5 18 15 City Council Agenda ROLL CALL ORDER FOR MEETING OF
May 18, 9115
Sutton B21g, Seel, Resnick, Connote, Lynch, Jones
CITY OF DUBUQUE, IOWA
`4V OF Op' CITY COUNCIL MEETING
F 4 \ Historic Federal Building
m 1 C 350 W. 6th Street
0',.. I P May 18, 2015
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Council meemnge are video streamed live and archived atmoomecityoftlubuqueorg/media and on Dubuque's
CityCbannel on the Metliacom cable system at Channel (analog) and 85.2 (digitap.
WORK SESSION
1. 5:15 PM- Parks to People Presentation
REGULAR SESSION
6:30 PM
PLEDGE OF ALLEGIANCE
PROCLAMATION(S)
1. Public Works Week (May 17 -0)
CONSENT ITEMS
The consent agenda Items are considered to be routine and non controversial and all consent items will be normally voDd
upon in a single motion wltlnoutany separate discussion on a particular item If youwoultl like to discuss one of the Consent
Items, please go to tine microphone and be recognized by tine Mayor and statethe item youwoultl like removed from the
Consent Agenda for separate discussion and consideration.
L Minutes and Reports Subm ifted
Civil Service Com mission of 41 Library Board of 41 H um an Right Com mission 413', IJ brary B card N Trustees Report of
423, PabS and Recreation Commisslon 14 14 Zoning Advisory Com misslon of 5 6 Zoning Board of Astern ends of 4
23', Proof of Publication for Clty Council Proceedings of420
Suggested DiepoeiEon: Receive and File
2. hence of Claims and Suite
Claim by Eugene Cliff for property dam age Claim by Bale Larson for property damage; Claim by Mary Lei ckfor property
dam age Claim by Shen Lei for property damage and loss N revenue; Claim by Jenner Meyer far property damage;
Claim by Rodney Mlher for property damage Claim by Stanley Schwartz for property damage;
Suggested DiepoeiEon: Receive and File; Refer W City Attorney
3. Disposition M Claims
City Attorney advising that the following claims have been referred to Public Ertlty Risk Services of Iowa, the agent for the
owes Com munit es Assurance Pool. Eugene Cliff for property damage; Bale Larson for property dam age Mary Lack for
properly dam age Shen Leytem for property damage and loss N revenue; J ennlfer M ever for property dam age Rodney
Mill er for property dam age Stanley S chwartz for property dam age
Suggested DiepoeiEon: Receive and File; Concur
4. Metliacom Comm unicatione C ompary
Correspondence from Mediacom Com in unlcatlons Cornpary advising the City of programming changes effective on or
aboutJune 1 , 2015.
Suggested DiepoeiEon: Receive and File
B. Iowa National Guam Usage Agreement
City Manager recommending approval ofa Usage Agreement with Me Iowa National Guard allowing the Guam to do
training at Roosevelt Park
Suggested Disposition: Receive and File; Approve
6. Quarterly Investment Report
City Manager transmitting the March 31, 2015 Quarterly Investment Report.
Suggested Disposition: Receive and File
7. Workers Compensation Excess Insurance Renewal Fiscal Year 2016
City Manager recommending approval of the renewal rate submitted by current carrier, Safety National, for Fiscal Year
2016 Workers Compensation Excess Insurance.
Suggested Disposition: Receive and File; Approve
8. Workers' Compensation Settlement-Jerome Ben
City Attorney recommending approval of an Agreement of Settlement regarding a workers' compensation claim that was
filed against the City of Dubuque by Jerome Ben
Suggested Disposition: Receive and File; Approve
9. Improvement Contacts/ Performance, Payment and Maintenance Bond
McDermott Excavating for the SRF Green Alley Project Bid Set 7 -Year 1
Suggested Disposition: Receive and File
10. The Jule - Iowa Department of Transportation (IDOT) Fiscal Year 16 Consolidated Funding
Application
City Manager recommending approval of the submittal of the Consolidated Funding Application to the Iowa Department of
Transportation for The Jule's Fiscal Year 2016 annual operating and maintenance allocations, the Lobbying Cost
Certificate, Certificate of Cost Allocation Plan and Authorizing Resolution.
RESOLUTION Public Transit Infrastructure Authorizing Resolution Approval of Grant Application to Iowa DOT for
Consolidated Funding
Suggested Disposition: Receive and File; Adopt Resolution(s)
11. Iowa Department of Transportation (IDOT) Funding Agreement
City Manager recommending approval of a resolution authorizing the Mayor to execute a Funding Agreement with the Iowa
Department of Transportation for a Traffic Safety Improvement Grant to assist with the construction of a proposed
Roundabout at the intersection of Grandview Avenue and Delhi Street.
