8 17 15 City Council Agenda ROLL CALL ORDER FOR MEETING OF
August 17, 2015
Sutton B21g, Lynch, Jones, Bull, Connote, Resnick
CITY OF DUBUQUE IOWA
`4V OF OpCITY COUNCIL MEETING
t ,\ Historic Federal Building
C 350 W 6[b Street
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Council meemnge are video streamed live and archived at voomeci[yoftlubuqueorg/media and on Dubuque's
CM1yCbannel on the Metliacom cable system at Channel (analog) and 85.2 (digitap.
RE GUI-AR SESSION
6:30 PM
PLEDGE OF ALLEGIANCE
PROCUM TIONS)
1. Welcome Back Students Weeks (August 1748)
2. Dave The Great River Road Moth (Septem her)
CONSENT ITEMS
The consent agenda Items are considered to be Future and noncontroversial and all consent items will be normally voRtl
upon In a single motion wltlhoutany separate discussion on a particular item If youwoultl like to discuss one of the Consent
Items, please go to the microphone and be recognized by the Mayor and statethe item youwould like removed from the
Consent Agenda for separate discussion and consideration.
1. Minutes and Reports Subm ifted
Cable TV Commission of 6 3 Civic Center Commission of 7/27, Library Board of Trustees of]-23 Historic Preservation
Com misslon of]-i 6 Zoning Advisory Com mission of 8/5', Zoning Board of Ad farm ends of 7/233, Proof of Philippi on for
City Council P mceedings of 720 Proof of Publication for City Council Proceedings of 83
Suggested DiepoeiEon: Receive and File
2. hence of Claims and Suite
Claim by Applewood III (H onion)for property dam age Claim by Brandy Brel6precker for property dam age; Claim by
Trisha Federspiel for vehicie damage; Claim by Sheryl Helling for vehicle damage; Caim by Sisters of the Visitation for
vehicle damage.
Suggested DiepoeiEon: Receive and File; Refer W City Attorney
3. Disposition M Claims
CH Attorney advising that the following claims have been reforms to Public Entity Risk Services of Iowa the agent for the
CommunNes Assurance Pool. Applewood III for property dam age Brandy BreAsprecker for property damage; Trisha
Federspiel for vehicle dam age Sheryl Helling for vehicle dam age
Suggested DiepoeiEon: Receive and File; Concur
0. Iowa Finance Authority (IFA) Grant- Matching Funds Request
CH Manager recommending approval to commttM ca
it tom Me NOCascade TIF Fm
' 2616 receipts as such to the
Finance Authority (IFA) granttom Me State Housing Trust Funtls.
RESOLUTION Approving Com Firm ent of Matching Funds for an Application to the Iowa Finance Authority (IFA) for State
Housing Trust Funds
Suggested DiepoeiEon: Receive and File; Adopt Resolution(e)
B. Bud Materials -Grant M Tem Foray Construction Access Easement
City Manager recommending acceptance of temporary constrnNon access easement from Bard Materals to constructa
sanitary sewer Interceptor as part of the B ee B ranch Creek Pro ect Contract#7 Rall mad Sewer Crossing P roject In Lot 1-2
and Lot 2A Kerper Industrial Park.
RESOLUTION Accepting a Temporary Construction Access Easement for Sanitary Sewer Interceptor Through, Over and
Across Part of Lot 1-2 and Lot 2A Kerper Industrial Park, in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
6. City Assessor's Office Notification of Tax Appeals
Correspondence from City Assessor Rick Engelken that provides additional information to the notification of property tax
appeals that appeared on the August 3, 2015 Agenda.
Suggested Disposition: Receive and File
7. ITC Midwest Easement Agreement-2849 White Street
City Manager recommending approval of an easement agreement with ITC Midwest for electric transmission line
maintenance work at 2849 White Street.
Suggested Disposition: Receive and File; Approve
8. Trailhead Energy Contract
City Manager recommending approval of the execution of a contract with Trailhead Energy to complete work related to
Dubuque's competition as one of 52 semi-finalists for the Georgetown University Energy Prize.
Suggested Disposition: Receive and File; Approve
9. U.S. Department of Housing and Urban Development Contract -Continuum of Care Special Needs
Assistance Program
City Manager recommending approval of the execution of the contract with the U.S. Department of Housing and Urban
Development for administration of the Continuum of Care Special Needs Assistance Program (formerly Shelter Plus Care).
Suggested Disposition: Receive and File; Approve
10. Reimbursement Resolution -Creek Wood Park
City Manager recommending approval of a reimbursement resolution to serve as"official intent"to reimburse the project
expenditures for the Creek Wood Park Development Project, as required under the federal tax-exempt bond regulation.
