City of Dubuque and Friends of St. Mary's d/b/a Steeple Square for the property located at 1501 Jackson Street. RESOLUTION 321-16 Approving the Third Amendment to the Development Agreement between the City of Dubuque, Iowa and Friends of St. Mary's d/b/a Steeple Square Suggested Disposition: Receive and File; Adopt Resolution(s) 10. Great Lakes Career Ready Internship Grant Program City Manager recommending approval to utilize the Great Lakes Career Ready Internship Grant Program in order to employ a Loras College student as a temporary intern in the Circles Program -Housing and Community Development Department the fall semester beginning September 12, 2016 until December 23, 2016. Suggested Disposition: Receive and File; Approve 11. Request for Proposals - Fire Stations Rooftop Solar City Manager recommending approval to issue a Request for Proposals for the design and potential installation of solar photovoltaic systems on the City's six fire station rooftops, and approval for the City Manager to execute a contract with a recommended firm should solar construction during Fiscal Year 2017 be recommended, based on the requirement that there be no upfront capital investments. Suggested Disposition: Receive and File; Approve 12. Northfork Trails Subdivision - Acceptance of Improvements City Manager recommending acceptance of the public improvements on Keymont Court that the developer, 4 -ALL LLC, has recently completed in North Fork Trails No. 5, Lots 1 through 10. RESOLUTION 322-16 Accepting public improvements in North Fork Trails No. 5 - Lots 1 through 10 Suggested Disposition: Receive and File; Adopt Resolution(s) 4 Yays Nays Connors Lynch Resnick Rios Buol Del Toro Jones 13. Green Industrial Supply, Inc. - IEDA Contract Second Amendment City Manager recommending approval of a resolution authorizing a second amendment to a contract with the Iowa Economic Development Authority (IEDA) for Iowa Values Funds Financial Assistance benefits on behalf of Green Industrial Supply, Inc. RESOLUTION 323-16 Approving a Second Amendment to the Economic Development Financial Assistance Contract by and among Green Industrial Supply, Inc., the City of Dubuque, and the Iowa Department of Economic Development Suggested Disposition: Receive and File; Adopt Resolution(s) 14. Delinquent Weed, Junk, and Garbage Collection Accounts (Health Services) City Manager recommending the levy of special assessments for the Weed/Junk/Garbage Enforcement Programs which is being levied against 16 separate parcels of property inspected from October 5, 2015 to June 21, 2016. RESOLUTION 324-16 Adopting the Schedule of Assessments for 2016 and directing the City Clerk to certify the Schedule of Assessments to the County Treasurer and to publish notice thereof Suggested Disposition: Receive and File; Adopt Resolution(s) 15. City Street Financing Report for Fiscal Year 2016 City Manager recommending approval of the City of Dubuque's Fiscal Year 2016 City Street Financing Report. RESOLUTION 325-16 Approving the City of Dubuque Fiscal Year 2016 City Street Financing Report Suggested Disposition: Receive and File; Adopt Resolution(s) 5 Yays Nays Connors Lynch Resnick Rios Buol Del Toro Jones 16. 2016 Justice Assistance Grant (JAG) Acceptance City Manager recommending acceptance of the 2016 Justice Assistance Grant (JAG). Suggested Disposition: Receive and File; Approve 17. Visiting Nurses Association Home Advocate Contract Extension City Manager recommending approval to extend the Visiting Nurse Association agreement through January 2017. Suggested Disposition: Receive and File; Approve 18. Alternative Services Concepts (ASC) Renewal Rates City Manager recommending approval of Alternative Services Concepts' (ASC) renewal rates for worker's compensation claims administration effective October 1, 2016 through September 30, 2017. Suggested Disposition: Receive and File; Approve 19. Dubuque Main Street Program Agreements City Manager recommending approval of a resolution and Program Agreement between Dubuque Main Street, the City of Dubuque and the Iowa Department of Economic Development. RESOLUTION 326-16 Resolution of Support and Financial Commitment for the Main Street Program in Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s) 6 vays Nays Connors Lynch Resnick Rios Buol Del Toro Jones 20. City of Asbury Request to Use Tax Increment Financing for Hawkeye Care Facility City Manager recommending approval of the Joint Agreement with the City of Asbury allowing the City of Asbury to utilize tax increment financing for the relocation of the Hawkeye Care Facility to Asbury from Dubuque. RESOLUTION 337-16 Approving a Joint Agreement with the City of Asbury for the relocation of Hawkeye Care Facility from the City of Dubuque to the City of Asbury, for the purpose of undertaking an urban renewal project Suggested Disposition: Receive and File; Adopt Resolution(s) 21. Improvement Contracts / Performance, Payment and Maintenance Bonds Midwest Concrete, Inc. for the 2016 Asphalt Overlay Access Ramp Projects Two and Three. Suggested Disposition: Receive and File; Approve 22. Alcohol Compliance Civil Penalty for Alcohol License Holder — Aldi, Inc. City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Aldi, Inc., #30, 2160 Holliday Drive. Suggested Disposition: Receive and File; Approve 23. Business License