10 19 15 City Council Agenda ROLL CALL ORDER FOR MEETING OF
October 19, 2015
Jones, Seel, Resnick, Su tial Lynch, Bralg, Connors
CITY OF DUBUQUE, IOWA
`4V CFy4' CITY COUNCIL MEETING
F4 \ Historic Federal Building
mart 1 C 350 W. 6th Street
0''.. � 13^ October 19, 2015
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Council meemngs are video streamed live and archived at wanv.cityoftlubuqueorg/media and on Dubuque's
CityCbannel on Me Med acorn cable system at Channel (analog) and 85.2 (digitap.
WORK SESSION
1. 5:00 PINI Enhanced Neighborhood Support
REGULAR SESSION
6:30 PM
PLEDGE OF ALLEGIANCE
PROCLAMATION(S)
1. Hunger and Homelessness Awareness Month (November2015)
2. Mississippi River Cita and Towns lnitiabve
CONSENT ITEMS
The consent agenda Items are considered to be routine and noncontroversial and all consent items will be normally voDd
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 sb@tlte item youwould like removed from the
Consent Agenda for separate discussion and consideration.
L Minutes and Reports Subm it[ed
Cable TV Commisslon of 8/5', City Council Proceedings of 10/5', CI VII Service Com mission of 9/10', Human Rights
Commission of 9/14, 9/16 Library Board of Trustees of 8/18, C27, IJbary Board of Trustees Council Update of 9/24',
Zoning A Wlsaw Commisslon of 10/7', Zoning Board of Adjustment of 9/24 Pmet of Pnet cation for City Council
Proceedings of 9/21 Pard of Publication for B ell nquent Water, Sewer, Refuse and Sthrmwater Collection Accounts of
9/18, 9/25
Suggested Dispositon: Receive and File
2. Notice of Claims and Suits
Joshua Canon for deeamatonTaassmenn, Joyce Hammlll for personal InJury/preper ,damage
Suggested Dispositon: Receive and File; Reter W City Attorney
3. Disposition M Claims
CH Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the
Com Purities Assurance Pool J whua Canon for defamaton; Joyce Hammitt for personal injury/property damage
Suggested Dispositon: Receive and File; Concur
4. 9114 Water Fluondaton Quality Award
Correspondence from Bob Russell of the Iowa Department of Public H walyd informing the Cry that the Centers for Biswase
Control and Prevention has awarded the Cry of Dubuque water system with the 2014 Water El Jordanian Duality Award.
Suggested Dispositon: Receive and File
B. Sustainable Dubuque Com runty Grant Recomm entl#ions
City Manager recommending approval of grant requestom the Sustainable Dubuque Community Grant program.
Suggested Dispositon: Receive and File; Approve
6. Lead Hazard Control Grant Agreement
City Manager recommending approval of a resolution authorizing the Mayor to sign a Lead Hazard Control Grant
Agreement with the U.S. Department of Housing and Urban Development for the program performance period beginning
November 2, 2015 and ending October 31, 2018.
RESOLUTION Authorizing execution of a Lead Hazard Control Grant Agreement with the U.S. Department of Housing and
Urban Development.
Suggested Disposition: Receive and File; Adopt Resolution(s)
7. Mississippi River Watershed Report Card
City Manager transmitting information from America's Watershed Initiative regarding the Mississippi River watershed.
Suggested Disposition: Receive and File
8. Yard Lighting Initiative
City Manager recommending approval of changes to the Yard Lighting Initiative that provides a match to property owners
who install either front-yard or rear-yard lighting that improves lighting levels on sidewalks and alleys.
Suggested Disposition: Receive and File; Approve
9. EB Lyons Recreation Area Expansion Project Acceptance
City Manager recommending acceptance of the construction contract for the EB Lyons interpretive Area Expansion Project,
as completed by Portzen Construction, Inc.
RESOLUTION Accepting the EB Lyons Interpretive Area Expansion Project and authorizing the payment of the contract
amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
10. Asbury Road Pavement Rehabilitation Project Acceptance
City Manager recommending acceptance of the public improvement construction contract for the 2015 Asbury Road
Pavement Rehabilitation Project as completed by Iowa Erosion Control, Inc.
RESOLUTION Accepting the 2015 Asbury Road Pavement Rehabilitation Project and authorizing the payment of the
contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
11. Miller Riverview Parking Pad Project Acceptance
City Manager recommending acceptance of the public improvement construction contract for the Miller Riverview Park—
Concrete Pads Project, as completed by Midwest Concrete, Inc.
RESOLUTION Accepting the Miller Riverview Park- Concrete Pads Project and authorizing the payment to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
12. East Central Intergovernmental Association (ECIA)-5th Amendment to CDBG Grant Administration
City Manager recommending approval of Amendment #5 to East Central Intergovernmental Association's (ECIA) Contract
for Administrative Services for the Linseed Oil Building portion of the City's Community Development Block Grant (CDBG)
contract#08-DRH-212.
