4 6 15 City Council Agenda ROLL CALL ORDER FOR MEETING OF
April 6, 2015
Sutton, Lynch, Connors, Resnick, B2lg, Seel, Jones
CITY OF DUBUQUE IOWA
ny OFD` CITY COUNCIL MEETING
t \p Historic Federal Building
350 W 6th Street
0IT ai Apnl6 9115
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Council meemngs are video streamed live and archived at voomecityoftlubuqueorg/media and on Dubuque's
CityCbannel on the Metliacom cable system at Channel (analog) and 85.2 (digitap.
WORK SESSION
1. 5:30 pm - Cathsb Creek Watershed Management Plan
A NII (290 page) copy ohne Catfisn Creek Watershed Management Plan Is available torvlewing ar the City Clams
Ofllce, 50 West 1 Min Street
REGULAR SESSION
6:30 PM
PLEDGE OF ALLEGIANCE
PROCLAMATIONS)
1. Community Development Week (Apnl 6-11)
2. Mayor's Day of Recognition for National Service (Apnl T)
3. Smart Money Week (April l8 -25)
CONSENT ITEMS
The consent agenda Items are considered N be Future and noncontroversial and all consent items will be normally voKd
upon In a single motion wltltoutany separate discussion on a particular item If youwouitl like N discuss one of the Consent
Items, please go N the microphone and be recognized by tlhe Mayor and statethe item youwould like removed from the
Consent Agenda for separate discussion and consideration.
L Minutes and Reports Subm ifted
Arts and Cultural Affairs Advisory Commisslon 225, 3/10', Hlstonc Preselvabon Com mission 3/19', Library Board of
Trustees of 1/22, 2/17 Sister City Relationship A Wlsaw Commisslon for 3/13', Proof of Publication for City Council
proceedings of 215, 3/2, NO 3/5.
Suggested Disposition: Receive and File
2. Notice of Claims and Suits
Shanlb Alexander for vehicle dam age Kristine Blakeman for vehicle dam age Coral Boge for pmpeny, dam age Linda
Chong for pmpeny, dam age; J enniter Feist for personal I Jury; Will Gross for property dam age holder Hall for property
dam age LauraMerntt for property dam age James M ever for property dam age Thom as Miller for personal l Jury; Mark
Sprain for property dam age Elizabeth SmM for property dam age Trigger Happy Tattoo for revenue loss; Joyce and
Albert Wlendenbacher for property damage.
Suggested Disposition: Receive and File; Retx W City Attorney
3. Disposition M Claims
City Attorney advising that the following claims have been reforms N Public Entity Risk Services of Iowa, the agent for the
owo Communites Assurance Pool. ATanlb Alexander for vehicle dam age Kristine Blakeman forvehicle damage; Carol
Boge for property damage Linda Chong for properly damage Jennifer Feist for personal Injury, Will Gross for property
dam age Robert Hall for property dam age Laura Merrltt for property dam age James M ever for pmpeny, damage Thomas
Mill er for personal Injury; Mane Sarazln for properly dam age Joyce and Albeit W lendenbacherfor properly dam age
Suggested Disposition: Receive and File; Concur
4. AmeriCorps VISTA Project Application
City Manager recommending approval of the AmeriCorps VISTA grant application to the Corporation for National and
Community Service for four VISTA positions focused on the Third Grade Reading Initiative.
Suggested Disposition: Receive and File; Approve
5. Dubuque Marina Assignment of Lease
City Manager recommending approval of the Assignment of Lease with the understanding that the Assignment of Lease
should not be considered by Pier Pressure Marine IA, Inc. as any indication of whether the City will or will not agree to an
extension of the Lease.
Suggested Disposition: Receive and File; Approve
6. North Cascade Road Developers Agreement
City Manager recommending approval of the North Cascade Road Developers Agreement.
Suggested Disposition: Receive and File; Approve
7. US Department of Housing and Urban Development (HUD) Resiliency Grant Application - Phase I
City Manager recommending approval for the submission of a Phase I application to the US Department of Housing and
Urban Development National Disaster Resilience Competition.
Suggested Disposition: Receive and File; Approve
8. Community Working/Investing in Neighborhood Stabilization (WINS)Grant Program
City Manager recommending approval of the submittal of The Wells Fargo/U.S. Conference of Mayors Community WINS
(Working/Investing in Neighborhood Stabilization) Grant Program joint application in partnership with the Community
Foundation of Greater Dubuque and Northeast Iowa Community College.
Suggested Disposition: Receive and File; Approve
9. Art on the River- Arts and Cultural Affairs Advisory Commission Modified Recommendation
The Arts and Cultural Affairs Advisory Commission is recommending that the City Council concur with the updated 2015 Art
on the River jury selections and recommendations for outdoor sculpture at the Port of Dubuque.