Refund Request by GPM Midwest, LLC for a refund of the liquor license BC0030362 for Fas Mart #5159 located at 2175 Central Avenue, due to a license upgrade. Suggested Disposition: Receive and File; Approve 7 Yays Nays Connors Lynch Resnick Rios Buol Del Toro Jones 24. Alcohol and Tobacco License Applications City Manager recommending approval of annual liquor, beer, wine and tobacco license applications as submitted. RESOLUTION 327-16 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 RESOLUTION 328-16 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) 8 ITEMS SET FOR PUBLIC HEARING 1. Opening Doors - Partial Release' of Mortgages City Manager recommending that the City Council set a public hearing be set for October 3, 2016, on the partial release of three mortgages granted by Opening Doors to the City of Dubuque. RESOLUTION 329-16 Resolution of Intent to dispose of an interest in real estate by Partial Release of certain mortgages granted by Opening Doors to the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for 10/3/16 Yays , Nays Connors Lynch Resnick Rios 1 Buol 1 Del Toro Jones 9 BOARDS/COMMISSIONS Appointment was made to the following commission. 1. Long Range Planning Advisory Commission One, 3 -year term through July 1, 2017 (Expired term of Clements). Applicant: Ronald Collins, 243 Cardiff St. Yays Nays Connors Lynch JResnick Rios Buol Del Toro 7 Jones 10 e6 PUBLIC HEARINGS 1. Dubuque Regional Airport Parking Lot Repair Project Proof of publication on notice of public hearing to consider approval of plans, specifications, form of contract, and estimated cost for the Dubuque Regional Airport Parking Lot Repair Project and the City Manager recommending approval. RESOLUTION 330-16 Approval of plans, specifications, form of contract, and estimated cost for the Dubuque Regional Airport Parking Lot Repair Project 2016. Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays . Connors Lynch `, Resnick Rios Buol Del Toro '- Jones 11 2. NW Arterial and Chavenelle Road Left Turn Lane Improvement Project Proof of publication on notice of public hearing to consider O approval of plans, specifications, form of contract, and estimated cost for the Northwest Arterial/Chavenelle Road Intersection Left Turn Lane Improvements Project and the City Manager recommending approval. RESOLUTION 331-16 Approval of plans, specifications, form of contract, and estimated cost for the Northwest Arterial / Chavenelle Intersection Left Turn Lane Improvements Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Connors Lynch Resnick Rios Buol I Del Toro Jones 12 3. Dubuque Industrial Center West - Urban Renewal Plan Amendment Proof of publication on notice of public hearing to approve the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District and the City Manager recommending approval. RESOLUTION 332-16 Approving the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Connors Lynch Resnick l/ Rios Buol ,/ Del Toro r Jones 13 4. Code of Ordinances Amendment - Title 16 Downtown Design / Architectural Guidelines Proof of publication on notice of public hearing to consider approval of a request by the City of Dubuque to amend the Unified Development Code to replace, in various sections, references to Downtown Design Guidelines with Architectural Guidelines in sections 16-10 and 16-3 and the Zoning Advisory Commission recommending approval. ORDINANCE 44-16 Amending City of Dubuque Code of Ordinances Title 16 Unified Development Code, Chapter 10 Historic Preservation Commission Applications and Procedures, Section 16-10-10 Standards for Review by References Architectural Guidelines. ORDINANCE 45-16 Amending City of Dubuque Code of Ordinances Title 16 Unified Development Code, Chapter 13, Site Design Standards, Section 16-13-2 Applicability to Reference Architectural Guidelines. Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays. Nays Vvy Connors Lynch Resnick Rios Buol Del Toro Jones Final Reading and Adopt Yays y Nays Connors Lynch Resnick Rios Buol i-° Del Toro Jones 14 5. Code of Ordinances Amendment - Titles 15 & 16 Meeting Requirement for Long Range Planning Advisory Commission, Zoning Advisory Commission, and the Zoning Board of Adjustment Proof of publication on notice of public hearing to consider approval of a request by the City of Dubuque to change the meeting requirement for the Long Range Planning Advisory Commission, the Zoning Board of Adjustment and the Zoning Advisory Commission and the Zoning Advisory Commission recommending approval. ORDINANCE 46-16 Amending City of Dubuque Code of Ordinances Title 15 Planning and Zoning, Chapter 2 Long Range Planning Advisory Commission, Section 15-2-10 Meetings by Changing the Meeting Requirement ORDINANCE 47-16 Amending City of Dubuque Code of Ordinances Title 16 Unified Development Code, Chapter 8 Zoning Board of Adjustment Applications and Procedures, Section 16-8-1 Zoning Board of Adjustment by Changing the Meeting Requirement ORDINANCE 48-16 Amending City of Dubuque Code of Ordinances Title 16 Unified Development Code, Chapter 9 Zoning Advisory Commission Applications and Procedures, Section 16-9-1 Zoning Advisory Commission by Changing the Meeting Requirement Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays Connors l-' Lynch t- " Resnick l7' Rios Buol 1 Del Toro Jones Final Reading and Adopt Yays Nays