RESOLUTION Approving Amendment#5 to the contract with East Central Intergovernmental Association for Grant
Administration of CDBG Contract#08-DRH-212 with the Iowa Economic Development Authority
Suggested Disposition: Receive and File; Adopt Resolution(s)
13. Grant of Permanent Easement and Agreement -Bus Shelter at St. Mary's Apartments
City Manager recommending approval of an Easement Agreement and accept of the Grant of Easement from St. Mary's
Apartments of Dubuque, LLC, 2955 Kaufmann Avenue, to facilitate the construction and on-going maintenance of bus
shelters at that location.
RESOLUTION Approval of an Agreement and accepting a Grant of Permanent Easement for a bus shelter located at St.
Mary's Apartments of Dubuque, 2955 Kaufmann Avenue, in Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
14. Development Agreement Amendment- 1576-1580 Locust Street/Weaver Castle, LLC
City Manager recommending approval of the First Amendment to Development Agreement with Weaver Castle, LLC which
extends the completion date for the redevelopment of the property at 1576-1578-1580 Locust Street to December 31, 2015.
RESOLUTION Approving the First Amendment to the Development Agreement between the City of Dubuque, Iowa and
Weaver Castle, LLC
Suggested Disposition: Receive and File; Adopt Resolution(s)
15. Development Agreement Amendment-346348 W. Locust Street/Weaver Castle, LLC
City Manager recommending approval of the Second Amendment to Development Agreement with Weaver Castle, LLC
which extends the completion date for the redevelopment of the property at 346-348 West Locust Street to December 31,
2016.
RESOLUTION Approving the Second Amendment to the Development Agreement between the City of Dubuque, Iowa and
Weaver Castle, LLC
Suggested Disposition: Receive and File; Adopt Resolution(s)
16. Release of Mortgage - 1500 Radford Road
City Manager recommending approval of a resolution authorizing the Mayor to sign the Release of Real Estate Mortgage.
RESOLUTION Approving a Release of Mortgage by the City of Dubuque, Iowa on the property at 1500 Radford Road
owned by Kevin F. Freiburger and Lee Ann Freiburger (Precision Tool & Engineering, Inc.)
Suggested Disposition: Receive and File; Adopt Resolution(s)
17. Timber Hyrst Subdivision No. 4 -Storm Water Detention Facility and Storm Water Impoundment
Easement Acceptance
City Manager recommending acceptance of a Grant of Storm Water Detention Facility and Storm Water Impoundment
Easement from North Cascade Road Developers LLC as part of the Timber-Hyrst Estates No. 4 over-detention project.
RESOLUTION Accepting a Grant of Storm Water Detention Facility and Storm Water Impoundment Easement through,
over and across parts of Lot H, Lot 91, Lot 98 and Lot 99 of Timber-Hyrst Estates No. 4, in the City of Dubuque, Dubuque
County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
18. Civil Service Commission
Civil Service Commission submitting the Certified Lists for the positions of Accountant, Equipment Operator I, Equipment
Operator II, and Sanitation Driver.
Suggested Disposition: Receive and File; Make Matter of Record
19. PEG Capital Grant Expenditure Request
City Manager recommending approval of the Cable TV Commission recommendations for funding from the Public,
Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities for the City of Dubuque to
purchase a new HD on-air playback server and a new on-air graphics bulletin board service.
Suggested Disposition: Receive and File; Approve
20. Declaration of Official Intent to Reimburse Expenses Relating to Certain Fiscal Year 2016 Bond Projects
City Manager recommending approval of the Declaration of Official Intent Resolution for Fiscal Year 2016 capital projects
that are funded by an upcoming bond issuance in February 2016 allowing the City to reimburse itself from bond proceeds
for expenditures incurred prior to the actual sale of the bonds.
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 Fiscal Year 2016 Projects
Suggested Disposition: Receive and File; Adopt Resolution(s)
21. Canadian Pacific Railroad Tip Towers Installation
Communication from Canadian Pacific Railroad advising the City of its plan to install five, 40-foot tip towers within the
railroad's right-of-way inside the City limits.
Suggested Disposition:
Receive and File; Refer to Planning Services
22. Pre-Annexation Agreement -Spiegel Family Realty Company Iowa, LLC
City Manager recommending approval of the Spiegel Family Realty Company Iowa, LLC Pre-Annexation Agreement in
conjunction with the request for approval of the Final Plat of Silver Oaks No. 2 in Dubuque County.
RESOLUTION Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa, and Spiegel Family Realty
Company Iowa, LLC
Suggested Disposition: Receive and File; Adopt Resolution(s)
23. Parking Division Position Reclassification
City Manager recommending approval to create one additional Parking System Technician and eliminating one Parking
Meter Serviceworker I position in the Parking Division.
Suggested Disposition: Receive and File; Approve
24. Alcohol and Tobacco License Applications
City Manager recommending approval of annual liquor, beer, wine and tobacco license applications 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
RESOLUTION Approving applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa Code
453A.47A
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. Bee Branch Creek Basin Overlook and 22nd Street Parking Lot Project
City Manager recommending approval of the plans, specifications, form of contract and the estimated cost for the Bee
Branch Creek— Basin Overlook and 22nd Street Parking Lot Project and setting November 2, 2015 as the date for
public hearing.