Suggested Disposition: Receive and File; Approve
10. Community Development Block Grant FY15 Annual Action Plan-Amendment 2
City Manager recommending approval of the Community Development Block Grant Fiscal Year 2015 Annual Action Plan-
Amendment 2.
RESOLUTION Approving Fiscal Year 2015 (Program Year 2014) Annual Action Plan Amendment 2 for Community
Development Block Grant (CDBG) Funds
Suggested Disposition: Receive and File; Adopt Resolution(s)
11. PetData Contract Renewal
City Manager recommending approval of a renewal agreement with PetData, Inc. for the pet licensing service that
processes the sale of all dog and cat licenses in the City of Dubuque.
Suggested Disposition: Receive and File; Approve
12. Concession Agreement - Flora and Sutton Swimming Pool
City Manager recommending acceptance of the latest bid from Paul Connors to operate the pool concessions.
Suggested Disposition: Receive and File; Approve
13. Iowa Department of Transportation Grant Agreement for County/City Trailhead -Corrected Version
City Manager recommending approval of the corrected version of the Iowa Department of Transportation grant agreement
for the County/City Heritage Trail Parking Lot along S. John Deere Road.
Suggested Disposition: Receive and File; Approve
14. Multicultural Family Center Agreement
City Manager recommending approval of the First Amendment to the Agreement between the City of Dubuque and the
Multicultural Family Center.
Suggested Disposition: Receive and File; Approve
15. Water& Resource Recovery Center(W&RRC) Cogeneration Facilities Project Acceptance
City Manager recommending acceptance of the construction contract for the Water and Resource Recovery Center
Cogeneration Facilities Project, as completed by Total Mechanical Services, Inc.
RESOLUTION Accepting the Water and Resource Recovery Cogeneration Facilities Project and Authorizing the Payment
of the Contract Amount to the Contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
16. Acceptance of Temporary Easement for Grading and Construction and a Permanent Easement for
Sanitary Sewer from Davis Place LLC
City Manager recommending acceptance of a temporary easement for grading and construction and a permanent
easement for sanitary sewer from The Davis Place LLC.
RESOLUTION Accepting a Grant of Temporary Easement for Grading and Construction and Permanent Easement for
Sanitary Sewer Through, Over and Across Part of Lot 3 in Davis Place II, in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
17. Final Plat for Derby Grange Acres
City Manager recommending approval of the Final Plat of Derby Grange Acres subject to allowing 22-foot paving width for
Country View Drive and Country View Court, a 25-foot lot frontage for Lot 6, and waiving Sections 11-20 Water Supply, 11-
21 Sanitary Sewer, 11-23 Obligation to Install Improvements, and 11-24 Improvement Guarantees.
RESOLUTION Approving the Final Plat of Derby Grange Acres in Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
18. Utility Easements - Furuseth Property
City Manager recommending approval of the purchase of an Easement Agreement from Patricia Furuseth for the
construction of the utility extension to the Dubuque Regional Airport and approval of resolutions authorizing the City
Manager to take such further action as is required to complete the purchase of the Easements.
RESOLUTION Approving the Acquisition of Easements Upon Real Estate Owned by Patricia F. Furuseth In Dubuque
County, Iowa
RESOLUTION Accepting Grant of Easements Upon Real Estate Owned by Patricia F. Furuseth in Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
19. Utility Easements -O'Rourke Property
City Manager recommending approval of the purchase of an Easement Agreement from Paul O'Rourke for the construction
of the Utility Extension to the Dubuque Regional Airport and approval of a resolution authorizing the City Manager to take
such further action as is required to complete the purchase of the Easements.
RESOLUTION Approving the Acquisition of Easements Upon Real Estate Owned by O'Rourke Farms LLC in Dubuque
County, Iowa
RESOLUTION Accepting Grant of Easements Upon Real Estate Owned By O'Rourke Farms LLC In Dubuque County,
Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
20. Utility Easements -Speigel Property
City Manager recommending approval of a Grant of Easement for the Royal Oaks Development Corporation Property and
authorization for the City Manager to execute the Grant of Easement for the proposed construction of the Utility Extension
to the Dubuque Regional Airport.
RESOLUTION Accepting Grant of Easement Upon Real Estate Owned by Royal Oaks Development Corporation in
Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
21. Utility Easements -Tracy Property
City Manager recommending approval of the purchase of an Easement Agreement from William D. Tracy, William C. Tracy
and Kay J. Tracy for the construction of the Utility Extension to the Dubuque Regional Airport and approval of a resolution
authorizing the City Manager to take such further action as is required to complete the purchase of the Easements.
