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11 7 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 6:00 p.m. on November 7, 2016 in the Historic Federal Building, 350 W. 6th Street. rresent: Mayor BuoC�ouncil Members Conos Del T roJoL Resnick, 1, ios; City Managern Milligen, City Attorn Brumwell Abslaf: 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 PRESENTATION(S) 1. American Water Works Association - Iowa 2016 Outstanding Service Award American Water Works Association - Iowa Section Board of Directors Chairperson Roy Hesemann to prsent AWWA-IA Outstan : in• Service Award to Water Plant Manager Bob Green.,�� ,° / 2. American Planning Association's Iowa Chapter Best Practice Award for id Architectural Guidelines Planning Services Manager Laura Carstens to present the American Planning Association's Iowa Chapter (APA -IA) Best Practice Award to the City of Dubuque for its Architectural Guidelines. PROCLAMATION(S) 1. Philanthropy Day (November 15, 2016) was accepted by 2. P. creatic Cancer Awarenes Day (November 17, 2016) was accepted by t° *P,.,,�{ 3. Hospice Month (November 2016) was accepted by /1-/AW. Oei, 4. H ,p •erand Home essness Awareness o (November 2016) as accepted by 1 CONSENT ITEMS Yays Nays Rios Resnick Del Toro 1,7 Lynch Buol Jones Y Connors 1. Minutes and Reports Submitted City Council Proceedings of 10/17, 10/24, 10/27; Civil Service Commission of 10/25; Historic Preservation Commission of 10/20; Investment Oversight Advisory Commission of 10/26; Library Board of Trustees Update #154 of 10/27; Long Range Planning Advisory Commission of 10/19; Mechanical and Plumbing Board of 10/20; Park and Recreation Advisory Commission of 9/29; Transit Advisory Board of 10/6; Proof of Publication for City Council Proceedings of 10/3, 10/10, 10/17, 10/24; Proof of Publication on Notice of Delinquent Utility Accounts of 10/21; Proof of Publication for List of Claims and Summary of Revenues Month Ending 9/30/16 Suggested Disposition: Receive and File 2. Notice of Claims and Suits CenturyLink for property damage; CenturyLink for property damage; Thomas Klinkhammer for vehicle damage; Saul Moreno for vehicle damage; Linda Stark for property damage; John Stewart for vehicle damage; Joan Tully 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: CenturyLink for property damage; Thomas Klinkhammer for vehicle damage; Saul Moreno for vehicle damage; Linda Stark for property damage; John Stewart for vehicle damage; Joan Tully for vehicle damage Suggested Disposition: Receive and File; Concur 4. Don Vogt Receives Outstanding Professional Achievement Award City Manager transmitting information on the Iowa Society of Solid Waste Operations (ISOSWO) presenting retired Public Works Director Don Vogt with the 2016 Outstanding Professional Achievement Award. Suggested Disposition: Receive and File 2 Yays Nays Rios Resnick Del Toro Lynch Buol Jones Connors 5. Southwest Arterial Brochure City Manager transmitting the City of Dubuque public information brochure for the Southwest Arterial / U.S. Highway 52. Suggested Disposition: Receive and File 6. C.H.A.N.G.E. Brochure City Manager transmitting a copy of the public information C.H.A.N.G.E brochure (Comprehensive Housing Activities for Neighborhood Growth & Enrichment) from the Housing and Community Development Department. Suggested Disposition: Receive and File 7. Grant of Easement for Storm Sewer - Applewood IV Senior Housing City Manager recommending Acceptance of the Grant of Storm Sewer Easement from Dubuque Senior Housing IV, LLC through, over and across part of Lot 1 of Lange Estate in the City of Dubuque. RESOLUTION 366-16 Accepting a Grant of Easement for storm sewer through, over and across part of Lot 1 of Lange Estate, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 8. Dubuque Industrial Center South Verena Court Entrance Road Project Acceptance City Manager recommending acceptance of the public improvement construction contract for the Dubuque Industrial Center South, Verena Court Project, as completed by Drew Cook & Sons Excavating Co., Inc. RESOLUTION 367-16 Accepting the Dubuque Industrial Center South - Verena Court Project and authorizing the payment to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 3 Yays Nays Rios Resnick Del Toro Lynch Buol Jones Connors 9. Key West Drive Watermain Extension Project Acceptance City Manager recommending acceptance of the public improvement construction contract for the Key West Drive Water Main Extension Project, as completed by Top Grade Excavating, Inc. RESOLUTION 368-16 Accepting the Key West Drive Water Main Extension Project and authorizing the payment to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 