9 21 15 City Council Agenda ROLL CALL ORDER FOR MEETING OF
September 21, 2015
Lynch, Connote, Sutton, Resnick, Bang, Jones, Seel
4 CITY OF DUBUQUE IOWA
41 orW3 CITY COUNCIL MEETING
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RE GUI-AR SESSION
6:30 PM
PLEDGE OF ALLEGIANCE
PROCUM TIONS)
1. Crop Walk Day (OCWber 0, 2015)
CONSENT ITEMS
The consent agenda Items are considered to be routine and noncontroversial and all consent items will be normally voRtl
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.
1. Minutes and Reports Subm ittetl
Arts and Cultural Affairs Advisory Commisslon of 8/25', Library Board of Trustees of 8/27', Zoning Advisory Commission of
92
Suggested DiepoelEon: Receive and File
2. NMice of Claims and Suite
Rick Heston for property dam age Ken Lang for vehicle dam age Stave Ruts for vehicle dam age Aaron Soong for ehlde
damage
Suggested DiepoelEon: Receive and File; Refer W City Attorney
3. Disposition M Claims
City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the
a Com munit es Assurance Pool. J can Heston for property dam age Ken Lang for vehicle dam age Steve RIRz for
vehicle damage; Aamn Strong for vehicle dam age
Suggested DiepoelEon: Receive and File; Concur
0. Assistance to Firefighter's Grant Awmtl and Acceptance
Clry Manager recommending approval of the acceptance of the Assistance to Firefighters Grant award for replacer ent of
the eee¢Ise equipment In all fire stations
Suggested DiepoelEon: Receive and File; Approve
B. Upper Mississippi River-AVital Resource for Regional Economic Prosperity
City Manager submlLng the handout entitled U poor Mississippi River,A Vital Resource for Regional Economic Pmspenty.
Suggested DisposiEon: Receive and File; Make Matter of Record
6. Delta Dental Voluntary Dental Plan
City manager recommending approval of the Delta Dental renewal rates far the plan yearJanuary 1, 2616, through
December81 , 2616.
Suggested DiepoelEon: Receive and File; Approve
7. Hillcrest Family Services Agreement
City Manager recommending approval of an agreement with Hillcrest Family Services to use Murphy Park for Reflections in
the Park.
Suggested Disposition: Receive and File; Approve
8. FY 2015 Consolidated Annual Performance Evaluation Report (CAPER)
City Manager recommending approval of a resolution authoring submission to HUD of the Consolidated Annual
Performance and Evaluation Report (CAPER) for the period of July 1, 2014 through June 30, 2015.
RESOLUTION Authorizing the Submission of a Consolidated Annual Performance and Evaluation Report (CAPER) for the
Period Commencing July 1, 2014 and Concluding June 30, 2015.
Suggested Disposition: Receive and File; Adopt Resolution(s)
9. Iowa Department of Inspections and Appeals Contract
City Manager recommending approval of the Iowa Department of Inspections and Appeals renewal agreement with the City
of Dubuque for performance of food and hotel licensing, inspections and enforcement with respect to retail food
establishments.
Suggested Disposition: Receive and File; Approve
10. Tristate Occupational Health Agreement Amendment
City Manager recommending approval of an Amendment to the Agreement between Tri-State Occupational Health, L.L.C.
for case management services for workers compensation claims and police and fire job related injuries and illnesses.
Suggested Disposition: Receive and File; Approve
11. America's River Corporation Contracted Services Agreement Amendment
City Manager recommending execution of the attached contract with America's River Corporation for Fiscal Year 2016.
Suggested Disposition: Receive and File; Approve
12. Restrictive Covenant-767 University Avenue
City Manager recommending approval of a Resolution attaching a Restrictive Covenant to 767 University Avenue that
requires the property be owner-occupied for 21 years.
RESOLUTION Attaching Single Family Residence Restrictive Covenant, to 767 University Avenue, Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
13. Request for Proposal -30-and 42-Inch Force Main Inspection Project
City Manager recommending approval to issue a Request for Proposals to seek consultants and/or firms to work alongside
the City and coordinate the inspection, emergency response planning and needs assessment for current and future design
changes to the City's 30" and 42" sanitary sewer force mains located between Cedar Street Lift Station and the Water&
Resource Recovery Center.
