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12 19 16 City Council Agenda ROLL CALL ORDER FOR MEETING OF December 19, 2016 Jones, Brad, Resnick, Rios, Del Toro, Connors, Lynch CRY OF DUBUQUE IOWA GYGI>4 CITY COUNCIL MEETING ornEr.. Hstorc Federal Building O na �" 350W. 8th Street It December l9 2016 a� Council neMings are video slreanetl live and archived A wrov cilyoMubuque.orgfinetlia and on Dubuque's CilyChannel on the Radial wile system at gook bull 8 and digital 117.2 REGULAR SESSION 6:00 PM PLEDGE OF ALLEGIANCE CONSENT ITEMS The consent agenda items are considered to be routine and non-mMoversial and ell consent items vnll be normally voted upon In a single decon wound any separate discussion on a particular Item If you vmultl like to discuss one of the Consent Incurred please go k the microphone and be recognized by the Wyor and state the item you vmultl like remmretl from the Consent Agenda for separate discussion and consitlerdon. 1. Minutes and Reports Submitted Cable N Commission of 127; City Council Proceetliggsof 125, 1212, Community Development Ativisary Cammi kaon of 11122, Five Flags Citic Center Cammis9on of 11128, Historic Preservation Commission of 11117, Led Range Planning Armoory Cammi kaon of 11117, Zoning Board of Adjustment of 11117; Proof of Publication for City Council Proceedings of 11121, 11128 Suggested Disposition: Revive and File 2. No iw of Claims and Suits Elizabeth Hess for personal Injury. Suggested Disposition: Revive and File; Rotor o City Attorney 3. Disposition of Claims City Atkrney etivising that the follovn rg claims had been referred to Public Entity Risk Services of lova, the agent forte lova Communities Assurance Per Elizabeth Hess for personal Injury, Michael Jalopies for vehicle damage, Alison Schmiltfor vehicle handed, Suggested Disposition: Revive and File; Concur A Jule Transit Annual Report City Manager denaturing the Fiscal Year 2016 Jule Trensiteennuel Report and uprights of operating defence Suggested Disposition: Revive and File S. Winter Reminders Brochure City Manager submitting the Winter Reminders public information brochure. Suggested Disposition: Receive and File 6. Sky Blue Estates Stormwater Management City Manager transmitting information relating to the stormwater management issues that arose during construction of the first phase of the Sky Blue Estates Subdivision and outlining steps taken to address the issues and prevent repeating them as a result of the development of Sky Blue Estates#2. Suggested Disposition: Receive and File 7. Kennedy Road Right-of-Way Acquisition (The Barony Inc.) City Manager recommending approval of the acquisition of real estate owned by The Barony, Inc. along the Kennedy Road right-of-way to clean up the City boundary and facilitate economic development projects in the area. RESOLUTION Approving the acquisition of real estate owned by the Barony, Inc. Suggested Disposition: Receive and File; Adopt Resolution(s) 8. Kennedy Road Right-of-Way Acquisition (Richman) City Manager recommending approval of the acquisition of real estate owned by John and Diane Richman along the Kennedy Road right-of-way to clean up the City boundary and facilitate economic development projects in the area. RESOLUTION Approving the acquisition of real estate owned by John T. and Diane M. Richman Suggested Disposition: Receive and File; Adopt Resolution(s) 9. Bee Branch Creek Restoration Project -Acquisition of 411 E. 15th Street City Manager recommending approval to amend the purchase agreement for the acquisition of 411 E. 15th Street to reflect the sharing of costs associated with the environmental cleanup required for the City's intended use of the property. RESOLUTION Amending the Purchase Agreement for the Acquisition of real estate owned by Blum Properties, Inc. in the City of Dubuque and authorizing application for U.S. EPA Brownfield Cleanup Grant Funding for the real estate Suggested Disposition: Receive and File; Adopt Resolution(s) 10. Kennedy Road Right-of-Way Acquisition (Gilbert Merritt) City Manager recommending approval of the acquisition of real estate owned by Lawrence Gilbert Merritt along the Kennedy Road right-of-way to clean up the City boundary and facilitate economic development projects in the area. RESOLUTION Approving the acquisition of real estate owned by Lawrence Merritt from his heirs Virginia Jahnke, Madonna Merritt, Carol Nesteby, and Juanita Schlarmann Suggested Disposition: Receive and File; Adopt Resolution(s) 11. Pre-Annexation Agreement - Timber Ridge Estates, LLC City Manager recommending approval of a Pre-Annexation Agreement with Timber Ridge Estates, LLC, in conjunction with a request for approval of the Final Plat of Timber Ridge Estates. RESOLUTION Pre-Annexation Agreement between the City of Dubuque, Iowa and Timber Ridge Estates, LLC Suggested Disposition: Receive and File; Adopt Resolution(s) 12. Timber-Hyrst Estates No. 4 - Time Extension City Manager