RESOLUTION Approving a Funding Agreement (2016-Ts-008) With the Iowa Department of Transportation for a Traffic
Safety Improvement Grant to Assist With the Construction of a Proposed Roundabout at the Intersection of Grandview
Avenue and Delhi Street
Suggested Disposition: Receive and File; Adopt Resolution(s)
12. Dubuque Metropolitan Area Transportation Study (DMATS) Grant Application
City Manager recommending authorizing the City of Dubuque to officially submit an application for a Dubuque Metropolitan
Area Transportation Study Grant to assist with funding the preliminary engineering phase for University Avenue "Overlap
Section" between Pennsylvania and Loras Boulevard as part of the East-West Corridor Improvements, which includes three
roundabouts.
RESOLUTION Authorizing the Filing of a Transportation Improvement Program Grant Application with the Dubuque
Metropolitan Area Transportation Study (DMATS) for Funding the Preliminary Engineering Phase for the University Avenue
Overlap Section of the East-West Corridor Study
Suggested Disposition: Receive and File; Adopt Resolution(s)
13. Closeout of Iowa Economic Development Authority(IEDA) Phase 2 Grant for Catfish Creek
Watershed Management Plan
Planning Services Manager Laura Carstens is transmitting documentation for closeout of the Phase 2 Watershed Planning
Grant from the Iowa Economic Development Authority to produce the Catfish Creek Watershed Management Plan.
Suggested Disposition: Receive and File
14. Plat of Survey- Mihalakis Place No. 2
Zoning Advisory Commission recommending approval of the request subject to allowing 16 feet of Lot frontage for Lot 2.
RESOLUTION Approving the Plat of Survey of Lots 1 & 2 of Mihalakis Place No. 2 in City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
15. Platting of Survey-City Property at Curtis Street and Bryant Street
City Manager recommending approval of the Plat of Survey of Lot 1 and Lot 2 of Bonson and Stewart Place in the City of
Dubuque.
RESOLUTION Approving Plat of Survey of Lot 1 and 2 of Bonson and Stewart Place in the City of Dubuque, Dubuque
County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
16. Storm Sewer Easement Acceptance -328 Monroe Street
City Manager recommending acceptance of a permanent easement for storm sewer across a portion of residential property
at 328 Monroe Street.
RESOLUTION Accepting a Grant of Permanent Easement for Storm Sewer Through, Over and Across Part of Lot 43 In
Rebman's Subdivision, in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
17. Utility Easement -Southwest Arterial Project from O'Rourke Farms L.L.C.
City Manager recommending approval and acceptance of permanent and temporary easements from O'Rourke Farms LLC
(Parcel 195) for the Southwest Arterial Project.
RESOLUTION Accepting Grant of Easements Upon Real Estate Owned by O'Rourke Farms, L.L.C. in Dubuque County,
Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
18. Property Acquisition - Parcel 195 from O'Rourke Farms L.L.C. (SW Arterial Project)
City Manager recommending approval and acceptance of the Warranty Deed to certain real estate from O'Rourke Farms
L.L.C. (Parcel 195) for the Southwest Arterial Project.
RESOLUTION Accepting the Deed to Certain Real Estate in Dubuque County, Iowa From O'Rourke Farms, L.L.C.
Suggested Disposition: Receive and File; Adopt Resolution(s)
19. Business License Refund
Request by Dubuque Racing Association, LTD. for a refund of the Alcohol Licenses No. LC0026960 for Mystique Casino
located at 1855 Greyhound Park Dr.
Suggested Disposition: Receive and File; Approve
20. Business License Refund
Request by Road Ranger of Illinois, LLC for a refund of the Alcohol License No. BC0029102 for Road Ranger located at
2175 Central Ave.
Suggested Disposition: Receive and File; Approve
21. Tobacco Compliance -Civil Penalty for Tobacco License Holder -Spencer Gifts
City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation
for Spencer Gifts, 555 John F. Kennedy Unit 25.
Suggested Disposition: Receive and File; Approve
22. Alcohol Compliance -Civil Penalty for Alcohol License Holder - Red Robin
City Manager recommending approval of the Acknowledgment/Settlement Agreement for the alcohol compliance violation
for Red Robin, 2775 NW Arterial.