Suggested Disposition: Receive and File; Approve
14. Acceptance of Grant of Permanent Easement for Storm Sewer-2595 Fulton Street
City Manager recommending acceptance of a Grant of Permanent Easement for Storm Sewer from Andrea and Joel Leach
over a portion of their property at 2595 Fulton Street with the City of Dubuque owning and maintain the new storm sewer
utility.
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)
15. Dubuque Intermodal Transportation Center Sign Request
Historic Preservation Commission recommending approval of the monument style freestanding sign for Jule Transit, Elm
and 9th Street to serve the Dubuque Intermodal Transportation Center.
Suggested Disposition: Receive and File; Approve
16. Cedar Cross Storm Sewer Extension Project Acceptance
City Manager recommending that the award for the Cedar Cross Storm Sewer Extension Project be officially recorded in
the minutes of the City Council.
Suggested Disposition: Receive and File; Make Matter of Record
17. Access Ramp Installation Project- Project Four Acceptance
City Manager recommending that the award for the 2015 Access Ramp Installation Project— Project Four be officially
recorded in the minutes of the City Council.
Suggested Disposition: Receive and File; Make Matter of Record
18. Property Acquisition - McFadden Properties, L.L.P.
City Attorney recommending adoption of a resolution accepting the deed to property owned by McFadden Properties,
L.L.P. in Dubuque County, Iowa
RESOLUTION Accepting the Deed to Certain Real Estate Owned by McFadden Properties, L.L.P. in Dubuque County,
Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
19. Property Acquisition - McFadden Family Partnership, L.L.P.
City Attorney recommending adoption of a resolution accepting the deed to property owned by McFadden Family
Partnership L.L.P. in Dubuque County, Iowa.
RESOLUTION Accepting the Deed to Certain Real Estate Owned by McFadden Family Partnership, L.L.P. in Dubuque
County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
20. Tobacco Compliance— Civil Penalty for Tobacco License Holder— The Konnexion Dubuque
City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation
for The Konnexion, 1099 University Ave.
Suggested Disposition: Receive and File; Approve
21. Alcohol License Applications
City Manager recommending approval of annual beer, liquor 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 1501- 1503 Bluff Street
City Manager recommending that a public hearing be set for October 5, 2015, for the purpose of disposing of City-
owned real property at 1501 - 1503 Bluff Street to Ethan D. and Valerie R. Winn.
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 October 5, 2015
2. Request to Vacate -Sanitary Sewer Easement 3045 Indiana Court
City Manager recommending that a public hearing be set for October 19, 2015, on the disposal of a sanitary sewer
easement across Lot 1 of Indiana Subdivision No. 2 in the City of Dubuque.
RESOLUTION Intent to Vacate and Dispose of City Interest in a Sanitary Sewer Easement Over and Across Lot 1 of
Indiance Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition:
Receive and File; Adopt Resolution(s), Set Public Hearing for October 19, 2015
3. Greater Downtown Urban Renewal District- Urban Renewal Plan Amendment
City Manager recommending adoption of a Resolution of Necessity that finds that an amendment to the Amended and
Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District is both necessary and appropriate,
and sets a public hearing on the proposed amendment for October 19, 2015.
RESOLUTION A Resolution of Necessity Finding That Certain Areas Included Within The Greater Downtown Urban
Renewal District Meet the Definition of a Blighted Area or an Economic Development Area Under the Urban Renewal
Law, and That Development of Said Areas 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
Suggested Disposition:
Receive and File; Adopt Resolution(s), Set Public Hearing for October 19, 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.
Civic Center Advisory Commission
One, 3 year term through June 29, 2016 (Vacant term of Scott)
Applicant:
A. Alanda Gregory, 1560 Iowa St#3
Housing Commission
Two, 3 year terms through August 17, 2018 (Expiring term of Fernandes and Vacant term of Holz)
Applicants:
Anna Fernandes, 2191 Broadlawn
Jill Kedley, 237 Southgate Dr.
Transit Advisory Board
One, 3 year term through July 30, 2016 (Vacant term of Knight)
Applicants:
Joel Lightcap, 1985 Alta Vista St.
