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11 21 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 Monday, November, 21, 2016 in the Historic Federal Building, 350 W. 6t" Street. P sent: Mayor Buol; Council Members Connors, Del Toro, , Jones, Lynch, Resnick, i City Manager Vailligen, City Attorney Brumwell Absent: 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 1. Small Business Saturday (November 26, 2016) was accepted by 1 CONSENT ITEMS Yays w v Nays Connors Rios v Buol Del Toro Lynch Resnick Jones lovf 1. Minutes and Reports Submitted City Council Proceedings of 11/3, 11/7, 11/14; Cable TV Commission of 11/2; Library Board of Trustees of 8/25, 9/12; Transit Advisory Board of 10/6; Zoning Advisory Commission of 11/2; Zoning Board of Adjustment of 10/27; Proof of publication for City Council Proceedings of 10/27, 11/3; Proof of publication for Notice of Delinquent Water, Sewer, Refuse & Stormwater Collection Accounts of 10/28 Suggested Disposition: Receive and File 2. Notice of Claims and Suits Jarrod Wernimont for property damage; City of Dubuque vs. Dull Mullen / Abigail Land Holdings 10 LLC 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: Jarrod Wernimont for property damage Suggested Disposition: Receive and File; Concur 4. Investment Policy Certificate of Excellence Award Communication from the Association of Public Treasurers of the United States and Canada presenting the City of Dubuque with the Investment Policy Certificate of Excellence Award. Suggested Disposition: Receive and File 5. Quarterly Investment Report City Manager transmitting Quarterly Investment Report for September 30, 2016 Suggested Disposition: Receive and File 2 Yays ,/ Connors Rios Nays Buol Del Toro Lynch 3` Jones -Resnick $041 0i V 6. Iowa Urban Renewal Annual Report for Fiscal Year 2016 City Manager recommending approval of the Fiscal Year 2016 Iowa Urban Renewal Report for the City of Dubuque. RESOLUTION 389-16 Approving the Fiscal Year 2016 Urban Renewal Report for the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s) 7. Fiscal Year 2016 State of Iowa Annual Financial Report City Manager recommending approval of the City of Dubuque Fiscal Year 2016 State of Iowa Annual Financial Report. Suggested Disposition: Receive and File; Approve 8. City of Dubuque 2017 State Legislative Priorities City Manager transmitting the City of Dubuque recommended 2017 State Legislative Priorities to be presented to area legislators at the annual Legislative Dinner on November 29, 2016, at 5:30 p.m. at the Grand River Center. Suggested Disposition: Receive and File; Approve A J^ 9. Dubuque Metropolitan Area Solid Waste Agency (DMASWA) Financing Plan City Manager recommending City Council authorization for the Dubuque Metropolitan Area Solid Waste Agency to borrow money and endorse the financing plan for its Cell #9 Phase III Construction Project. RESOLUTION 390-16 Consenting to Financing Plan for Dubuque Metropolitan Area Waste Authority Suggested Disposition: Receive and File; Adopt Resolution(s) 3 Yays Nays Connors Rios Buol Del Toro Lynch Resnick Jones 10. US EPA Consent Decree Certification Remedial Measures City Manager recommending approval for the City Manager to certify and submit the City of Dubuque Certification of Work Completed Through 2016 to the US Department of Justice, US EPA and the Iowa Department of Natural Resources. Suggested Disposition: Receive and File; Approve 11. Total Administrative Services Corporation (TASC) Renewal Fee Approval City Manager recommending approval of the renewal rates received from the City's flexible spending plan administrator, Total Administrative Services Corporation, effective January 1, 2017, through December 31, 2017. Suggested Disposition: Receive and File; Approve 12. Gallagher Benefit Services Renewal City Manager recommending approval of an amendment to the Administrative Services Agreement with Gallagher Benefit Services, Inc. for benefit and consulting and actuarial services effective July 1, 2016 through December 31, 2016, and authorize the City Manager to sign the amendment. Suggested Disposition: Receive and File; Approve 13. City Hall Electrical Service Project Acceptance City Manager recommending acceptance of the public improvement construction contract for the Dubuque City Hall Electrical Service Project, as completed by Hawkeye Electrical RESOLUTION 391-16 Accepting the Dubuque City Hall - Electrical Services Project and authorizing the payment to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 4 Yays Nays Connors Rios Buol Del Toro Lynch Resnick Jones 14. 