Suggested Disposition: Receive and File; Approve
23. Alcohol License Renewals
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. Sale of Property at 1598 Washington Street
City Manager recommending that a public hearing be set for June 1, 2015, for the purpose of disposing of City-owned
real estate at 1598 Washington Street to the Community Housing Initiatives, Inc.
RESOLUTION Intent to Dispose of an Interest in City Owned Real Property by Deed to Community Housing Initiatives
and Setting for Public Hearing
Suggested Disposition:
Receive and file; Adopt Resolution(s), Set Public Hearing for June 1, 2015
2. Sale of Property at 1513 Washington Street
City Manager recommending the City Council set a public hearing for June 1, 2015, for the purpose of disposing of City-
owned real property located at 1513 Washington Street to Community Housing Initiatives, Inc..
RESOLUTION Intent to Dispose of an Interest in City Of Dubuque Real Estate, Setting a Time and Place for Hearing
and Providing for the Publication of Notice Thereof
Suggested Disposition:
Receive and File; Adopt Resolution(s), Set Public Hearing for June 1, 2015
3. Sale of Property at 1421 Elm Street
City Manager recommending City Council set a public hearing for June 1, 2015, for the purpose of disposing of City-
owned real estate located at 1421 Elm Street to Jacob G. Robertson.
RESOLUTION Intent to Dispose of an Interest in City of Dubuque Real Estate, Setting a Time and Place for Hearing
and Providing for the Publication of Notice Thereof
Suggested Disposition:
Receive and File; Adopt Resolution(s), Set Public Hearing for June 1, 2015
4. Transit Fixed-Route Service Changes
City Manager recommending the City Council schedule a public hearing for June 15, 2015, on the recommended route
changes in coordination with the opening of the Intermodal Center in August 2015 and the transition from the 6th and
Iowa Street Transfer to the Intermodal as the downtown hub.
RESOLUTION Setting the Date for a Public Hearing on Transit Fixed-Route Service Changes Associated With the
Opening of the Dubuque Intermodal Transportation Center
Suggested Disposition:
Receive and File; Adopt Resolution(s), Set Public Hearing for June 15, 2015
BOARDS/COMMISSIONS
1. Appointments to the following commissions to be made at this meeting.
Electrical Code Board
Two, 3 Year terms through May 21, 2018 (Vacant term of Schmidt and expiring term of Uhlrich)— Electrical background
qualification required
One, 3 Year term through May 21, 2017 (Vacant term Hammel) —Journeyman /Maintenance qualification required
Applicants:
Zach Dowell, 2055 Winne Ct. (Qualifies for both)
Dave Nebel Jr., 2064 Woodrow Dr. (Qualifies for both)
Kevin Pfohl, 1878 Hummingbird Dr. (Qualifies for both)
Paul Uhlrich, 4890 Olympic Heights Rd. (Qualifies for both)
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. Unified Development Code Text Amendment Article 5-21.3 Agricultural District and 8-5.10 Zoning Board of
Adjustment
Proof of publication on notice of public hearing to consider a request by the City of Dubuque to amend the City of
Dubuque Code of Ordinances, Unified Development Code, by amending Article 5-21.3 Agricultural District and 8-5.10
Zoning Board of Adjustment Applications and Procedures to Allow Quarries as a Conditional Use in the AG Agricultural
District and the Zoning Advisory commission recommending approval.
ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by Amending
Article 5-21.3 Agricultural District and 8-5.10 Zoning Board of Adjustment Applications and Procedures to Allow
Quarries as a Conditional Use In The AG Agricultural District
Suggested Disposition: Receive and File; Motion B; Motion A
2. Request to Rezone - Lots 4 & 5 Bies No. 2
Proof of Publication on notice of public hearing to consider a request by Jeffrey and Nicole Imbus to rezone property
from C-3 General Commercial District with conditions to PUD Planned Unit Development to allow for Construction of an
assisted living residential development and Zoning Advisory Commission recommending approval.
Suggested Disposition:
Receive and File; Table
3. SRF Green Alley Project Bid Set 1 Year 3
Proof of Publication on notice of public hearing to consider approval of plans, specifications, form of contract, and
estimated cost and adoption of the Resolution of Necessity and the Preliminary Schedule of Assessments for the SRF
Green Alley Bid Set 1 —Year 3 Project and the City Manager recommending approval.