Carrie Lohrmann, 1879 Denver Dr. #7B
2. Boards and Commissions Appointments
Appointments to the following commissions to be made at this meeting.
Environmental Stewardship Advisory Commission
One, 3-year term through October 1, 2018 (Expired term of Koch)
Applicant:
David Koch, 1950 Admiral St.
Historic Preservation Commission
Commission requesting current commissioner John Mc Andrews be reassigned to the vacant term of Lawson which has
a residency in the Cathedral District requirement. McAndrews meets requirement thus allowing his current At-Large
term to be filled.
One, 3-year term through July 1, 2017 (Vacant terms of Lawson — Cathedral District
Applicant:
John Mc Andrews, 350 West 1st St. (Qualifies for Cathedral District)
Four, 3-year terms through July 1, 2018 (Vacant terms of Krueger At-Large and Happ-Olson At-Large) (Mc Andrews At-
Large) and (Rapp Old Main District - Interim)
Applicants:
Emily Hilgendorf, 1511 N. Algona St. (Qualifies for At-Large) (Additional Applicant)
Robert Mc Donell, 4050 Peru Rd. (Qualifies for At-Large) (Current Jackson Park District- Interim applying for At-Large)
Susan Price, 653 '/ White St. (Qualifies for At-Large)
D. Joseph Rapp, 27 Locust St. (Old Main District— Interim)
This commission is subject to the State of Iowa Gender Balance Law.
9 Commissioners total; currently 4 males/1 female/4 vacancy
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. Rezoning Request -3275 Pennsylvania Ave
Proof of publication on notice of public hearing to consider a request by Horizon Development Group, Inc. (Applewood
Senior Apartments) to rezone property from R-1 Single Family Residential District to PR Planned Residential District to
permit construction of a 60-unit senior apartment residence and the Zoning Advisory Commission recommending
approval with conditions.
ORDINANCE An Ordinance Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances
by Reclassifying Hereinafter Described Property Located at 3275 Pennsylvania Avenue From R-1 Single-Family
Residential District To PUD Planned Unit Development District With a PR Planned Residential District Designation, and
Adopting a Conceptual Development Plan for Applewood Senior Housing Phase IV
Suggested Disposition: Receive and File; Motion B; Motion A
2. Rezoning Request -412 Loras Blvd
Proof of publication on notice of public hearing to consider a request by Jenk Enterprises, Inc. to rezone property from
OR Office Residential District to OC Office Commercial District to permit a bridal shop and the Zoning Advisory
Commission recommending approval.
ORDINANCE An Ordinance Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code,
by Reclassifying Hereinafter Described Property Located At 412 Loras Boulevard From OR Office Residential District
To OC Office Commercial District
Suggested Disposition: Receive and File; Approve
3. Rezoning Request -468 E. 12th Street
Proof of publication on notice of public hearing to consider a request by M-M&M, LLC to rezone property from Planned
Unit Development with a PC Planned Commercial District designation to MHI Modified Heavy Industrial District and the
Zoning Advisory Commission recommending denial.
ORDINANCE An Ordinance Amending Title 16 of The City of Dubuque Code of Ordinances, Unified Development
Code, by Reclassifying Hereinafter Described Property Located At 468 E. 12th Street From Planned Unit Development,
Historic Millwork District to MHI Modified Heavy Industrial District
Suggested Disposition:
Receive and File; Concur with Denial; or Motion B; Motion A
4. Lake Eleanor Lift Station and Water Main Extension Project
Proof of publication on notice of public hearing to consider the approval of the construction plans, specifications, form of
contract and estimated cost for the lake Eleanor Road Lift Station and Water Main Extension Project and the City
Manager recommending approval.
RESOLUTION Approval of Plans, Specifications, Form of Contract, and Estimated Cost for the Lake Eleanor Lift
Station Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
5. Federal Building Lease - Iowa State University
Proof of publication on notice of public hearing to consider a Lease Agreement between the City of Dubuque and the
Iowa State University in the Historic Federal Building and the City Manager recommending approval.