2016 Bridge Repair and Maintenance Project Acceptance City Manager recommending acceptance of the public improvement construction contract for the 2016 Bridge Repairs and Maintenance Project, as completed by Tschiggfrie Excavating, Co. RESOLUTION 392-16 Accepting the 2016 Bridge and Maintenance Project and authorizing the payment to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 15. Workers Compensation Claims Administrative Services Agreement City Manager recommending approval of the Agreement between the City of Dubuque and Alternative Services Concepts for services related to the administration of the City's Worker's Compensation Program, and authorization for the City Manager to execute the Agreement. Suggested Disposition: Receive and File; Approve 16. Iowa DOT Cooperative Agreement for Improvement to US Highway 20 / Menards Frontage Road City Manager recommending approval of a resolution authorizing the Mayor to execute the Iowa Department of Transportation Cooperative Preconstruction Funding Agreement for the Southwest Arterial — Menards Frontage Road and Improvements to U.S. Highway 20. RESOLUTION 393-16 Approving the Cooperative Preconstruction Funding Agreement (Agreement No. 2016-16-207) between the City of Dubuque and Iowa Department of Transportation for the Southwest Arterial - Menards Frontage Road and Improvement to US Highway 20 Suggested Disposition: Receive and File; Adopt Resolution(s) 5 Yays Nays Connors Rios Buol Del Toro Lynch Resnick Jones 17. Iowa DOT Preconstruction Agreement for SW Arterial / US Highway 20 Interchange Grading Project City Manager recommending approval of a resolution authorizing the Mayor to execute the Iowa Department of Transportation Preconstruction Funding Agreement for the Southwest Arterial — US Highway 20 Interchange Grading Project. RESOLUTION 394-16 Approving the Preconstruction Funding Agreement (Agreement No. 2017-4-002) between the City of Dubuque and Iowa Department of Transportation for the Southwest Arterial - US Highway 20 Interchange Grading Project Suggested Disposition: Receive and File; Appve/1 18. Iowa DOT Preconstruction Funding Agreement - Southwest Arterial - West Grading Project City Manager recommending approval of a resolution authorizing the Mayor to execute the Iowa Department of Transportation Preconstruction Funding Agreement for the Southwest Arterial — West Grading Project RESOLUTION 395-16 Approving the Preconstruction Funding Agreement (Agreement No. 2017-4-001) between the City of Dubuque and Iowa Department of Transportation for the Southwest Arterial - West Grading Project Suggested Disposition: Receive and File; Adopt Resolution(s) 19. Zoning Advisory Commission Communication from Zoning Advisory Commission requesting City Council approval to appoint Commissioner Tom Henschel and Commissioner Michael Belmont as representative to the Airport Zoning Commission. Suggested Disposition: Receive and File; Approve 6 Yays Nays Connors Rios Buol Del Toro Lynch Resnick Jones 20. Pre -Annexation Agreement - Bradley City Manager recommending approval of a Pre -Annexation Agreement with Brian D. Bradley and Jeffrey S. Bradley in conjunction with approving the Final Plat for Bradley Acres. RESOLUTION 396-16Approving the Pre -Annexation Agreement between the City of Dubuque, Iowa and Brian D. Bradley and Jeffrey S. Bradley Suggested Disposition: Receive and File; Adopt Resolution(s) 21. Public Works Department - Retitling Three Truck Driver Positions to Utility Worker City Manager recommending a City Council motion creating three Utility Worker positions and eliminating three Truck Driver positions associated with the retitling of the Truck Driver position to Utility Worker approved July 18, 2016. Suggested Disposition: Receive and File; Approve 22. Alcohol License Applications City Manager recommending approval of annual beer, liquor and wine licenses as submitted. RESOLUTION 397-16 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) 7 ITEMS SET FOR PUBLIC HEARING 1. Reallocate General Obligation Bond Series 2012H 12/5/16 Yays Connors Rios Nays Buol Del Toro Lynch Resnick Jones AY4 1. Reallocate General Obligation Bond Series 2012H City Manager recommending setting a public hearing for December 5, 2016, on a proposal to reallocate not to exceed $820,500 of the unspent proceeds of the General Obligation Bond Series 2012H from the renovation of the second floor of the Multicultural Family Center to fund the construction of the Jule Operations and Training Center. RESOLUTION 398-16 Fixing date for a meeting on the proposal to reallocate certain unspent proceeds of the General Obligation Bonds, Series 2012H, of the City of Dubuque, Iowa, and providing for publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for 12/5/16 8 BOARDS/COMMISSIONS Boards and Commissions Applicant Review. Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. 1. Airport Commission One, 4 -year term through September 14, 2020 (Expired term of Wagner) Applicants: e oIerne 'son, 2469 Hacienda Rd.; and Scott Leibfried, 3211 Honeysuckle Ln.' i' 49 "I�,- do/ 2. Building Code and Advisory Appeals Board One, 3 -year term through August 1, 2018 (Vacant term of Cruise — ADA Representative). Applicant: Katrina Wilberding, 3715 Asbury Rd. (Qualifies as ADA Representative) 3. Civic Center Commission One, 3 -year term through June 29, 2019 (Expired term of Gregory). Applicant: Nicholas Huff, 3Q75 Olde Country„Ct. b04 4. Zoning Advisory Commission One, 3 -year term through July 1, 2019 (Expired term of Belmont). Applicant: Michael Belmont, 222 Dillion St 9 PUBLIC HEARINGS �i;'3 1. Freestanding Solar Array Text Amendment Proof of publication on notice of public hearing to consider approval of a request from Greater Dubuque Development Corporation to amend the Unified Development Code to establish an administrative waiver process for free-standing solar arrays. ORDINANCE 58-16 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by Amending 16-3-11 to establish administrative waiver process for freestanding solar arrays in Residential and Office Districts Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays Nays Connors Rios Buol "" Del Toro (t:/ C friLynch Resnick Jones Final Reading and Adopt Yays Nays Connors Rios Buol A Del Toro` ."' Lynch Resnick �..- °° Jones f4/ �/x to dowiikeT a,L miz* sf lyM, L66 /4312, 4,i/6 /6"c -ix ef./1/4 Ovi if 19/4- le/rdi -0 (AO/ 1200e/5 -7 *id J/9 ,Wm/6"--? efif ,-609 7 airf 9aAreitx 2. Vacate Storm Sewer and Sanitary Sewer Easement at 3225 and 3275 //, Pennsylvania Avenue Proof of publication on notice of public hearing to approve the vacate of a storm and sanitary sewer easement across Lot 1 and Lot 2 of Lange Estate (3225 & 3275 Pennsylvania Avenue) and the City Manager recommending approval. RESOLUTION 399-16 Disposing 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) Yays Nays ' Connors Rios Buol Del Toro Lynch V,,,.% Resnick d Jones orepPleo 11 3. Jule Operations and Training Center Project Proof of publication on notice of public hearing to approve plans, specifications, form of contract and estimated cost for the Jule Operations and Training Center Project and the City Manager recommending approval. 6.;10"*Z2 RESOLUTION 400-16 Approval of plans, specifications, form of contract, and estimated cost for the Jule Operations and Training Center Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Connors yri, Rios Buol Del Toro /....---", Lynch ,,„- Resnick Jones 0,e 12 4. Greater Downtown Urban Renewal District Amendment Proof of publication on notice of public hearing to approve an amendment to the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District and the City Manager recommending approval. RESOLUTION 401-16 Approving the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Connors Rios Buol Del Toro 4,/":/ Lynch Resnick Jones 13 5. North Cascade Road Housing Urban Renewal Area Amendment v Proof of publication on notice of public hearing approving an Amended and Restated Urban Renewal Plan for the North Cascade Road Housing Urban Renewal Area and the City Manager recommending approval. RESOLUTION 402-16 Approving the Amended Urban Renewal Plan for the North Cascade Road Housing Urban Renewal Area Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Connors Rios Buol Del Toro l`f Lynch Resnick / / Jones 6,"4/f,e t d;2, -v,/, kliP7 ,'' '' 1,7 /1 al/lei/4,9 f , )19,p0-4) ifaid ‘,/ Pinoi 1-7,7 14 6. English Ridge Housing Urban Renewal Area Amendment e,7 0 Proof of publication on notice of public hearing approving the Amended and Restated English Ridge Housing Urban Renewal Plan and the City