RESOLUTION Approving the Acquisition of Easements Upon Real Estate Owned by William D. Tracy, William C. Tracy,
Kay J. Tracy In Dubuque County, Iowa
RESOLUTION Accepting Grant of Easements Upon Real Estate Owned by William D. Tracy, William C. Tracy, Kay J.
Tracy In Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
22. Mediacom Communications Company
Correspondence from Lee Grassley, Senior Manager of Government Relations for Mediacom Communications Company
informing the City of programming adjustments being implemented on or about April 15, 2015.
Suggested Disposition: Receive and File
23. EPA Brownfields Area-Wide Planning Progam Grant
City Manager recommending approval and acceptance of the Environmental Protection Agency Brownfields Area-Wide
Planning Program grant.
Suggested Disposition: Receive and File; Approve
24. Signed Contracts
Bee Branch Creek Railroad Crossing, Amendment to Service Agreement with Canadian Pacific; Full Circle Organics, LLC
Renewal of Agreement.
Suggested Disposition: Receive and File
25. Letter of Commitment -Greater Dubuque Agriculture and Construction Machinery Manufacturing
Community Application
Submittal of this Letter of Commitment to the Greater Dubuque Agriculture and Construction Machinery Manufacturing
Community application under consideration from Northeast Iowa Community College and our tri-state area partners for a
regional Investing in Manufacturing Communities Partnership designation.
Suggested Disposition: Receive and File; Approve
26. Airport Utility Extension Project -Accepting Deed to Lot 1 of Silver Oaks
City Attorney Barry Lindahl recommending adoption of the resolution.
RESOLUTION Accepting the Deed to Lot 1 of Silver Oaks in Section 23, Table Mound Township, Dubuque County, Iowa,
According to the Recorded Plat Thereof from Royal Oaks Development Corporation
Suggested Disposition: Receive and File; Adopt Resolution(s)
27. Alcohol Compliance Civil Penalty for Alcohol License Holder-Sam's Club
City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation
for Sam's Club#4973, 4400 Asbury Road.
Suggested Disposition: Receive and File; Approve
28. Tobacco Compliance Civil Penalty for Tobacco License Holder- Dave's Conoco
City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation
for Dave's Conoco, 500 Locust St.
Suggested Disposition: Receive and File; Approve
29. Tobacco Compliance Civil Penalty for Tobacco License Holder- Family Dollar
City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation
for Family Dollar#1599, 2013 Central Avenue#4.
Suggested Disposition: Receive and File; Approve
30. Alcohol License Applications
City Manager recommending approval of annual liquor, beer, 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. Upper Bee Branch Creek Channel, Streets and Utilities Project
City Manager recommending authorizing the public bidding process and establish a public hearing for April 20, 2015 for
the Upper Bee Branch Creek— Channel, Street and Utilities Project.
RESOLUTION Upper Bee Branch Creek— Channel, Streets, & Utilities Project 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)
2. Upper Bee Branch Creek Structures Project
City Manager recommending authorizing the public bidding process and establish a public hearing for April 20, 2015 for
the Upper Bee Branch Creek— Structures Project.
RESOLUTION 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)
3. North Cascade Road Housing - Urban Renewal Plan Amendment
City Manager recommending City Council adopt the Resolution of Necessity to begin the process of creating the Urban
Renewal Plan for the North Cascade Road Housing Urban Renewal Area and set a public hearing for May 4, 2015 on
adoption of the Amended Plan for the North Cascade Road Housing Urban Renewal Area.
RESOLUTION Of Necessity Finding That Certain Property Along North Cascade Road 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 Amendment to Urban Renewal Plan for Said District
Suggested Disposition: Receive and File; Adopt Resolution(s)
BOARDS/COMMISSIONS
1. Review of applications to the following Board or Commission
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 meeting.
Electrical Code Board
One, 3 Year term through May 21, 2017 (Vacant term of Pfohl)
Applicant:
Zach Dowell, 2055 Winne Ct. (Qualifies as Joumeyman/Maintenance)
2. Appointments to the following Boards or Commissions
Environmental Stewardship Advisory Commission
One, 3 Year term through October 1, 2017 (Vacant term of Splittstoeser)
Applicant:
Jalee Lynn Frommelt, 2540 Anamosa Dr.
Housing Code Appeals Board
One, 3 Year term through January 11, 2016 (Vacant term of Kinsella)
Applicant:
Ronald White, 3197 Highland Park Dr.
PUBLIC HEARINGS
Citizens are invited to address the City Council regarding the following agenda items. Please come to the podium and
state your name and address when the item you wish to speak to is being considered.
SUSPEND THE RULES
1. SRF Green Alley Project- Bid Set 7 Year 1
Proof of publication on notice of public hearing to consider approval of plans, specifications, form of contract, and
estimated cost of the SRF Green Alley Project Bid Set 7 -Year 1 and the City Manager recommending approval.
