4 20 15 City Council Agenda ROLL CALL ORDER FOR MEETING OF
April 90, 2015
Resnick, Lynch, Seel, Braig, Connors, Sutton, Jones
CITY OF DUBUQUE IOWA
�Y OF Op CITY COUNCIL MEETING
t \p Historic Federal Building
350 W 6th Street
0WIT ai Apn120 2015
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Council meemngs are video streamed live and archived at voomecityoftlubuqueorg/media and on Dubuque's
CityCbannel on the Med acorn cable system at Channel (analog) and 85.2 (digitap.
RE GUI-AR SESSION
6:30 PM
PLEDGE OF ALLEGIANCE
PRESENTATIONS)
1. International Cq/County Managem aR Association Fellowship Exchange Program
City Manager to w elcom e and introduce Lieutenant Col onel Greg Ank of Fort Sam, Houston, Teras.
PROCUM TIONS)
1. Com munity Days M Canng Weekend (Apn124 &25, 2015)
2. Dubuque Yoga Festival Weekend (May 13,2015)
3. Laughter Day (My 4,2015)
CONSENT ITEMS
The consent agenda Items are considered to be routine and noncontroversial and all consent items will be normally voDd
upon in a single motion wltlhoutany separate discussion on a particular item If youwould like to discuss one of the Consent
Items, please go to the microphone and be recognized by the Mayor and statethe item you would like removed from the
Consent Agenda for separate discussion and consideration.
1. Minutes and Reports Subm itted
City Council Pmceetlings of 4/6 Civil Service Commission of 4/8, Human Rights Commission of 3/9', Library Board of
Trustees Report of 411 Zoning AtlNsaw Commission of 411 Zoning Board of Adjustment of 3/26, Proof of Publlcatton for
City Council Pmceetlings of March 12 & 16, Pmet of Publication for List of Claims and Summary of Revenues for Month
Ending 2/28
Suggested DisposiEon: Receive and File
2. Notice of Claims and Suits
Robert& Sally Boynton for vehicle tlamage, Betty Brennan for property tlamage, David & Margaret EM1lers forpmpehy,
tlamage, ThomasGaul/JC Real Estate for property tlamage, Ernesto Gutter¢forvehicle tlamage, Karen Haringtonfor
property tlamage, Harold & Betty W elRrfor property damage
Suggested DisposiEon: Receive and File; Refer W City Attorney
3. Disposition M Claims
CH Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa the agent for the
(wS
communNes Assurance Poor. Betty Brenan for property damage, Robot &Sally Boynton for vehicle dam age
Thomas Gau/JC Real Estate for property damage Ernesto Gutierrez for vehicle damage, Karen ITamngton for property
dam age Trigger Happy Tattoo for loss of revenue, Harold and Betty Welter for property damage
Suggested DisposiEon: Receive and File; Concur
4. Sustainable Dubuque Com munity Grant Recomm entl#ions
City Manager recommending funding of nine Sustainable Dubuque Community grant requests as submlLed by Sustainable
Dubuque Coordl rator Con Burbach and the App icatton Review Commitee
Suggested Disposition: Receive and File; Approve
5. Storybook Hill Children's Zoo Boosters - Renewal of Lease
City Manager recommending approval of a one-year lease that may be renewed by mutual agreement for four more one-
year terms with Dubuque Children's Zoo Boosters, Inc., for approximately ten acres of Roosevelt Park on North Cascade
Road to operate the Storybook Hill Children's Zoo.
Suggested Disposition: Receive and File; Approve
6. Five Flags Center- Fiscal Year 2016 Detailed Operating Budget
City Manager recommending approval of the Fiscal Year 2016 Five Flags Center proposed operating budget submitted by
SMG.
Suggested Disposition: Receive and File; Approve
7. Lower Main Development, LLC Subordination Agreement
City Manager recommending approval of the execution of the Subordination Agreement with Lower Main Development,
LLC for the mortgage on the property located at 137 Main Street.
Suggested Disposition: Receive and File; Approve
8. Linseed Oil Paintworks Building Project -Contract Amendment No. 7
City Manager recommending approval of an amendment to the CDBG Contract extending the completion deadline to
December 31, 2015 for the Linseed Oil Paintworks Building project.
