9 21 15 Clerk's Skeleton Notes and Meeting CallCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on September 21, 2015 in
the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Pro -Tem Sutton; Council Members Br Cors, Jories, Lynch, Resnick;
kir-City . nager-V -MTIfigen, City Attorne - Lindahl
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Absent: Mayor Roy D. Buol
Mayor Pro -Tem Sutton 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. Crop Walk Day (October 4, 2015) was accepted by
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CONSENT ITEMS
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1. Minutes and Reports Submitted
Arts and Cultural Affairs Advisory Commission of 8/25; Library Board of Trustees of 8/27; Zoning
Advisory Commission of 9/2
Suggested Disposition: Receive and File
2. Notice of Claims and Suits
Rick Heston for property damage; Ken Lang for vehicle damage; Stave Rutz for vehicle damage;
Aaron Strong 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: Joan Heston for property damage; Ken.
Lang for vehicle damage; Steve Rutz for vehicle damage; Aaron Strong for vehicle damage.
Suggested Disposition: Receive and File; Concur
4. Assistance to Firefighter's Grant Award and Acceptance
City Manager recommending approval of the acceptance of the Assistance to Firefighter's Grant
award for replacement of the exercise equipment in all fire stations.
Suggested Disposition: Receive and File; Approve
5. Upper Mississippi River - A Vital Resource for Regional Economic Prosperity
City Manager submitting the handout entitled Upper Mississippi River, A Vital Resource for Regional
Economic Prosperity.
Suggested Disposition: Receive and File; Make Matter of Record
6. Delta Dental Voluntary Dental Plan
City manager recommending approval of the Delta Dental renewal rates for the plan year January 1,
2016, through December 31, 2016.
Suggested Disposition: Receive and File; Approve
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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 316-15 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
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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 317-15 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 318-15 Accepting a Grant of Easement for Storm Sewer Over and Across Lot 2 of Lot
2 Of Lot 2 of the W'/z of the NW'/ of Section 27; and Lot 2 of Lot 1 of Lot 2 of The NE 1/4 of the NE 1/4
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
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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 319-15 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 320-15 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 321-15 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)
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ITEMS SET FOR PUBLIC HEARING
1. Sale of Property at 1501- 1503 Bluff Street
2. Request to Vacate - Sanitary Sewer Easement 3045 Indiana Court
3. Greater Downtown Urban Renewal District - Urban Renewal Plan Amendment
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10-19-15
10-19-15
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 322-15 Resolution of 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 323-15 Resolution of 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 324-15 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
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BOARDS/COMMISSIONS
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.
1. Civic Center Advisory Commission
One, 3 year term through June 29, 2016 (Vacant term of Scott)
Applicant:
A. Alanda Gregory, 1560 Iowa St #3
2. 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.
3. Transit Advisory Board
One, 3 year term through July 30, 2016 (Vacant term of Knight)
Applicants:
Joel Lightcap, 1985 Alta Vista St. 04-
Carrie
ir Carrie Lohrmann, 1879 Denver Dr. #7B
Boards and Commissions Appointments
Appointments to the following commissions to be made at this meeting.
1. Environmental Stewardship Advisory Commission
One, 3 -year term through October 1, 2018 (Expired term of Koch)
Applicant:
1. David Koch, 1950 Admiral St.
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2. 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. Mc Andrews 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:
1. John Mc Andrews, 350 West 1st St. (Qualifies for Cathedral District)
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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:
,- 1. Emily Hilgendorf, 1511 N. Algona St. (Qualifies for At -Large) (Additional Applicant)
,- 2. Robert Mc Donell, 4050 Peru Rd. (Qualifies for At -Large) (Current Jackson Park District -
Interim applying for At -Large)
3. Susan Price, 653 1/2 White St. (Qualifies for At -Large)
4. 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
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PUBLIC HEARINGS
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 58-15 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
Suspend the Readings
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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 59-15 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 00 Office Commercial District
Suggested Disposition: Receive and File;,Apprsve
Suspend the Readings
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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 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 arndileConcur with Denial; r Motion B; Motion A
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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 325-15 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)
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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 326-15 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)
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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. iirer
RESOLUTION 327-15 Amending the Current Budget for the Fiscal Year Ending June 30, 2016.
Suggested Disposition: Receive and File; Adopt Resolution(s)
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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 328-15 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)
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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 329-15 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)
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ACTION ITEMS
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
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2. Secondhand Dealer Business License Appeal - Ace Construction, 460 West Locust Street
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; ouncil
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3. Name Change Proposal - Multicultural Family Center 1157 Central Avenue
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 and the Multicultural
Family Center Board of Directors submitting correspondence showing support.
Suggested Disposition: Receive and File; Geer -reit
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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 330-15 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)
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5. Code of Ordinances Amendment - Chapter/Building Codes, Article H Plumbing Code
Board
City Manager recommending approval of an ordinance which adds a new Titl e , Chapte Article H,
Section 14-1 H-7 which establishes the Plumbing Code Board and provides for the powers, operation,
membership and meetings.
ORDINANCE 61-15 Amending City of Dubuque Code of Ordinances Title Building and
Development, Chapter 1 Building Codes, Article H Plumbing Code by Adopting A New Section 14-1H-
7 Establishing the PI .ing Code Board and Providing for the Powers, Operation, Membership, and
Meetings
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
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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 62-15 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
Suspend the Readings
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COUNCIL MEMBER REPORTS
K. CLOSED SESSION
p.m.
Pen ng Litigation and Property, cquisition- Chapter 21.5(1)(c), -(j) Code of Iowa
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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, September 21, 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.
7,/
Lynn°V. Sutton, Mayor Pro Tem
Consent Items: Pages 1-3