10. SRF Green Alley Project Bid Set 1- Year 3 Acceptance City Manager recommending acceptance of the construction contract and the establishment of the Final Schedule of Assessments for the SRF Green Alley Bid Set 1 — Year 3 Project as completed by Portzen Construction. RESOLUTION 369-16 Accepting the SRF Green Alley Project Bid Set 1 - Year 3 and authorizing the payment of the contract amount to the contractor RESOLUTION 370-16 Adopting the Final Assessment Schedule for the SRF Green Alley Project Bid Set 1 - Year 3 Suggested Disposition: Receive and File; Adopt Resolution(s) 11. Delinquent Bush, Brush and Vegetation Collection Accounts (Leisure Services) City Manager recommending approval of the Final Assessment Schedule for bushes / brush / vegetation enforcement against the owner of private property at 2901 Olde Country Lane. RESOLUTION 371-16 Adopting the Schedule of Assessments for 2910 Olde Country Lane 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) 4 Yays Nays Rios Resnick Del Toro Lynch Buol Jones Connors 12. Delinquent. Garbage Collection Charges (Housing Department) City Manager recommending approval of a resolution authorizing the City to certify garbage collection charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. RESOLUTION 372-16 Authorizing the City to collect delinquent garbage collection charges in accordance with Title 6-6-3C2o; 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) 13. Special Assessment for Sidewalk Repair - 2749 Broadway Street City Manager recommending the levy of special assessment for the sidewalk repair at 2749 Broadway. RESOLUTION 373-16 Adopting the Final Assessment Schedule for Sidewalk Replacement Assessment Project. Suggested Disposition: Receive and File; Adopt Resolution(s) 14. Civil Service Commission - Certified Lists Civil Service Commission submitting the Certified List for Fire Promotional positions of Assistant Fire Chief, Assistant Fire Marshal, Fire Captain, Fire Lieutenant, EMS Supervisor and Medical Office and the Recertified List for the position of Utility Worker. Suggested Disposition: Receive and File; Make Matter of Record 15. Retitling of Forester Position City Manager recommending approval of the elimination of one Forester position and the creation of one Urban Forester position in the Leisure Services Department. Suggested Disposition: Receive and File; Approve 5 Yays Nays Rios Resnick Del Toro Lynch Buol Jones Connors 16. Acceptance of Deed for Property at 730 Cody Drive City Manager recommending approval of a resolution accepting the deed to property purchased from George E. and Dorothy S. Roepsch located at 730 Cody Drive. RESOLUTION 374-16 Accepting the Deed to certain real Estate in Dubuque County, Iowa from George E. Roepsch and Dorothy S. Roepsch Suggested Disposition: Receive and File; Adopt Resolution(s) 17. Property Tax Appeal Settlement for Nordstrom, Inc. Senior Counsel recommending approval of the Stipulations of Settlement regarding property tax assessment appeals filed by Nordstrom, Inc., for property at 5050 Chavenelle Road. Suggested Disposition: Receive and File; Approve 18. W.C. Stewart Construction v. Dubuque Regional Airport & City of Dubuque City Manager recommending approval of a resolution which authorizes the City Manager to arrange for payment on the best terms and conditions possible in the case of W.C. Stewart Construction, Inc. v. Dubuque Regional Airport, Dubuque Regional Airport Commission, and the City of Dubuque. RESOLUTION 375-16 Authorizing the City Manager to pay the judgment against the City for the benefit of W.C. Steward Construction, Inc. and negotiate the terms and conditions of payment. Suggested Disposition: Receive and File; Adopt Resolution(s) 19. Workers' Compensation Settlement Agreement for Doug Brehm City Attorney recommending approval of a Workers' Compensation Settlement Agreement filed by Transit employee Doug Brehm. Suggested Disposition: Receive and File; Approve 6 Yays Nays Rios Resnick Del Toro Lynch Buol Jones Connors 20. Housing Choice Voucher Administrative Plan Amendments City Manager recommending City Council approval of changes to the Housing Choice Voucher/Section 8 Chapter 4 Applications, Waiting List and Tenant Selection Administrative Plan. RESOLUTION 376-16 Approving amendments to the Section 8 Administrative Plan Suggested Disposition: Receive and File; Adopt Resolution(s) 21. Delta Dental Plan Renewal City Manager recommending approval of the Delta Dental renewal rates for the plan year beginning January 1, 2017 through December 31, 2017. Suggested Disposition: Receive and File; Approve 22. Iowa Department of Transportation Project Notice Correspondence from the Iowa Department of