Manager recommending approval. RESOLUTION 403-16 Approving the Amended and Restated Urban Renewal Plan for the English Ridge Housing Urban Renewal Area Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Connors Rios Buol v Del Toro Lynch Resnick Jones 15 PUBLIC INPUT /0( koo4v eq // &71 /, k5r /5-",017/41 „re/ /110 6,Ak Jar/ /1-Y 2 Ae/i7i /04/Ter; /AM 4e CeidAl d 6ei tkit/W6 1/7>P• 141-2, ZI-P9 Al/ 405,7, ice` �/ _ _._......... ACTION ITEMS 7/3 1. Loras College Honors Project - Single -Use Plastic Checkout Bags Loras College Honors Project Students Morgan Dolan, Abigail Kirchner and Christine McDonald requesting to address the City Council regarding recommendatigns for single -use plastic checkout bags. Suggested p isposi eon: Receive and File; C� ciI el/a Ai Ri/ .216 10 g7 LAW, deiii i/2 i7z-40-7 ,v65 dep 450//k yf ?447 )1) zeaf 44a/, 0#/mi /4" 'llife/P 44M 111,04)42T IP* 3� 41:17/ /le*,7 1 17 /0 � YaysI� Nays Connors • Rios Buol Del Toro 4 f Lynch Resnick Jones Ri/ .216 10 g7 LAW, deiii i/2 i7z-40-7 ,v65 dep 450//k yf ?447 )1) zeaf 44a/, 0#/mi /4" 'llife/P 44M 111,04)42T IP* 3� 41:17/ /le*,7 1 17 2. Sister City Relationships Advisory Commission Sister City Relationships Advisory Commission recommending City Council approval to transition to a nonprofit organization under an agreement with the Dubuque Convention and Visitors Bureau. The Commission will make a presentation. Suggested Disposition: Receive and File; Yays Nays Connors Rios Buol Del Toro L.-- n Lynch `. Resnick % Jones W4,4/ ion 18 3. Timber Ridge Estates Final Plat City Manager recommending approval of the Final Plat of Timber Ridge Estates subject to allowing 22 -foot paving width for Forest Glen Court and Timber Court, and waiving Sections 11-20 Water Supply, 11-21 Sanitary Sewer, 11-23 Obligation to Install Improvements, and 11-24 Improvement Guarantees. RESOLUTION 404-16 Approving the Final Plat of Timber Ridge Estates in Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Connors i,"` Rios Buol Del Toro Lynch V Resnick Jones 19 -5/2- 4. Sky Blue Estates Final Plat #2 City Manager recommending approval of the Final Plat of Sky Blue Estates #2 as it is in compliance with the City of Dubuque Unified Development Code, subject to waiving the right-of-way width for Sky Blue Drive and Zephyr Drive. RESOLUTION 405-16 Authorizing approval of the Final Plat of Sky Blue Estates #2 in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays / Connors Rios Buol ,1,, Del Toro Lynch L"T Resnick Li Jones 111 lffe) ifriph4 4V).,) Of, 9: "/), h 20 57:67c/ 5. Greater Downtown Urban Renewal District Amendment —erdinttnee City Manager recommending approval of an ordinance amending the Tax Increment Financing District for the Greater Downtown Urban Renewal District that will authorize the inclusion of three adjacent areas, the new North End, West Locust Street Corridor and University Avenue Corridor. ORDINANCE 59-16 Amending Ordinance No. 45-14, Previously Amended, and Ordinance No. 61-08, providing that general property taxes levied and collected each year on all property located within the Greater Downtown Urban Renewal District 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 Urban Renewal Pian for the Greater Downtown Urban Renewal District Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays Connors Rios Buol Del Toro Lynch Resnick Jones Final Reading and Adopt Yays ,,- Nays i% Connors ir-- Rios Buol Del Toro Lynch Resnick Jones 21 domee) 6. Request for Work Session - Bee Branch Creek Restoration Project Walking Tour City Manager requesting that the City Council schedule work session walking tours of the Bee Branch Creek Restoration Project on Monday, April 10, 2017 at 5:30 p.m.; and Monday, May 22, 2017 at 5:30 p.m. Suggested Disposition: Receive and File; Counc' *A) Ya'y� Nays C� Connors Rios ,. Buol Del Toro , ,- Lynch Resnick Jones 22 COUNCIL MEMBER REPORTS 6C:47 //7A /27 fizif/6- 2/,,,Ki7/4/ idr471/09 "mz, /T.:* „J / / 4/4e V-4/7 ; 4,) 414/1Z4eeti/g*241 ir 1 61W CLOSED SESSION Pending Litigation and Real Estate Transfer Negotiations — Chapter 21.5(1)(c), -(j) Code of Iowa Closed Session @ p.m. Yays Nays . Connors Rios Buol Del Toro Lynch `'� Resnick i" Jones ADJOURNMENT @ p.m. Yays Nays Connors Rios Buol Del Toro Lynch Resnick Jones 23 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 21, 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 1-4 oy D. Buol, Mayor