RESOLUTION Authorizing the execution of an Amendment to the Community Development Block Grant (CDBG) Housing
Disaster Recovery Fund Contract between the Iowa Economic Development Authority and the City of Dubuque for the
Linseed Oil Paintworks Company Building Extending the contract completion deadline
Suggested Disposition: Receive and File; Adopt Resolution(s)
9. Pier Pressure Marine IA, Inc. -Collateral Assignment
City Manager recommending approval of the Collateral Assignment of Lease Agreement among Pier Pressure Marine IA,
Inc., Lessee (Borrower), City of Dubuque, Iowa, Lessor, and East Dubuque Savings Bank, Lender.
Suggested Disposition: Receive and File; Approve
10. Arts and Culture Master Plan -Consultant Agreement
City Manager recommending approval of a contract between the City of Dubuque and Lord Cultural Resources to develop
an Arts and Culture Master Plan.
Suggested Disposition: Receive and File; Approve
11. Dubuque Industrial Center Economic Development District-Agricultural Land Area Agreement
City Manager recommending approval of an agreement between the City and a property owner, Doris A. Graf, for the
inclusion of her agricultural property in the proposed expansion of the Dubuque Industrial Center Economic Development
District.
RESOLUTION Approving an agreement to include certain agricultural land in an amended Urban Renewal Plan for
Dubuque Industrial Center Economic Development District
Suggested Disposition: Receive and File; Adopt Resolution(s)
12. Amendment to Collective Bargaining Agreement -Teamsters Local No. 120
City Manager recommending an Amendment to the Collective Bargaining Agreement with the Teamsters Union Local 120
to provide for a work week that consists of ten hours per day and four days per week for the Maintenanceworker, Airfield
Maintenanceworkers and Mechanic assigned to the Airport Department.
Suggested Disposition: Receive and File; Approve
13. U.S. Army Corps of Engineers Correspondence
The City Manager transmitting the City of Dubuque's comments to Rock Island District's letter inviting comments regarding
possible future changes to Public Law 84-99 Rule Making.
Suggested Disposition: Receive and File
14. Acquisition Plat-John F. Kennedy Road and West 32nd Street Right-of-Way
City Manager recommending acceptance of additional right-of-way at the intersection of JFK Road and West 32nd Street
for certain intersection improvements required by agreement with Kivlahan Farms, LLC.
RESOLUTION Approving the Acquisition Plat of Lots A and B of Block 2 of Arbor Estates in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
15. Iowa and Locust Streets Parking Ramps Repair Project Acceptance
City Manager recommending acceptance of the construction contract for the Iowa and Locust Streets Parking Ramps
Repair Project, as completed by Western Waterproofing.
RESOLUTION Accepting the Iowa and Locust Parking Ramp Repair Project and authorizing the payment of the contract
amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
16. Arrowhead Drive Storm Sewer Project Acceptance
City Manager recommending that the completion and acceptance of the Arrowhead Drive Storm Sewer Project as
completed by Top Grade Excavating be officially recorded in the minutes of the City Council.
Suggested Disposition: Receive and File; Make Matter of Record
17. 2015 Access Ramp Installation Project One Award
City Manager recommending that the award for the 2015 Access Ramp Installation Project— Project One to Midwest
Concrete, Inc., be officially recorded in the minutes of the City Council.
Suggested Disposition: Receive and File; Make Matter of Record
18. Urban Deer Management Plan 2015-2016
City Manager recommending approval of the 2015-2016 City of Dubuque Urban Deer Management Plan as approved by
the Environmental Stewardship Commission at their April 7, 2015 meeting.
Suggested Disposition: Receive and File; Approve
19. Dubuque Metropolitan Area Solid Waste Agency
Correspondence from the Dubuque Metropolitan Area Solid Waste Agency (DMASWA) advising the City of the Agency's
Fiscal Year 2016 budget and fee schedule.
Suggested Disposition: Receive and File
20. Dubuque Circles® Initiative Contract with Circles® USA
City Manager recommending authorization for the Mayor to sign the contract with Circles® USA for consulting services for
the Dubuque Circles® chapter.
Suggested Disposition: Receive and File; Approve
21. Mediacom Communications Company
Correspondence from Mediacom Communications Company advising the City of programming changes effective on or
about June 1, 2015.