Transportation (IDOT) notifying the City of an upcoming bid letting for deck joint repair on U.S. Hwy 61 at Peosta Channel in March 2017. Suggested Disposition: Receive and File 23. Signed Contract(s) Four Mounds Foundation Winter Farmer's Market Lease of 1101 Central Avenue; Hillcrest Family Services Lease of Louis Murphy Park for holiday light display; Unison Solutions, Inc. Biogas Technology Demonstration License for the Water & Resource Recovery Center Suggested Disposition: Receive and File 24. Improvement Contracts / Performance, Payment and Maintenance Bonds Eastern Iowa Excavating & Concrete, LLC for the Chavenelle Rd./NW Arterial Turn Lane Improvements Local Road Detour; Temperley Excavating for the Heritage Trailhead Parking Lot Project Suggested Disposition: Receive and File; Approve 7 Yays Nays Rios Resnick Del Toro Lynch Buol Jones Connors 25. Alcohol Compliance Civil Penalty for Alcohol License Holder — Chocolaterie Stam Dubuque City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Chocolaterie Stam Dubuque, 269 Main Street. Suggested Disposition: Receive and File; Approve 26. Alcohol and Tobacco License Applications City Manager recommending approval of annual liquor, beer, wine and tobacco license applicationsas submitted. RESOLUTION 377-16 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 378-16 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. Southwest Arterial - Military Road Reconstruction Project Initiate 11/14/16 2. Jule Operations and Training Center Project Initiate 11/21/16 3. Vacate Storm Sewer and Sanitary Sewer Easement at 3225 and 3275 Pennsylvania Avenue 11/21/16 4. South Pointe Housing Urban Renewal Area 12/5/16 Yays, Nays Rios v:„ Resnick Del Toro Lynch pr.- ,,,- Buol Jones j,,,' Connors 1. Southwest Arterial - Military Road Reconstruction Project Initiate City Manager recommending initiation of the public bidding procedure through the Iowa Department of Transportation for the Southwest Arterial — Military Road Reconstruction Project, and further recommends that a public hearing be set for November 14, 2016. RESOLUTION 379-16 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 Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for 11/14/16 2. Jule Operations and Training Center Project Initiate City Manager recommending initiation of the public bidding procedure for the Jule Operations and Training Center Project, and further recommends that a public hearing be set for November 21, 2016. RESOLUTION 380-16 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 11/21/16 3. Vacate Storm Sewer and Sanitary Sewer Easement at 3225 and 3275 Pennsylvania Avenue City Manager recommending the City Council set a public hearing for November 21, 2016 to vacate the storm and sanitary sewer easement across Lot 1 and Lot 2 of Lange Estate in the City of Dubuque. 9 RESOLUTION 381-16 Resolution of Intent to vacate and dispose of City interest in a Storm and Sanitary Sewer Easement over and across Lot 1 and Lot 2 of Lange Estate (Originally platted as Lot 1-2 of the Southwest'/ of the Southwest'/ of Section 22, T89N, R2E) in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for 11/21/16 4. South Pointe Housing Urban Renewal Area City Manager recommending approval of a Resolution of Necessity that finds that the Urban Renewal Plan for the South Pointe Housing Urban Renewal Area is both necessary and appropriate and sets a public hearing on the proposed plan for December 5, 2016. RESOLUTION 382-16 Resolution of Necessity finding that certain property in and near the South Pointe Subdivision is an Economic Development Area and that the development of said Area is necessary in the interest of the residents of the City of Dubuque, Iowa, and setting a date for hearing on a proposed Urban Renewal Plan for said District Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for 12/5/16 10 BOARDS/COMMISSIONS Appointment was made to the following Board/Commission. 1. Housing Trust Fund Advisory Committee One, 3 -year term through August 17, 2019 (Expired term of Walsh). Applicant: John Walsh, 316 Spring Valley Rd. Yays Nays Rios Resnick Del Toro Lynch Buol Jones Connors PUBLIC INPUT ( 44, /47--/V /5efiwidx,L, fr-43 l - /Mlle 41„,fr -.ter//701, cccr,*/'"s ACTION ITEMS Of/ 1. Iowa Mission of Mercy Summary Report Dr. Heyo Tjarks will address the City Council regarding the Iowa Mission of Mercy Clinic held on September 23 and 24, 2016 at the Five Flags Center. Suggested Disposition: Receive and File; Presentation Yays Nays Rios Resnick d.✓' Del Toro ir-zPs, Lynch p Buol Z''' f Jones "- Connors 0M114 - AA/ Sot4 750. 