Connors Lynch Resnick l7' Rios Buol 1 Del Toro Jones 15 6. Fiscal Year 2017 First Budget Amendment Proof of publication on notice of public hearing to consider approval of the first Fiscal Year 2017 Budget Amendment, which amends the Fiscal Year 2017 budget for City Council actions since the beginning of the fiscal year. RESOLUTION 333-16 Amending the Current Budget for the Fiscal Year Ending June 30, 2017 Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Connors Lynch Resnick Rios Buol Del Toro Jones 16 7. Lease of Property to Interstate Power and Light Company for Construction of Solar Array Ad Proof of publication on notice of public hearing to consider approval of a lease with Interstate Power and Light Company for approximately 21A4 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 and the City Manager recommending approval. RESOLUTION 334-16 Disposing of an interest in real property located in the City of Dubuque, Iowa by lease between the City of Dubuque and Interstate Power and Light Company Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Connors Lynch ,,/ Resnick ?/' Rios Buol Del Toro ;71,Jones 49,1-, de. 17 PUBLIC INPUT 18 ACTION ITEMS 1. Heritage Trail Head Parking Lot Project Award City Manager recommending award of the construction contract for the Heritage Trail Head Parking Lot Project to the low bidder Temperly Construction. RESOLUTION 335-16 Awarding public improvement contract for the Heritage Trail Head Parking Lot Project. Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Connors Lynch Resnick Rios Buol Del Toro Jones 19 2. Timber Ridge Estates Preliminary Plat Zoning Advisory Commission recommending approval of the preliminary plat for Timber Ridge Estates subject to waiving the street width. Suggested Disposition: Receive and File; Approve Yays Nays , Connors Lynch Resnick 1" Rios jr" Buol V Del Toro ,f Jones 20 4/05 14, "17//' f: /1 f/ Aoi ":124 ZP,d* t/ig e), /1/i,A • / 3. Dubuque Industrial Center West Urban Renewal Ordinance City Manager recommending Council approval of an ordinance amending the tax increment ordinance for the Dubuque Industrial Center Economic Development District that allow tax increment financing to be used in the new Subareas H, land J of the District. F7- ORDINANCE 49-16 Amending Ordinance No. 55-15, Previously Amended, Providing that general property taxes levied and collected each year on all property located within the Amended And Restated Dubuque Industrial Center Economic Development District Urban Renewal Area of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other Taxing Districts, be paid to a special fund for Payment of Principal And Interest on Loans, Monies Advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Redevelopment Project Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays i Connors Lynch Resnick a..-< Rios Buol Del Toro , Jones Final Reading and Adopt Yays Nays Connors Lynch Resnick Rios Buol Del Toro Jones 21 4. Property Acquisition - 6450 Pennsylvania Avenue City Manager recommending approval of the acquisition of 6450 Pennsylvania Avenue from Douglas M. and Dianne M. Fritsch and further recommends authorization of the acceptance of the Warranty Deed and any other related steps necessary to carry out the terms of the Offer. RESOLUTION 336-16 Approving the acquisition of real estate owned by Douglas M. and Dianne M. Fritsch in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays 4.7/ Connors Lynch Resnick Rios Buol Del Toro Jones 007 ibil,7,7/Y di AL, o 4,141 it .,,,,z) /7 /e' /10/7 ‘14" a.,417 il-- A ApP4 Id? , i' A ' S A / 22 5. Fair Housing Testing Requests for Proposals City Manager recommending approval of the selection of the Fair Housing Center of Nebraska and Iowa to provide both the originally proposed testing as well as the testing based on disability, and allow the City Attorney's Office to negotiate the confkt subject to City Manager approval. Suggested Disposition: Receive and File; Approve Yays Nays kr', Connors Lynch 1 -" , Resnick Rios Buol Del Toro Jones ghtde ? A/ 6t•� �%�ii/es �3,�l�e1 � �r$?/k 6. Request for Work Session - Bee Branch Creek Restoration Project Walking Tour City Manager recommending that the City Council schedule a work session for a walking tour of the Bee Branch Creek Restoration Project for Monday, October 24, 2016, at 5:00 p.m. Suggested Disposition: Receive and File; Council Yays ,,, Nays 177 Connors Lynch Resnick ,�" Rios Buol Del Toro Jones /di it e 14zo 24 04, 2 9:AW COUNCIL MEMBER REPORTS CLOSED SESSION @ p.m. Pending Litigation and Property Acquisition —Chapter 21.5(1)(c), -(j) Code of Iowa Public Statement Yays Nays Nays Connors Connors Lynch Lynch °" Rios Resnick Buol Rios Del Toro Buol Del Toro ," / Jones ADJOURNMENT @ ,- p.m. Yays Nays Connors Lynch Resnick Rios Buol Del Toro Jones 25 TO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a Regular Session of the City Council to be held on Monday, September 19, 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. C\\ - Kevin J. Lynch, -ayor Pro -Tem Consent Items: Pages 1-4 CLOSED SESSION STATEMENT Meeting Date: September 19, 2016 For the record, the attorneys we will consult with on the issues to be discussed in the closed session are: City Attorney Barry Lindahl Assistant City Attorney Crenna Brumwell Assistant City Attorney Maureen Quann Attorney Ivan Webber