4 20 15 Clerk's Skeleton Notes and Meeting CallTO: Kevin S. Firnstahl, City Clerk
You are hereby directed to call a Regular Session of the City Council to be
held on Monday, April 20, 2015 at 6:30 PM in the Historic Federal Building for the
purpose of conducting such business that may propertly come before the City
Council.
0,,th
Karla A. Braig, Mayor Pro T'- m
Consent Items: Pages 1-3
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on April 20, 2015 in
the Historic Federal Building, 350 W. 6th Street.
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Present: Mar'Buol (via phone); Mayor Pro Tem Braig; Council Members B ig
VCy9
onnors, Jone(, Lyn h; Resnick, Su 61; City Manager Van Milligen, City Attor ey
Lindahl
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Mayor Pro Tem Braig 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. International City/County Management Association Fellowship Exchange Program
City Manager to welcome and introduce Lieutenant Colonel Greg Ank of Fort Sam,
Houston, Texas.
PROCLAMATION(S)
munity Sys o Caring eekene (A) 24 & 25, 2015) was accepted b
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Anewisawzr7 1/1/17
2. DADuqpe Yo9a Festival We d (May 1-3,,2015) was accepted by
Alkor
3. La,oht r Day (May 4, 2015) as accepte
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CONSENT ITEMS
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1. Minutes and Reports Submitted
City Council Proceedings of 4/6, Civil Service Commission of 4/8, Human Rights
Commission of 3/9; Library Board of Trustees Report of 4/1, Zoning Advisory
Commission of 4/1, Zoning Board of Adjustment of 3/26, Proof of Publication for
City Council Proceedings of March 12 & 16, Proof of Publication for List of Claims and
Summary of Revenues for Month Ending 2/28
Suggested Disposition: Receive and File
2. Notice of Claims and Suits
Robert & Sally Boynton for vehicle damage, Betty Brennan for property damage, David
& Margaret Ehlers for property damage, Thomas Gaul/JC Real Estate for property
damage, Ernesto Gutierrez for vehicle damage, Karen Harrington for property damage,
Harold & Betty Welter for property 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: Betty Brenan for
property damage, Robert & Sally Boynton for vehicle damage, Thomas Gaul/JC Real
Estate for property damage, Ernesto Gutierrez for vehicle damage, Karen Harrington for
property damage, Trigger Happy Tattoo for loss of revenue, Harold and Betty Welter for
property damage
Suggested Disposition: Receive and File; Concur
4. Sustainable Dubuque Community Grant Recommendations
City Manager recommending funding of nine Sustainable Dubuque Community grant
requests as submitted by Sustainable Dubuque Coordinator Cori Burbach and the
Application Review Committee.
Suggested Disposition: Receive and File; Approve
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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 121-15 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)
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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 122-15 Approving an agreement to include certain agricultural land in an
amended Urban Renewal Pian 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
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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 123-15 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 124-15 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.
RESOLUTION 139-15 Authorizing the Arrowhead Drive Storm Sewer Project and
authorizing the payment to the contractor
Suggested Disposition: Receive and File; Make Matter of Record
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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
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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 125-15 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 126-15 Approving applications for retail cigarette/tobacco sales permits,
as required by Iowa Code 453A.47A
Suggested Disposition: Receive and File; Adopt Resolution(s)
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ITEMS SET FOR PUBLIC HEARING
4. Utility Extension to the Dubuque Regional Airport 5/4/15
5. Tax -Exempt General Obligation Bonds Series 2015A 5/4/15
6. Sales Tax Increment Revenue Bonds (Flood Mitigation Program) 5/4/15
1. SRF Green Alley Project Bid Set 1 - Year 3 5/18/15
2. Trinity Affordable Housing Corporation's Purchase of Sheridan Village
Apartments 5/18/15
3. Industrial Center Urban Renewal Economic Development District Amendment
6/1/15
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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 127-15Preliminary 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 128-15 Approving the Plats, Schedule of Assessments and estimate of
total cost for the SRF Green Alley Bid Set 1 - Year 3 Project
RESOLUTION 129-15 Resolution of Necessity for the SRF Green Alley Bid Set 1 - Year
3 Project
RESOLUTION 130-15 Fixing date of public hearing on Resolution of Necessity
Suggested Disposition:
Receive and File; Adopt Resolution(s), Set Public Hearing for 5/18/15
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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.
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RESOLUTION 131,6 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 132-15 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 133-15 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
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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 134-15 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
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BOARDS/COMMISSIONS
1. Appointment to the 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)
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PUBLIC HEARINGS
SUSPEND THE RULES
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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 25-15 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
Suspend the Readings
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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 135-15 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)
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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 136-15 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)
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REINSTATE THE RULES This action limits discussion to the City Council
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ACTION ITEMS
1. SRF Green AIIey Project Bid Set 7 - Year 1 Award
City Manager recommending award of the construction contract for the SRF Green
AIIey Project Bid Set 7- Year 1 to the low bidder McDermott Excavating.
RESOLUTION 137-15 Awarding public improvement contract for the SRF Green AIIey
Bid Set 7 - Year 1 Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
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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 138-15 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)
Yays
Nays
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Resnick
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Buol
Braig
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Connors
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3. Code of Ordinances Amendment Title 10 - Parks
City Manager recommending approval an amendment to City of Dubuque Code of
Ordinances 10 -5B -4A removing the word "unleashed" related to prohibiting animals in
parks.
ORDINANCE 26-15 Amending City of Dubuque Code of Ordinances Title 10 Public
Ways and Property, Chapter 5 Parks and Recreation, Article B Use Regulations,
Section 10-5B-4 Dogs, Cats and Other Domestic Animals by correcting the Title to
Subsection A
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
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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 27-15 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
Suspend the Readings
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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 28-15 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
Suspend the Readings
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COUNCIL MEMBER REPORTS
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PUBLIC INPUT
CLOSED SESSION
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Penl�ng Litigation and Pro erty Acq 'sition — Chapter 21.5(1)(c), -(j) Code of Iowa
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ADJOURNMENT
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