47,74 13 famvagt R 09- 2. National Disaster Resiliency Grant Update Assistant City Manager Teri Goodmann, Housing & Community Development Department Director Alvin Nash and City Engineer Gus Psihoyos will provide a status report on the HUD -National Disaster Resiliency Competition Grant. Suggested Disposition: Receive and File; Presentation Yays y Nays 4, Rios °' ,, Resnick ki:;62,,, Del Toro Lynch Buol 17 Jones ,V / Connors - ae&) Ai 67 -Rwe,e;a - eili 6Aee' ty49,2,4„ zr,61097-074 fl 17/ / 9;1 Yi6 Lege 0/2. 14 3. Cable Television Division - High -Definition Upgrade c Cable TV Coordinator Craig Nowack will make a presentation to City Council to show the capabilities of the new video production facilities that will be used to produce City Council meetings in high definition. Suggested Disposition: Receive and File; Presentation Yays Nays Rios Resnick t., Del Toro J1Lynch Buol Jones Connors Mlez toe 'tidy/ /Pak/ /47 /41' A -1/4/191-n 15 4. Marquette Hall - Urban Revitalization Area Designation City Manager recommending approval of a resolution to establish Marquette Hall as a property that meets the requirements for designation as an Urban Revitalization Area. RESOLUTION 383-16 Finding that the designation of the Marquette Hall Urban Revitalization Plan is necessary in the interest of public health, safety, and welfare of the residents of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Rios Resnick Del Toro Lynch Buol Jones Connors 16 w.z? iz12* 5. University Lofts - Urban Revitalization Area Designation 1 '� City Manager recommending approval of a resolution to establish University Lofts as a property that meets the requirements for designation as an Urban Revitalization Area. RESOLUTION 384-16 Finding that the designation of the University Lofts Urban Revitalization Plan is necessary to encourage needed housing and residential development providing safe, affordable housing for the residents of the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s) Yays viv/ Nays Rios Resnick Del Toro Lynch Buol Jones Connors 17 6. Full Circle Communities - Request for Urban Revitalization Verification City Manager recommending approval of a request for local support from Full Circle Communities for the proposed re -development of the former Four Oaks building at 180 W. 15th Street into 36 residential units targeted to people with disabilities and veterans. RESOLUTION 385-16 Finding that the designation of the Fifteenth Street Apartments is in the Jackson Park Urban Revitalization District and therefore eligible for Urban Revitalization Tax Abatement for the redevelopment of 180 W. 15th Street, Dubuque, IA providing safe, affordable housing for the residents of the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Rios Resnick Del Toro Lynch Buol Jones Connors 18 I- 62,17,440 -44 - --4165w49, /iy) fte4d4--4,,e7, /+,--kzd?&;/k//1&l 10. 7. IDOT Transfer of Jurisdiction Agreement City Manager recommending approval for the Mayor to execute the Transfer of Public Road Jurisdiction Agreement between the City of Dubuque and the Iowa Department of Transportation for public road segments of US 52/Iowa 3 and Iowa 32 (Northwest Arterial) that are within the City's corporate limits. RESOLUTION 386-16 Approving the Transfer of Public Road Jurisdiction Agreement between the City of Dubuque and Iowa Department of Transportation Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays i„,°c.. Rios is°'° Resnick `' Del Toro tel Lynch Buol Jones ir". Connors 19 8. 210 Jones Street - Urban Revitalization Area Ordinance f City Manager recommending approval of an Ordinance adopting an Urban Revitalization Plan for the 210 Jones Street Urban Revitalization Area to assist in the redevelopment of this property. ORDINANCE 57-16 Amending City of Dubuque Code of Ordinances Title 3, Revenue and Taxation, Chapter 2 Revitalization Areas, by adopting a new Section 13: 210 Jones Street Urban Revitalization Area, and establishing requirements for qualifying property owners Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays Nays Rios Rios Resnick ' Resnick Lynch Del Toro 2 Lynch Jones Buol °' Jones Connors Final Reading and Adopt Yays Nays Rios Resnick Del Toro Lynch Buol / Jones Connors 20 vie" -pie COUNCIL MEMBER REPORTS M(/' 7-ezei6;///1r 52)/m2/;m6 ew Mk/A- 4/- "' / PA? 16 - de/ 4:;/2/Abi *14,3 ✓✓ ASAI 1 , CLOSED SESSION @ Pending Litigation and Real Estate Transfer Negotiations — Chapter 21.5(1)(c), -(j) Code of Iowa Yays Nays iv; t` Rios Resnick Del Toro Lynch Buol Jones Connors ADJOURNMENT @ r'l% p.m. Yays Nays Rios Resnick / Del Toro Lynch Buol Jones Connors 21 4'214" TO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a Regular Session of the City Council to be held on Monday, November 07, 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 y D. Buol, Mayor