RESOLUTION Approval of Plans, Specifications, Form of Contract, and Estimated Cost for the SRF Green Alley Bid
Set 1 —Year 3 Project
RESOLUTION With Respect to the Adoption of the Resolution of Necessity Proposed for the SRF Green Alley Bid Set
1 —Year 3 Project
RESOLUTION Approving Schedule of Assessments and Estimate of Total Cost for the SRF Green Alley Bid Set 1 —
Year 3 Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
4. Sale of Property at 2521 Stafford Street
Proof of publication on notice of public hearing to approve a Purchase Agreement and Special Warranty Deed for the
sale of City Owned real estate at 2521 Stafford Street to Sheonna D. Bond and City Manager recommending approval.
RESOLUTION Disposing of City Interest in Real Property Located at 2521 Stafford Street, in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
5. Stormwater Utility Revenue Capital Loan Notes (Iowa Water Pollution Control Works Financing Program)
Proof of publication on notice of public hearing to consider the issuance of not to exceed $34,000,000 Stormwater Utility
Revenue Capital Loan Notes, however, the City intends to issue not over$29,600,000 and the City Manager
recommending approval.
RESOLUTION Instituting Proceedings to Take Additional Action for the Authorization of one or More Loan and
Disbursement Agreements and the Issuance of not to Exceed $34,000,000 Stormwater Utility Revenue Capital Loan
Notes
Suggested Disposition: Receive and File; Adopt Resolution(s)
6. Trinity Affordable Housing Corporation's Purchase of Sheridan Village Apartments
Proof of publication on notice of public hearing to approve the issuance of tax-exempt bonds on Behalf of Trinity
Affordable Housing Corporation, an Illinois Nonprofit Corporation for the proposed project. This approval is required for
compliance with the federal tax laws under the Tax and Equity Fiscal Responsibility Act of 1982 and approval does not
commit any financial obligations on behalf of the City of Dubuque related to the project and the City Manager
recommending approval.
RESOLUTION Approving The Issuance by the Public Finance Authority of Bonds on Behalf of Trinity Affordable
Housing Corporation, an Illinois Nonprofit Corporation
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. Award Upper Bee Branch Creek -Channel, Streets and Utilities
Late
City Manager recommending City Council award the construction contract for the Upper Bee Branch Creek—
Channel, Streets, & Utilities Project to the low bidder, Portzen Construction.
RESOLUTION Awarding Public Improvement Contract for the Upper Bee Branch Creek—Channel, Streets, &
Utilities Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
2. Award Upper Bee Branch Creek -Structures Changed
City Manager recommending award of the construction contract for the Upper Bee Branch Creek—Structures
Project as submitted by the low bidder Tricon General Construction, Inc.
RESOLUTION Awarding Public Improvement Contract for the Upper Bee Branch Creek—Structures Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
3. Award Utility Extension to the Dubuque Regional Airport
City Manager recommending awarding the construction contract for the Utility Extension to the Dubuque Regional
Airport to Miller Trucking & Excavating.
RESOLUTION Awarding Public Improvement Contract for the Utility Extension to the Dubuque Regional Airport
Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
4. Rental License and Inspection Fees Amendment
City Manager recommending amendment to the approved rental property inspection fees that are to be effective
retroactively to April 6, 2015, including doubling the License Fees for units previously operating without a license.
RESOLUTION Approving the Increase in the Structure Fee for the Rental Licensing and Rental Inspection
Program
Suggested Disposition: Receive and File; Adopt Resolution(s)
5. Multicultural Family Center Annual Report
The Multicultural Family Center Board and Acting Director Sarah Petersen will share a presentation of the 2014
Multicultural Family Center Annual Report with the City Council.
Suggested Disposition: Receive and File
6. Bond Purchase Agreement-Sales Tax Increment Revenue Bonds
City Manager recommending approval of the Bond Purchase Agreement and the approval of issuance of Sales
Tax Increment Revenue Bonds (Annual Appropriation Property Tax Supported), Senior Bond Series 2015A.
RESOLUTION Approving the Form and Authorizing Execution of a Bond Purchase Agreement in Connection With
the Issuance of Sales Tax Increment Revenue Bonds (Annual Appropriation Property Tax Supported), Senior
Bond Series 2015A
RESOLUTION Series 2015A Resolution Authorizing and Providing for the Issuance and Securing the Payment of
Sales Tax Increment Revenue Bonds (Annual Appropriation Property Tax Supported), Senior Bond Series 2015A,
by the City of Dubuque Under the Provisions of Chapter 418 of the Code of Iowa, Providing for a Method of
Payment Thereof, and Other Related Matters
Suggested Disposition: Receive and File; Adopt Resolution(s)
7. Housing Choice Voucher Administrative Plan
City Manager recommending approval of the draft Administrative Plan for the Housing Choice Voucher Program
which has been approved by the Resident Advisory Board, the Housing Commission and the U.S. Housing and
Urban Development (HUD) Office of Fair Housing and Equal Opportunity.