Suggested Disposition: Receive and File
22. Improvement Contracts / Performance, Payment and Maintenance Bonds
Iowa Erosion Control, Inc. for the 2015 Asbury Road Pavement Rehabilitation Project; Mueller, Inc. for the Fire Station 2
Restroom Remodel; Drew Cook & Sons Excavating Co., Inc. for the SRF Green Alley Project Bid Set 6 -Year 1; Portzen
Construction, Inc. for the SRF Green Alley Project Bid Set 3 -Year 2
Suggested Disposition: Receive and File; Approve
23. Tobacco Compliance— Civil Penalty for Tobacco License Holder— The Great Vape
City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation
for The Great Vape, 3250 Central Avenue.
Suggested Disposition: Receive and File; Approve
24. Alcohol Compliance Civil Penalty for Alcohol License Holder— Pizza Hut
City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation
for Pizza Hut#4691, 320 East 20th Street.
Suggested Disposition: Receive and File; Approve
25. Alcohol and Tobacco License Renewals
City Manager recommending approval of annual liquor, beer, wine and tobacco license applications 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
RESOLUTION Approving applications for retail cigarette/tobacco sales permits, as required by Iowa Code 453A.47A
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. SRF Green Alley Project Bid Set 1 -Year 3
City Manager recommending initiation of the public bidding process for the SRF Green Alley Project Bid Set 1 -Year 3
Project, and further recommends that a public hearing be set for May 18, 2015.
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
RESOLUTION Approving the Plats, Schedule of Assessments and estimate of total cost for the SRF Green Alley Bid
Set 1 -Year 3 Project
RESOLUTION of Necessity for the SRF Green Alley Bid Set 1 -Year 3 Project
RESOLUTION Fixing date of public hearing on Resolution of Necessity
Suggested Disposition:
Receive and File; Adopt Resolution(s), Set Public Hearing for 5/18/15
2. Trinity Affordable Housing Corporation's Purchase of Sheridan Village Apartments
City Manager recommending that a public hearing be set for May 18, 2015 to approve the issuance of tax-exempt
bonds related to Trinity Affordable Housing Corporation's proposed purchase of Sheridan Village Apartments.
Suggested Disposition:
Receive and File; Set Public Hearing for 5/18/15
3. Industrial Center Urban Renewal - Resolution of Necessity
City Manager recommending approval of a Resolution of Necessity that finds that an Amended and Restated Urban
Renewal Plan for the Dubuque Industrial Center Economic Development District is both necessary and appropriate and
sets a public hearing on the proposed amendment for June 1, 2015.
RESOLUTION of Necessity finding that certain areas adjacent to the established Dubuque Industrial Center Economic
Development District meet the definition of an Economic Development Area under the Urban Renewal Law, that
development of said Area Is Necessary In The Interest Of The Residents Of The City Of Dubuque, Iowa, and setting
dates of hearing and consultation on a proposed amendment to the Amended and Restated Urban Renewal Plan for
said District.
Suggested Disposition:
Receive and File; Adopt Resolution(s), Set Public Hearing for 6/1/15
4. Utility Extension to the Dubuque Regional Airport
City Manager recommending initiation of the public bidding process for the Utility Extension to the Dubuque Regional
Airport, and further recommends that a public hearing be set for May 4, 2015.
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 costs; and ordering the advertisement for bids
Suggested Disposition:
Receive and File; Adopt Resolution(s), Set Public Hearing for 5/4/15
5. Tax-Exempt General Obligation Bonds Series 2015
City Manager recommending that a public hearing be set for May 4, 2015, on the proposition of selling not to exceed
$3,000,000 in Tax-Exempt General Obligation Bonds, the proceeds of which will be used to pay the costs of the
settlement of the franchise fee litigation.
RESOLUTION Fixing date for a meeting on the proposition of the issuance of not to exceed $3,000,000 General
Obligation Bonds of the City of Dubuque, State of Iowa (For an Essential Corporate Purpose), and providing for
publication of notice thereof
Suggested Disposition:
Receive and File; Adopt Resolution(s), Set Public Hearing for 5/4/15
6. Sales Tax Increment Revenue Bonds (Flood Mitigation Program)
City Manager recommending that a public hearing be set for May 4, 2015, on the proposition of selling not to exceed
$24,500,000 in Sales Tax Increment Revenue Bonds (Flood Mitigation Program), the proceeds of which will be used to
pay costs of the Bee Branch Watershed Flood Mitigation Project.