recommending approval of an extension of time for North Cascade Developers, LLC to complete the required remaining public improvements in Timber-Hyrst Estates No. 4. RESOLUTION Amending Resolution No. 181-14 Approving the Final Plat of Timber-Hyrst Estates#4 in the t of Dub tae, Io uygested�isposiiiion: Receive and File; Adopt Resolution(s) 13. Offer to Buy Excess Right-of-Way at Fengler Street and Kerper Boulevard City Manager recommending approval of an agreement for the City to acquire a portion property owned by Giese Company, LLC in exchange for the vacation of a portion of excess right-of-way on Kerper Boulevard at Fengler Street. RESOLUTION Approving an Offer to Purchase Agreement for the acquisition of property at Fengler Street and Kerper Boulevard between the City of Dubuque, Iowa and Giese Company, LLP Suggested Disposition: Receive and File; Adopt Resolution(s) 14. Request for Proposals - Engineering Services for the Bee Branch Watershed Flood Mitigation Project City Manager recommending authorization to release an RFP and enter into contract negotiations with an engineering consulting firm to provide services as needed for the design, bidding, and construction of the 22nd Street/Kaufmann Avenue Storm Sewer Improvements and the 17th Street/W. Locust Street Storm Sewer Improvements. Suggested Disposition: Receive and File; Approve 15. ICAAP Grant Application for Grandview Avenue and University Avenue Roundabout Project City Manager recommending authorization to submit an application for an Iowa Clean Air Attainment Program (ICAAP) grant to assist with funding a proposed North Grandview Avenue and University Avenue Roundabout Intersection improvement. RESOLUTION Authorizing the filing of a grant application with the Iowa Department of Transportation for an Iowa Clean Air Attainment Program (ICAAP) Grant for the City of Dubuque North Grandview Avenue and University Avenue Roundabout Intersection Improvement Suggested Disposition: Receive and File; Adopt Resolution(s) 16. Valentine Park - Fiscal Year 2017 REAP Grant Agreement City Manager recommending approval of the FY2017 Resource Enhancement and Protection (REAP) Grant Agreement with the Iowa Department of Natural Resources for the Valentine Park Expansion— Roepsch Property. RESOLUTION Authorizing FY2017 REAP Grant Agreement with Iowa Department of Natural Resources for Valentine Park Expansion Project- Roepsch Property Suggested Disposition: Receive and File; Adopt Resolution(s) 17. AmeriCorps Partners in Learning Grant Application City Manager recommending approval of the 2017-2018 AmeriCorps Partners in Learning Campaign for Grade Level Reading Grant application. Suggested Disposition: Receive and File; Approve 18. Property Tax Appeal Settlement - Medical Associates Realty, LLC Senior Counsel recommending approval of the Stipulation of Settlement for a property tax appeal filed by Medical Associates Realty, LLC for property located at 990 Langworthy Street. Suggested Disposition: Receive and File; Approve 19. K �ffa ���vc�����df l �fa� Wj�ffY0WVJPWI c1YFPaFPAFbf Transportation Cooperative Preconstruction Funding Agreement for the Southwest Arterial-Military Road Reconstruction Project. RESOLUTION Approving the Cooperative Preconstruction Funding Agreement(Agreement No. 2017-16- 056) between the City of Dubuque and Iowa Department of Transportation for the Southwest Arterial - Military Road Reconstruction Project Suggested Disposition: Receive and File; Adopt Resolution(s) 20. Loras College Usage Agreement for Petrakis Field City Manager recommending approval of the Usage Agreement with Loras College for Petrakis Field. Suggested Disposition: Receive and File; Approve 21. Clarke University Usage Agreement for Veterans' Memorial Field 2 City Manager recommending approval of the Usage Agreement with Clarke University for softball field 2 in Veterans' Memorial Park. Suggested Disposition: Receive and File; Approve 22. I-Net User Agreements with Loras College and Clarke University City Manager recommending approval for the City Manager to eyecute I-Net Agreements with Loras College and Clarke University to connect the two campuses using Dubuque's I-Net. Suggested Disposition: Receive and File; Approve 23. Weaver Castle, LLC - Third Amendment to Development Agreement for 346-348 West Locust Street City Manager recommending approval of the Third Amendment to the Development Agreement with Weaver Castle, LLC for the redevelopment of property at 346-348 West Locust Street. RESOLUTION Approving the Third Amendment to the Development Agreement between the City of Dubuque, Iowa and Weaver Castle, LLC Suggested Disposition: Receive and File; Adopt Resolution(s) 24. Acceptance of 2016 Asphalt Overlay Access Ramp Project Two City Manager recommending acceptance of the construction contract for the 2016 Asphalt Overlay Access Ramp Project Two as completed by Midwest Concrete. RESOLUTION Accepting the 2016 Asphalt Overlay Access Ramps