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 Creek Wood Park Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
11. Final Plat -Schlosser Place
Zoning Advisory Commission recommending approval of the request subject to waiving the Lot frontage requirement for Lot
3 and Lot area for Lots 1 and 3.
RESOLUTION Approving the Final Plat of Schlosser Place in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
12. Pre-Annexation Agreement -Thomas & Judith Priebe
City Manager recommending approval of a Pre-Annexation Agreement with Thomas J. and Judith J. Priebe, for property
located at 14928 Old Highway Road.
RESOLUTION Approving a Pre-Annexation Agreement Between the City of Dubuque, Iowa and Thomas J. And Judith J.
Priebe
Suggested Disposition: Receive and File; Adopt Resolution(s)
13. Pre-Annexation Agreement -Joseph & Enid Wysocki
City Manager recommending approval of a Pre-Annexation Agreement with Joseph A. and Enid E. Wysocki, for property
located at 14946 Old Highway Road.
RESOLUTION Approving a Pre-Annexation Agreement Between the City of Dubuque, Iowa and Joseph A. and Enid E.
Wysocki
Suggested Disposition: Receive and File; Adopt Resolution(s)
14. Acceptance of Grant of Easement - M-M&M, LLC
City Manager recommending acceptance of a Grant of Sanitary Sewer Force Main Easement through, over and across
property owned by Phil Mihilakis of M-M&M LLC at 468 East 12th Street.
RESOLUTION Accepting a Grant of Easement for Sanitary Sewer Force Main Through, Over And Across Part of Lot 501
and the East 404' of Outlot 501, in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
15. Upper Bee Branch Creek Restoration Project -429 Rhomberg Stabilization Project
City Manager recommending approval of a resolution to correct the retainage amount for the acceptance of the
construction contract for the 429 Rhomberg Building Stabilization Project.
RESOLUTION Rescinding Resolution 219-15 and Accepting the 429 Rhomberg Demolition and Building Stabilization
Project and Authorizing the Payment to the Contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
16. Iowa Department of Transportation (IDOT) Traffic Safety Improvement Grant -Northwest Arterial and
Pennsylvania Avenue Right Turn Lane Improvement
City Manager recommending approval of a resolution authorizing the filing of an application with the Iowa Department of
Transportation for Traffic Safety Improvement Program Funding for the Northwest Arterial and Pennsylvania Avenue right
turn lane improvement.
RESOLUTION Authorizing the Filing of a Grant Application With the Iowa Department of Transportation for Traffic Safety
Improvements Funding for the City of Dubuque NW Arterial and Pennsylvania Avenue Right Turn Lane Improvement
Suggested Disposition: Receive and File; Adopt Resolution(s)
17. Childhood Lead Poisoning Prevention Programs Contracts
City Manager recommending approval of a contract with the Dubuque County Board of Health and the Iowa Department of
Public Health for continued funding of the Childhood Lead Poisoning Prevention Program, a renewed agreement with the
Visiting Nurse Association for services related to the Childhood Lead Poisoning Prevention Program and Health Homes
Program, and an agreement with the Iowa Department of Public Health for data sharing.
Suggested Disposition: Receive and File; Approve
18. Halle Properties LLC—Grant of Sanitary Sewer, Sidewalk and Storm Sewer Easement
City Manager recommending acceptance of the Grant of Sanitary Sewer and Sidewalk Easement and Grant of Storm
Sewer Easement from Halle Properties LLC for existing utilities across their property on John F. Kennedy Road (formerly
the Long John Silver's restaurant site).
RESOLUTION Accepting a Grant of Easement for Storm Sewer Over and Across LOT 2 of LOT 2 Of LOT 2 of the W'/ of
the NW'/a of Section 27; and LOT 2 of LOT 1 of LOT 2 of the NE '/a of the NE '/a of Section 28, All in Township 89 North,
Range 2 East of the 5th P.M., in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
19. Public, Educational, and Government (PEG) Capital Expenditure Request- Dubuque Community
Schools District
City Manager recommending approval of the Cable TV Commission recommendation for funding from the Public,
Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities for Dubuque Community Schools
for a variety of production equipment, including a camcorder, tripod, portable lighting system, microphones and a
teleprompter system to be used to produce programming for its educational access channel.
Suggested Disposition: Receive and File; Approve
20. Grand River Center Digital Display Replacement
City Manager recommending replacement of 35 digital displays at the Grand River Center, subject to a future budget
amendment.
Suggested Disposition: Receive and File; Approve
21. Tobacco Compliance— Civil Penalty for Tobacco License Holder— Family Mart
City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation
for Family Mart, 3201 Central Avenue.