RESOLUTION Approval of Plans, Specifications, Form of Contract, and Estimated Cost for the SRF Green Alley Bid
Set 7—Year 1 Project
RESOLUTION With Respect to the Adoption of the Resolution of Necessity Proposed for the SRF Green Alley Bid Set
7—Year 1 Project
RESOLUTION Approving Schedule of Assessments and Estimate of Total Cost for the SRF Green Alley Bid Set 7—
Year 1 Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
2. 253 Main St. - Development Agreement
Proof of publication on notice of public hearing for the approval of the Development Agreement with Ken
Oberbroeckling to redevelop property at 253 Main Street into four market rate apartments and the City Manager
recommending approval.
RESOLUTION Approving a Development Agreement Between the City of Dubuque, Iowa and Ken Oberbroeckling and
the Issuance of Urban Renewal Tax Increment Revenue Obligations
Suggested Disposition: Receive and File; Adopt Resolution(s)
3. 1576 Locust St. -Development Agreement
Proof of Publication on notice of public hearing to approve the Development Agreement with with Chris and Gary
Stelpflug for redevelopment of property located at 1576 Locust Street into three apartments and the City Manager
recommending approval.
RESOLUTION Approving a Development Agreement Between the City of Dubuque, Iowa and Weaver Castle, LLC
Suggested Disposition: Receive and File; Adopt Resolution(s)
4. Fiscal Year 2015 Second Budget Amendment
City Manager recommending approval of the second Fiscal Year 2015 Budget Amendment.
RESOLUTION Amending the Current Budget for the Fiscal Year Ending June 3 2015 (as amended last on 09/15/2014).
Suggested Disposition: Receive and File; Adopt Resolution(s)
5. Vacate Access, Utility and Storm Water Drainage Easement Lot C Reche's Subdivision - University of Dubuque
Physician's Assistant Building Addition
Proof of publication on notice of public hearing to vacate the easement of Lot C Reche's Subdivision, and transfer of
ownership and maintenance responsibilities for the public sanitary sewer at no cost to the University of Dubuque in
exchange for the transfer of ownership and maintenance of the sanitary sewer main to the University of Dubuque.
RESOLUTION Disposing of City Interest in an Access, Utility, and Storm Water Drainage Easement Over and Across
Lot C of Reche's Subdivision in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
REINSTATE THE RULES
This action limits discussion to the City Council
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. Eagle Point Energy Power Purchase Agreement Reinstatement
City Manager recommending approval of reinstating the August 1, 2011 Agreement with Eagle Point Energy- 1, LLC
effective May 1, 2015.
RESOLUTION Reinstating the August 1, 2011 Agreement for Solar License and Power Purchase Between the City of
Dubuque, Iowa and Eagle Point Energy- 1, LLC
Suggested Disposition: Receive and File; Adopt Resolution(s)
2. Property Acquisition - Doris A. Graf Farm
City Manager recommending approval of an Offer to Buy Real Estate and Acceptance to purchase the 166.3 acre Graf
Farm.
RESOLUTION Approving the Acquisition of Real Estate Owned by Doris A. Graf in Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
3. Premier Bank Intercreditor Agreement
City Manager recommending approval of an Intercreditor Agreement with Premier Bank for the German Bank Building,
342 Main Street.
RESOLUTION Approving an Intercreditor Agreement Between the City of Dubuque, Iowa and Premier Bank
Suggested Disposition: Receive and File; Adopt Resolution(s)
4. Funding to Increase Library Hours
City Manager recommending approval of an allocation in the Fiscal year 2016 budget, subject to a future budget
amendment.
Suggested Disposition: Receive and File; Approve
5. Examining Board Member Appointment
Correspondence from Rick Engelken, City Assessor requesting appointment of one City Council members to the
Examining Board pursuant to Iowa Code 441.3 and documentation of such appointment.
Suggested Disposition:
Receive and File; Council Appointment
6. Request for Work Session -Parks to People
City Manager recommending City Council schedule a work session on May 18, 2015 at 5:15 pm for Parks to People.
Suggested Disposition: Receive and File; Council
COUNCIL MEMBER REPORTS
PUBLIC INPUT
At this time, anyone in the Council Chambers may address the Council on matters which are of concern to that person and
which are not an agenda item. Please take your place at the microphone and state your name and address clearly. Proceed
with your comments; however, no formal action may be taken at this time on your comments because of the notice
requirements of the Iowa Open Meetings Law.
CLOSED SESSION
Pending Litigation and Property Acquisition —Chapter 21.5(1)(c), -Q) Code of Iowa
ADJOURNMENT