Suggested Disposition: Receive and File; Approve
8. Grandview Avenue Flower Gardens
City manager recommending approval of Gwen Kossel and others request to plant and maintain perennials in the
flower beds in the Grandview Avenue and Plymouth Court boulevards.
Suggested Disposition: Receive and File; Approve
9. Code of Ordinances Amendment -Title 10 Public Ways and Property, Chapter 5 Parks and Recreation,
Article B Use Regulations
City Manager recommending repealing Section 10-513-23 related to sledding.
ORDINANCE -Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 5
Parks and Recreation, Article B Use Regulations, by Repealing Section 10-513-23 Sledding and Other Snow
Activities Prohibited
Suggested Disposition: Receive and File; Motion B; Motion A
10. Code of Ordinances Amendment -Title 2 Boards and Commissions, Chapter 3 Investment Oversight
Advisory Commission
City manager recommending approval of an amendment to the City of Dubuque ordinance for the Investment
Oversight Advisory Commission.
ORDINANCE -Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 3
Investment Oversight Advisory Commission, Section 2-3-12 Removal, by Eliminating the Public Hearing
Requirement for Removal of a Commissioner
Suggested Disposition: Receive and File; Motion B; Motion A
11. Code of Ordinances Amendment -Title 2 Boards and Commissions, Chapter 6 Environmental
Stewardship Advisory Commission
City Manager recommending approval of an amendment to the City of Dubuque ordinance for the Environmental
Stewardship Advisory Commission.
ORDINANCE —Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 6
Environmental Stewardship Advisory Commission, Section 2-6-12 Removal, By Eliminating The Public Hearing
Requirement For Removal Of A Commissioner
Suggested Disposition: Receive and File; Motion B; Motion A
12. Code of Ordinances Amendment -Title 2 Boards and Commissions, Chapter 8 Arts and Cultural Affairs
Advisory Commission
City Manager recommending approval of an amendment to the City of Dubuque ordinance for the Arts and
Cultural Affairs Advisory Commission.
ORDINANCE -Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 8 Arts
and Cultural Affairs Advisory Commission, Section 2-8-12 Removal, by Eliminating the Public Hearing
Requirement for Removal of a Commissioner
Suggested Disposition: Receive and File; Motion B; Motion A
13. Code of Ordinances Amendment -Title 5 Transit System, Chapter 1 Transit Advisory Board
City Manager recommending approval of an amendment to the City of Dubuque ordinance for the Transit Advisory
Board.
ORDINANCE -Amending City of Dubuque Code of Ordinances Title 5 Transit System, Chapter 1 Transit Advisory
Board, Section 5-1-12 Removal, by Eliminating the Public Hearing Requirement for Removal of a Member
Suggested Disposition: Receive and File; Motion B; Motion A
14. Code of Ordinances Amendment-Title 14 Building and Development, Chapter 1 Building Codes, Article D
Electrical Code
City Manager recommending approval of an amendment to the City of Dubuque ordinance for the Electrical Code
Board.
ORDINANCE -Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1
Building Codes, Article D Electrical Code, Section 14-1D-3 Electrical Code Board, by Eliminating the Public
Hearing Requirement for Removal of a Member
Suggested Disposition: Receive and File; Motion B; Motion A
15. Code of Ordinances Amendment -Title 6 Health, Housing, Sanitation and Environment, Chapter 6 Housing
Regulations
City Manager recommending approval of an amendment to the City of Dubuque ordinance for the Housing Code
Appeals Board.
ORDINANCE -Amending City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation and
Environment, Chapter 6 Housing Regulations, Section 6-6-8 Housing Code Appeals Board, by Eliminating the
Public Hearing Requirement for Removal of a Commissioner
Suggested Disposition: Receive and File; Motion B; Motion A
16. Request for Work Session -Voluntary Compliance Agreement (VCA)Action Plan
City Manager recommending a work session be scheduled for Monday, June 15, 2015 at 5:15 PM to review the
Analysis of Impediments and Voluntary Compliance Agreement (VCA) Action Plan.
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 to Chapter 21.5(1)(c),-(j) Code of Iowa
ADJOURNMENT