RESOLUTION Fixing date for a meeting on the proposition of the issuance of not to exceed $24,500,000 Sales Tax
Increment Revenue Bonds of Dubuque, Iowa, and providing for publication of notice thereof
Suggested Disposition:
Receive and File; Adopt Resolution(s), Set Public Hearing for 5/4/14
BOARDS/COMMISSIONS
1. Appointments to the following Board/Commission to be made at this meeting.
Electrical Code Board
One, 3 Year term through May 21, 2017 (Vacant term of Pfohl)
Applicants:
Zach Dowell, 2055 Winne Ct. (Qualifies as Journeyman/Maintenance)
Andy Palmer, 1865 Rosemont St. (Additional Applicant) (Qualifies as Journeyman/Maintenance)
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. Request to Rezone - 1072 Locust Street
Proof of publication on notice of public hearing to approve a request by Ted Stackis to rezone property located at 1072
Locust Street from OR Office Residential to OC Office Commercial District and the Zoning Advisory Commission
recommending approval.
ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code by
reclassifying hereinafter described property located at 1072 Locust Street from OR Office Residential District to OC
Office Commercial District
Suggested Disposition: Receive and File; Motion B; Motion A
2. Upper Bee Branch Creek Channel, Streets and Utilities Project
Proof of publication on notice of public hearing to consider approval of the plans, specifications, form of contract and
estimated cost for the Upper Bee Branch Creek—Channel, Street and Utilities Project and the City Manager
recommending approval.
Staff will give a presentation.
RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the Upper Bee Branch Creek-
Channel, Streets& Utilities Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
3. Upper Bee Branch Creek Structures Project
Proof of publication on notice of public hearing to consider approval of the plans, specification, form of contract and
estimated cost for the Upper Bee Branch Creek—Structures Project and the City Manager recommending approval.
RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the Upper Bee Branch Creek-
Structures Project
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. SRF Green Alley Project Bid Set 7 -Year 1 Award
City Manager recommending award of the construction contract for the SRF Green Alley Project Bid Set 7-Year 1 to
the low bidder McDermott Excavating.
RESOLUTION Awarding public improvement contract for the SRF Green Alley Bid Set 7 -Year 1 Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
2. Iowa Flood Mitigation Program Amendment No. 1
City Manager recommending adoption of a resolution authorizing an amendment to the Bee Branch Watershed Flood
Mitigation Project, State Flood Mitigation Board Funding Agreement.
RESOLUTION Authorizing the execution of an amendment to the agreement with the State of Iowa Flood Mitigation
Board which authorizes the City's use of Sales Tax Increment Funding for the Bee Branch Watershed Flood Mitigation
Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
3. Code of Ordinances Amendment Title 10 - Parks
City Manager recommending approval an amendment to City of Dubuque Code of Ordinances 10-5134A removing the
word "unleashed" related to prohibiting animals in parks.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 5 Parks and
Recreation, Article B Use Regulations, Section 10-513-4 Dogs, Cats and Other Domestic Animals by correcting the Title
to Subsection A
Suggested Disposition: Receive and File; Motion B; Motion A
4. Code of Ordinances Amendment Title 9 -School Buses Discharging Pupils
City Manager recommending approval of an amendment to City of Dubuque Code of Ordinances Title 9, Chapter 11
School Busses Discharging Pupils to mirror the Iowa Code.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 11 School
Buses to Mirror the State Code
Suggested Disposition: Receive and File; Motion B; Motion A
5. Code of Ordinances Amendment Title 1 -General Penalty for Misdemeanor Violations
City Manager recommending approval to amend City of Dubuque Code of Ordinances Section 1-4-1, General Penalty,
to eliminate imprisonment as a penalty for misdemeanor violations under City Code.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 1 Administration, Chapter 4 General Penalty,
Section 1-4-1 General Penalty by eliminating imprisonment as a penalty for misdemeanor violations
Suggested Disposition: Receive and File; Motion B; Motion A
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