RESOLUTION Approving the Disposal of an Interest in Real Property Owned by the City of Dubuque by Lease
Between the City of Dubuque, Iowa and Iowa State University of Science and Technology
Suggested Disposition: Receive and File; Adopt Resolution(s)
6. Fiscal Year 2016 First Budget Amendment
Proof of publication on notice of public hearing to approve the first Fiscal Year 2016 Budget Amendment, which amends
the Fiscal Year 2016 budget for City Council actions since the beginning of the fiscal year and includes items which City
Council has expressed support and the City Manager recommending approval.
RESOLUTION A Resolution Amending the Current Budget for the Fiscal Year Ending June 30, 2016.
Suggested Disposition: Receive and File; Adopt Resolution(s)
7. Bunker Hill Golf Course Irrigation Phase 2 Project
Proof of publication on a notice of hearing to consider the approval of the plans, specifications, form of contract and
estimated cost for the Bunker Hill Irrigation Replacement Phase 2 and the City Manager recommending approval .
RESOLUTION Approval of Plans, Specifications, Form of Contract, and Estimated Cost for the Bunker Hill Irrigation
Replacement Phase 2
Suggested Disposition: Receive and File; Adopt Resolution(s)
8. Sale of Property-2525 Windsor Avenue
Proof of publication on the notice of publication to consider sale of 2525 Windsor Avenue to Ted Stackis Construction
and the City Manager recommending approval.
RESOLUTION Disposing of City Interest in Real Property Located at 2525 Windsor Avenue, in the City of Dubuque,
Iowa
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. Sister City Relationships Advisory Commission
Chairperson Dick Landis and members of the Sister City Relationships Advisory Commission to give a brief
presentation of the activities of the Commission.
Suggested Disposition:
Receive and File; Presentation
2. Secondhand Dealer Business License Appeal -Ace Construction, 460 West Locust Street Changed
Mr. Mihalakis, owner of Ace Construction, requests that the City Council review his appeal and that he be heard on
the matter regarding the denial of a Secondhand Dealers Business License for Ace Construction.
Suggested Disposition: Receive and File; Council
3. Name Change Proposal - Multicultural Family Center 1157 Central Avenue Changed
The Dubuque Branch of the NAACP submitting a proposal to rename the Multicultural Family Center located at
1157 Central Avenue to The Ruby Sutton Multicultural Family Center.
Multicultural Family Center Board of Directors submitting correspondence.
Suggested Disposition: Receive and File; Council
4. Consent to Sale and Release Liens of Property -759 Bluff Street
City Manager recommending approval of a resolution approving the Agreement to Release Liens and Consent to
Sale, the Amended and Restated Agreement for Covenants and Restrictions, the Release of Real Estate Mortgage,
and Termination of Notes relating to the sale of 759 Bluff Street by 759 Bluff, LP to Hills and Dales Child
Development Center.
RESOLUTION Approving the Agreement to Release Liens and Consent to Sale Between 759 Bluff, LP and the City
of Dubuque, Iowa, and the Release of Liens by the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution(s)
5. Code of Ordinances Amendment -Chapter 1 Building Codes, Article H Plumbing Code Board
City Manager recommending approval of an ordinance which adds a new Title 2, Chapter 5, Article H, Section 14-
1 H-7 which establishes the Plumbing Code Board and provides for the powers, operation, membership and
meetings.
ORDINANCE -Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1
Building Codes, Article H Plumbing Code by Adopting A New Section 14-1 H-7 Establishing the Plumbing Code
Board and Providing for the Powers, Operation, Membership, and Meetings
Suggested Disposition: Receive and File; Motion B; Motion A
6. Code of Ordinances Amendment -Chapter 2 Long Range Planning Advisory Commission
City Manager recommending approval of an ordinance which adds a new Title 15, Chapter 2 which establishes the
Long Range Planning Advisory Commission and provides for the powers, operation, membership and meetings.
ORDINANCE -Amending City of Dubuque Code of Ordinances Title 15 Planning and Zoning by Repealing Chapter
2 Long Range Planning Advisory Commission and Adopting A Chapter 2 Long Range Planning Advisory
Commission in Lieu Thereof Establishing the Long Range Planning Advisory Commission and Providing for the
Powers, Operation, Membership, and Meetings
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