Project Two and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 25. Acceptance of 2016 Asphalt Overlay Access Ramp Project Three City Manager recommending acceptance of the construction contract for the 2016 Asphalt Overlay Access Ramp Project Three as completed by Midwest Concrete. RESOLUTION Accepting the 2016 Asphalt Overlay Access Ramps Project Three and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 26. Acceptance of Permanent Easement for Storm Sewer at 545 Villa Street City Manager recommending acceptance of a Grant of Permanent Easement for Storm Sewer from Bradley and Ann Palzkill over a portion of their property at 545 Villa Street that will facilitate the construction and on-going maintenance of the Storm Sewer Utility, which the City of Dubuque will own and maintain. RESOLUTION Accepting a Grant of Easement for storm sewer over and across a part of Lot 1 of the Subdivision of Lot 25 in LeVs Addition, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 27. Acceptance of Fiscal Year 2016 Sewershed 5 Sanitary Sewer Manhole Project City Manager recommending acceptance of the construction contract for the FY16 Sewershed 5 Sanitary Sewer Manhole Project, as completed by McDermott Excavating. RESOLUTION Accepting the FY16 Sewershed 5 Sanitary Sewer Manhole Project Suggested Disposition: Receive and File; Adopt Resolution(s) 28. Acceptance of Dubuque Industrial Center South Building Pad 1 Sanitary Sewer Extension Project City Manager recommending acceptance of the construction contract for the Dubuque Industrial Center South Building Pad 1 Sanitary Sewer Extension as completed by McDermott Excavating. RESOLUTION Accepting the Dubuque Industrial Center South Building Pad 1 Sanitary Sewer Extension and Authorizing the payment to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 29. Acceptance of State of Iowa Land Patent - 250 South Main Street City Manager recommending acceptance of a State of Iowa Land Patent for conveyance of the title for the tract of land located at 250 South Main Street from the State of Iowa to the City of Dubuque. RESOLUTION Accepting a State Land Patent for the conveyance of title for the tract of land located at 250 South Main Street(Parcel B, located in Block 14 of Dubuque Harbor Company Addition in the City of Dubuque, Dubuque County, Iowa) from the State of Iowa to the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s) 30. Acceptance of Fiscal Year 2016 Sewershed 5, 7, 11 and 12 Manhole Project City Manager recommending acceptance of the public improvement construction contract for the FY16 Sewershed 5, 7, 11 and 12 Manhole Project, as completed by Visu-sewer Inc. RESOLUTION Authorizing the FY16 Sewershed 5, 7, 11 & 12 Manhole Project and authorizing the payment to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 31. Acceptance of Fiscal Year 2016 CIPP Sanitary Sewer Lining Project City Manager recommending acceptance of the public improvement construction contract for the FY16 (CIPP) Sanitary Sewer Lining Project, as completed by SAK Construction. RESOLUTION Accepting the FY16 Sanitary Sewer Cured-in-Place Pipe (CIPP) Lining Project and authorizing the payment to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 32. Civil Service Commission - Certified Lists Civil Service Commission submitting the Certified Lists for the positions of Account Clerk I, Water Meter Repairworker I, Urban Forester, and the re-certified list for the position of Inspector II. Suggested Disposition: Receive and File; Make Matter of Record 33. City Council 2015 Official Proceedings City Clerk submitting the Official City Council Proceedings for 2015. Suggested Disposition: Receive and File; Approve 34. Mediacom Communications Company Correspondence from Lee Grassley, Senior Manager of Government Relations for Mediacom Communications Company, informing the City of rate adjustments being implemented on or about January 3, 2017. Suggested Disposition: Receive and File 35. Alcohol Compliance Civil Penalty for Alcohol License Holder—Casey's General Store #3473 City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Casey's General Store#3473, 1072 Cedar Cross Road. Suggested Disposition: Receive and File; Approve 36. Tobacco Compliance—Civil Penalty for Tobacco License Holder—Casey's General Store #3473 City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for Casey's General Store#3473, 1072 Cedar Cross Road. Suggested Disposition: Receive and File; Approve 37. Alcohol License Applications City Manager recommending approval of annual beer, liquor and wine licenses as submitted. RESOLUTION 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) ITEMS SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. 