Suggested Disposition: Receive and File; Approve
22. Tobacco Compliance— Civil Penalty for Tobacco License Holder— Ron's Discount Smokes &
Beverage Center#1
City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation
for Ron's Discount Smokes & Beverage Center#1, 3300 Asbury Road.
Suggested Disposition: Receive and File; Approve
23. Alcohol Compliance Civil Penalty for Alcohol License Holder– Family Mart
City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation
for Family Mart, 3201 Central Avenue
Suggested Disposition: Receive and File; Approve
24. Alcohol Compliance Civil Penalty for Alcohol License Holder– Ron's Discount Smokes & Beverage
Center#1
City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation
for Ron's Discount Smokes & Beverage Center#1, 3300 Asbury Road.
Suggested Disposition: Receive and File; Approve
25. 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. Upper Bee Branch Creek Restoration Project, Upper Bee Branch Creek Mississippi River Trail (MRT), Iowa DOT
Project No. SB-IA-2100(675)-7T-31
City Manager recommending approval of the preliminary plans, specifications, form of contract for the Upper Bee
Branch Creek Mississippi River Trail Project and setting September 8, 2015 as the date of public hearing.
RESOLUTION Upper Bee Branch Creek Mississippi River Trail (MRT) Iowa DOT Project No. SB-IA-2100(675)-7T-31
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
Suggested Disposition:
Receive and File; Adopt Resolution(s), Set Public Hearing for September 8, 2015
BOARDS/COMMISSIONS
1. Boards and Commission 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 meeting.
Arts and Cultural Affairs Advisory Commission
One, 3-year term through June 30, 2018 (Vacant term of Henkels)
Applicant:
Matthew Gregory, 1560 Iowa St. Unit 3 (Qualifies for Business Professional in the cultural and entertainment district)
Housing Trust Fund Advisory Committee
One, 3 year term through August 17, 2018 (Vacant term of Holz)
Applicant:
Jim Holz, 3010 Indiana Court
Human Right Commission
One, 3-year term through January 1, 2016 (Vacant term of Lenhart)
Applicants:
Sarah Fisher, 3045 Kaufmann
R.R.S. Stewart, 460 Summit St.
This commission is subject to the State of Iowa Gender Balance Law.
9 Commissioners total; currently 4 males/4 female/1 vacancy
2. Boards and Commissions Appointments
Appointments to the following commissions to be made at this meeting.
Cable Television Commission
One, 3-year term through July 1, 2017 (Vacant term of Stevens)
One, 3-year term through July 1, 2018 (Expired term of Hoverman)
Applicants:
Mark Dolson, 54 Alpine St.
Sr. Carl Hoverman, 1555 White St. Apt 1 (additional applicant)
Long Range Planning Advisory Commission
One, 3-year term through July 1, 2017 (Vacant term of Beytien)
Applicant:
Mark Dolson, 54 Alpine St.
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. Burlington Trailways Lease Agreement
Proof of publication on notice of public hearing to approve a lease agreement with Burlington Trailways at the
Intermodal Transit Facility and the City Manager recommending approval.
RESOLUTION Disposing of an interest in real property by easement to Burlington Stage Lines, LTD.
Suggested Disposition: Receive and File; Adopt Resolution(s)
2. Rezoning Request -900 Seippel Road
Proof of publication on notice of public hearing to consider a request by JLD Investments, LLC to modify the zoning
condition applied to the property located at 900 Seippel Road regarding fencing and the City Manager recommending
approval.
ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
Reclassifying Hereinafter Described Property Located at 900 Seippel Road From CSc Commercial Service and
Wholesale District With Conditions to CSc Commercial Service and Wholesale District With Conditions as Established
in the Attached Memorandum of Agreement
Suggested Disposition: Receive and File; Motion B; Motion A
3. Sale of Property-Weaver Castle, LLC /396 W. Locust Street
Proof of publication on the sale of 396 W. Locust Street to Weaver Castle LLC and the City Manager
recommending approval.
RESOLUTION Disposing Of City Interest in Real Property Located At 396 W. Locust Street, In The City Of Dubuque,
Iowa
RESOLUTION Attaching Single Family Residence Restrictive Covenant, Whether Owner Occupied or Single Family
Rental, To 396 W. Locust Street, Dubuque, IA
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. Arts and Culture Master Plan Update
Verbal Update from Arts and Culture Master Plan Consultants, Brad King and Priya Sicar of Lord Cultural
Resources
Suggested Disposition: Receive and File
2. Text Amendment -Residential Freestanding Solar Arrays (3nd Reading)
Request by the City of Dubuque to amend the Unified Development Code to establish procedures for the review of
new freestanding solar arrays and the Zoning Advisory Commission recommending approval.
Planning Services Manager transmitting additional information.
ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
Amending Articles 16-5-2-2 (R-1), 16-5-3-2 (R-2) 16-5-4.3 (R-2A), 16-5-5.3 (R-3) and 16-5-6.3 (R-4), 16-5-7.3
(OR) and 16-5-9.3 (OC) to establish maximum area and height requirements for residential freestanding solar
arrays
Suggested Disposition: Receive and File; Motion B; Motion A
3. Catfish Creek Watershed Management Plan
City Manager recommending adoption of the Catfish Creek Watershed Management Plan as a policy document to
be considered when establishing and updating City regulations, policies and programs that reduce flood risk,
improve water quality, and educate people about watershed stewardship.
RESOLUTION Adopting Catfish Creek Watershed Management Plan
The full 316-page Catfish Creek Watershed Management Plan can be viewed on the City of Dubuque's website
at http://www.cityofdubuque.org/2247/Catfish-Creek-Watershed-Management-Plan
Suggested Disposition: Receive and File; Adopt Resolution(s)
4. State of Iowa Water Resource Restoration Sponsored Project Program Funding Agreement-Catfish Creek
Watershed Authority Board
City Manager recommending authorization for the Mayor to execute the agreement with the Catfish Creek
Watershed Authority for the purpose of expending funds in State of Iowa Water Resource Restoration Sponsored
Project program funding approved for improvements within the Catfish Creek Watershed in accordance with the
Catfish Creek Watershed Management Plan.
RESOLUTION Approving the Agreement Between the Catfish Creek Watershed Authority and the City of
Dubuque, Iowa for SRF Water Resource Restoration Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
5. Skate Park Evaluation and Conceptual Design Consultant Selection
City Manager recommending approval of the selection of Pillar Design Studios as the consultant for the Skate
Park Evaluation and Conceptual Design Project
Suggested Disposition: Receive and File; Approve
6. SRF Green Alley Project Bid Set 3 -Year 3 Award
City Manager recommending award of the construction contract to the low bidder, Portzen Construction, Inc.
RESOLUTION Awarding Public Improvement Contract for the SRF Green Alley Bid Set 3—Year 3 Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
7. Iowa 32 Hike-Bike Trail Phase 4 and 5 Project Award
City Manager recommending the award of the construction contract to the low bidder, Drew Cook & Sons
Excavating Co., Inc.
RESOLUTION Awarding Public Improvement Contract for the Iowa 32 Hike-Bike Trail - Phase 4 & 5 Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
8. Bee Branch Creek Restoration Project Property Acquisition -2450 Washington St and 2442 -2446
Washington St.
City Manager recommending acquisition of 2450 Washington Street and 2442 -2446 Washington Street for the
Bee Branch Creek Restoration Project and for expansion of Comiskey Park.
RESOLUTION Approving the Acquisition of Real Estate Owned by Patricia M. Chamberlain, in the City Of
Dubuque
Suggested Disposition: Receive and File; Adopt Resolution(s)
9. Code of Ordinances Amendment -Title 16 Zoning Board of Adjustment Changed
City Manager recommending approval of an ordinance which adds a new Section 16-8-1 which establishes the
Zoning Board of Adjustment and provides for the powers, operation, membership and meetings.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 16 Unified Development Code, Chapter 8
Zoning Board of Adjustment Applications by Repealing Section 16-8-1 Zoning Board of Adjustment and Adopting
a New Section 16-8-1 Zoning Board of Adjustment in Lieu Thereof Establishing the Zoning Board of Adjustment,
Providing for the Powers, Operation, Membership, and Meetings
Suggested Disposition: Receive and File; Motion B; Motion A
10. Public, Educational, and Government (PEG) Capital Expenditure Request-City of Dubuque
City Manager recommending approval of the Cable TV Commission recommendation for funding from the Public,
Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities for the City of Dubuque to
purchase a drone to capture aerial video and still images of City projects and initiatives.
Suggested Disposition: Receive and File; Approve
11. Request for Work Session - Inclusive Dubuque
City Manager requesting that the City Council schedule a Quarterly Inclusive Dubuque Work Session for
November 2, 2015 at 5:00 pm
Suggested Disposition: Receive and File; Council
12. Request to Schedule Tour of Intermodal Transit Facility and Reschedule Quarterly Sustainable Dubuque
Work Session
City Manager requesting that the City Council reschedule the Quarterly Sustainable Dubuque Work Session to
Monday, October 5 at 5:00 p.m. City Manager further requests council approval to schedule a 30 minute walking
tour of the Intermodal Facility on Tuesday, September 8 at 5:30 p.m. (the original date scheduled for the Quarterly
Sustainable Dubuque Work Session).
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 Pursuant to Chapter 21.5(1)(c), -Q) Code of Iowa
ADJOURNMENT