8 17 15 Clerk's Skeleton NotesCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on August 17, 2015 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor pdol; Council Members B aig Co ors, Jorit Ly‘, Resnick, S ton;
City Manager Van MMilligen, City Attorney indahl
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Mayor Buol 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
PROCLAMATION(S)
1. W Icome,Biack Students Weeks (August 17-2) was accepted by
2. Driv- The Gr -at River Road Month (September) was accepted by
CONSENT ITEMS
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1. Minutes and Reports Submitted
Cable TV Commission of 6-3; Civic Center Commission of 7/27; Library Board of Trustees of
7-23; Historic Preservation Commission of 7-16; Zoning Advisory Commission of 8/5; Zoning
Board of Adjustments of 7/23; Proof of Publication for City Council Proceedings of 7-20; Proof
of Publication for City Council Proceedings of 8-3
Suggested Disposition: Receive and File
2. Notice of Claims and Suits
Claim by Applewood III (Horizon) for property damage; Claim by Brandy Breitsprecker for
property damage; Claim by Trisha Federspiel for vehicle damage; Claim by Sheryl Helling for
vehicle damage; Claim by Sisters of the Visitation for vehicle 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: Applewood III for
property damage; Brandy Breitsprecker for property damage; Trisha Federspiel for vehicle
damage; Sheryl Helling for vehicle damage.
Suggested Disposition: Receive and File; Concur
4. Iowa Finance Authority (IFA) Grant - Matching Funds Request
City Manager recommending approval to commit funds from the North Cascade TIF FY 2016
receipts as a match to the Iowa Finance Authority (IFA) grant from the State Housing Trust
Funds.
RESOLUTION No. 272-15 Approving Commitment of Matching Funds for an Application to
the Iowa Finance Authority (IFA) for State Housing Trust Funds
Suggested Disposition: Receive and File; Adopt Resolution(s)
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5. Bard Materials - Grant of Temporary Construction Access Easement
City Manager recommending acceptance of a temporary construction access easement from
Bard Materials to construct a sanitary sewer interceptor as part of the Bee Branch Creek
Project Contract #7 Railroad Sewer Crossing Project in Lot 1-2 and Lot 2A Kerper Industrial
Park.
RESOLUTION No. 273-15 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
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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 No. 274-15 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 No. 275-15 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 No. 276-15 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 No. 277-15 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)
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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 No. 278-15 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 No. 279-15 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 No. 280-15 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
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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 No. 281-15 Accepting a Grant of Easement for Storm Sewer Over and Across
LOT 2 of LOT 2 Of LOT 2 of the W 1/2 of the NW '/ of Section 27; and LOT 2 of LOT 1 of LOT
2 of the NE ® of the NE IA of Section 28, All in Township 89 North, Range 2 East of the 5th
P.M., in the itypf .uque, Iowa
Sugg ted 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
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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 No. 282-15 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
Suggested Disposition: Receive and File; Adopt Resolution(s)
ITEMS SET FOR PUBLIC HEARING
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
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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 No. 283-15 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
Boards and Commission Applicant Review
1. 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)
2. Housing Trust Fund Advisory Committee
One, 3 year term through August 17, 2018 (Vacant term of Holz)
Applicant:
Jim Holz, 3010 Indiana Court
3. 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
Boards and Commissions Appointments
Appointments to the following commissions to be made at this meeting.
4. 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 Hoverman 155,,�
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t. Apt 1 (additional applicant
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5. Long Range Planning Advisory Commission
One, 3 -year term through July 1, 2017 (Vacant term of Beytien)
Applicant:
Mark Dolson, 54 Alpine St.
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SUSPEND THE RULES
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PUBLIC HEARINGS
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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 No. 284-15 Disposing of an interest in real property by easement to Burlington
Stage Lines, LTD.
Suggested Disposition: Receive and File; Adopt Resolution(s)
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Final Reading and Adopt
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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 No.P-15 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
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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 recommendin• approval.
RESOLUTION No. -15 Disposing Of City Interest in Real Property Located At 396 W.
Locust Street, In The City Of Dubuque, Iowa
RESOLUTION No.2.8'6-15 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)
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REINSTATE THE RULES
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ACTION ITEMS
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
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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 No. A5 Amending Title 16 of the City of Dubuque Code of Ordinances,
Unified Developmh t 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; M ie•rrBM ie -A
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Final Reading and Adopt
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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 No. 287-15 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)
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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
RESOLUTION No. 288-15 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)
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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
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6. SRF Green AIIey Project Bid Set 3 - Year 3 Award
City Manager recommending award of the construction contract to the low bidder, Portzen
Construction, Inc.
RESOLUTION No. 289-15 Awarding Public Improvement Contract for the SRF Green AIIey
Bid Set 3 — Year 3 Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
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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 No. 290-15 Awarding Public Improvement Contract for the Iowa 32 Hike -Bike
Trail - Phase 4 & 5 Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
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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 No. 291-15 Approving the Acquisition of Real Estate Owned by Patricia M.
Chamberlain, in the City Of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution(s)
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Final Reading and Adopt
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9. Code of Ordinances Amendment - Title 16 Zoning Board of Adjustment
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 No.g15 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
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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
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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
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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
J. CLOSED SESSION p.m.
Pending Litigation and Prop1erty Acquisition Pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa
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K. ADJOURNMENT
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TO: Kevin S. Firnstahl, City Clerk
You are hereby directed to call a Regular Session of the City Council to be
held on Monday, August 17, 2015 at 6:30 PM in the Historic Federal Building for
the purpose of conducting such business that may properly come before the City
Council.
oy D. Buol, Mayor
Consent Items: Pages 1-4