1. Voluntary Annexation -William and Janet Siegert - Old Highway Road City Manager recommending setting a public hearing for January 17, 2017, on the voluntary annexation request of William and Janet Siegert for five acres of property they own located between Old Highway Road and US Highway 20/Dodge Street, submitted concurrently with an application to rezone the property. RESOLUTION 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 1/17/17 BOARDS/COMMISSIONS 1. Boards and Commissions Applicant Review Applicants are invited to address the City Council regarding their desire to serve on the following Boards/Commissions. Applicant appointments will be made at the next City Council meeti ng. Housing Code Appeals Board One, 3-year term through January 11, 2020 (Expiring term of Young) Applicant: David Young, 420 Burch St. Resilient Community Advisory Commission Nine, 3-year terms through July 1, 2019 - Three, 3-year terms through July 1, 2019 (Cross Representation Appointments) - Six, 3-year terms through July 1, 2019 (At-Large Appointments) Qualifies as Qualifies as Applicants At-Large Cross-Rep. Sara Booth, 2015 Chaney Rd. X Benjamin Darr, 419 Winona St. X Dean Boles, 1715 Geraldine Dr. X Steven Drahozal, 683 W. 11th St. X X Stephanie Grutz, 6176 Centura Ct. X Nicholas Huff, 3075 Olde Country Ct. X Robin Kennicker, 2929 Elm St. X X Carrie Lohmann, 1879 Denver Dr. X X Jared McGovern, 755 Chestnut St. X Mike Muench, 2805 Jackson St. X Kate Parks, 486 Clarke Dr. X X Sergio Perez, 1325 Cox St. X Laura Roussell, 3224 Bittersweet X X Rich Russell, 2045 Embassy West Dr. X X Paul Schultz, 1008 Victoria St. X Leah Specht, 3248 Bittersweet Ln. X 2. Boards and Commissions Appointments Appointments to the following commissions to be made at this meeting. Catfish Creek Watershed Management Authority Two, 4-year terms through July 16, 2020 (Expired terms of Giannakouros and Hoyer) Applicants: Steve Drahozal, 683 W. 11th St Neal Patten, 768 Nevada St. Human Rights Commission One, 3-year term through June 29, 2019 (Expiring term of Jackson) Applicant: Miquel Jackson, 2130 Woodland Dr. This commission is subject to the State of Iowa Gender Balance Law. 9 Commissioners total; currently 4 males/4 females Mediacom Charitable Foundation One, 1-year term through December 31, 2017 (Expiring term of Chavenelle) Applicant: Gail Chavenelle, 1155 Kelly Ln. PUBLIC INPUT At this time, anyone in the Council Chambers may address the City Council on the Action Items on the agenda or on matters under the control of the City Council. Citizens are asked to approach the podium and state their name and address before proceeding with their comments. Individual remarks are limited to five minutes, and the overall Public Input period is limited to 30 minutes. Under the Iowa Open Meetings Law, the City Council can take no formal action on comments given during Public Input which do not relate to Action Items on the Agenda. ACTION ITEMS These are items where discussion is held by the City Council - public comments are not allowed except as authorized by the Mayor. 1. Central Iowa Water Association (CIWA) Settlement Agreement Changed Assistant City Attorney MaureenQuann is recommending approval of a Settlement Agreement and Asset Purchase Agreement with Central Iowa Water Association (CIWA), and the City Manager is recommending the financing strategy. RESOLUTION Approving a Settlement Agreement between Central Iowa Water Association and the City of Dubuque for water supply, service and territory, and accepting the Deeds to certain real estate in Dubuque County, Iowa from Central Iowa Water Association Suggested Disposition: Receive and File; Adopt Resolution(s) 2. Declaration of Official Intent to Reimburse Expenses - Fiscal Year 2016 Water Projects Added Late City Manager recommending approval of the Declaration of Official Intent Resolution for the acquisition of Central Iowa Water Association water system, construction of English Mill Pump Station, and water main extension and improvements. RESOLUTION Declaring an Official Intent under Treasury Regulation 1.150-2 to issue debt to reimburse the City for certain original expenditures paid in connection with the Fiscal Year 2017 Water Projects Suggested Disposition: Receive and File; Adopt Resolution(s) 3. 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 4. Five Flags Civic Center Quarterly Report Changed SMG Regional General Manager HR Cook will share a quarterly report on the Five Flags Civic Center. Suggested Disposition: Receive and File; Presentation 5. Final Plat of Timber-Hyrst Estates#5 City Manager recommending approval of the Final Plat of Timber-Hyrst Estates#5. RESOLUTION Approving the Final Plat of Timber-Hyrst Estate#5 in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 6. Request for Work Session - Dubuque Area Convention and Visitors Bureau Dubuque Area Convention &Visitors Bureau President&CEO Keith Rahe requests the City Council schedule the CVB budget work session for February 6, 2017, at 5:30 p.m. Suggested Disposition: Receive and File; Council COUNCIL MEMBER REPORTS CLOSED SESSION Pending Litigation and Real Estate Transfer Negotiations—Chapter 21.5(1)(c), -(j) Code of Iowa ADJOURNMENT