RESOLUTION Bee Branch Creek - Basin Overlook & 22nd Street Parking Lot Project, Iowa DOT Project NO. TAP-U-
2100(683)--81-31
Suggested Disposition:
Receive and File; Adopt Resolution(s), Set Public Hearing for 11/2/15
2. Sale of Property-767 University Avenue
City Manager recommending setting a public hearing for November 2, 2015 on the proposed sale of the City lot located
at 767 University Avenue to Habitat for Humanity.
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 thereof
Suggested Disposition:
Receive and File; Adopt Resolution(s), Set Public Hearing for 11/2/15
3. Sale of Property- 1849 Jackson Street
City Manager recommending setting a public hearing for November 2, 2015 on the proposed sale of a lot located at
1849 Jackson Street to Community Housing Initiatives.
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 11/2/15
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. University of Dubuque Institutional District ID Amendment
Proof of publication on notice of public hearing to consider a request by the University of Dubuque to amend ID
Institutional District to construct an addition to Mercer Birmingham Hall on the McCormick Street Extension and the
Zoning Advisory Commission recommending approval.
ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by providing
for the approval of an Amended Campus Development Plan for the University of Dubuque to allow construction of an
addition to Mercer Birmingham Hall.
Suggested Disposition: Receive and File; Motion B; Motion A
2. Request to Rezone -3507 Keystone Drive
Proof of publication on notice of public hearing to consider a by Jason and Kim Meyer to rezone property located at
3507 Keystone Drive from R-1 Single-Family Residential District to R-3 Moderate Density Multi-Family Residential
District and the Zoning Advisory Commission recommending:
- Denial of the R-3 Moderate Density Multi-Family Residential District; and
-Approval of the R-2 Two-Family Residential District
ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property located at 3507 Keystone Drive from R-1 Single-Family Residential District
to R-3 Moderate Density Multi-Family District.
ORDINANCE Amending Title 16 of the City of Dubuque Code Of Ordinances, Unified Development Code, by
reclassifying hereinafter described property located at 3507 Keystone Drive from R-1 Single-Family Residential District
to R-2 Two-Multi-Family Residential District.
Suggested Disposition: Receive and File; Motion B; Motion A
3. Request to Rezone - 1660, 1670 and 1690 University Avenue
Proof of publication on notice of public hearing to consider a request by Thomas Tiefenthaler to rezone property located
at 1660, 1670, and 1690 University Avenue from R-2 Two-Family Residential District to C-2 Neighborhood Shopping
Center District and the Zoning Advisory Commission recommending approval.
ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property located at 1660, 1670, and 1690 University Avenue From R-2 Two-Family
Residential District to C-2 Neighborhood Shopping Center District
Suggested Disposition:
Receive and File; Motion B; Motion A (Super Majority Required)
4. Request to Vacate -Sanitary Sewer Easement 3045 Indiana Court
Proof of publication on notice of public hearing to consider disposal of a sanitary sewer easement across Lot 1 of
Indiana Subdivision No. 2 in the City of Dubuque, 3045 Indiana Court, and the City Manager recommending approval.
RESOLUTION Disposing of City interest in a portion of a Sanitary Sewer Easement over and across Lot 1 of Indiana
Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
5. Sewershed 7 & 10 Manhole Replacement Project
Proof of publication on notice of public hearing to consider approval of plan, specifications, form of contract, and
estimated cost for the Sewershed 7 &10 Manhole Replacement project and the City Manager recommending approval.
RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the 2015 Sewershed 7 & 10
Manhole Replacement Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
6. Greater Downtown Urban Renewal District- Urban Renewal Plan Amendment
Proof of publication on notice of public hearing to consider an amendment to the Amended and Restated Urban
Renewal Plan for the Greater Downtown Urban Renewal District and the City Manager recommending approval.
RESOLUTION Approving the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal
District
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. Bunker Hill Irrigation Project Phase 2 Award
City Manager recommending award of the contract for the Bunker Hill Irrigation Replacement Project Phase 2 to the low
bidder Leibold Irrigation, Inc.
RESOLUTION Awarding the public improvement contract for the Bunker Hill Golf Course Irrigation Project Phase 2
Suggested Disposition: Receive and File; Adopt Resolution(s)
2. Code of Ordinances Amendment-Title 2 Civic Center Commission
City Manager recommending approval of an ordinance which adds a new Title 2, Chapter 4 which establishes the Civic
Center Advisory Commission and provides for the powers, operation, membership and meetings.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions by repealing Chapter 4
Civic Center Advisory Commission and adopting a new Chapter 4 Civic Center Advisory Commission in lieu thereof
establishing the Civic Center Advisory Commission and providing for the powers, operations, membership and
meetings
Suggested Disposition: Receive and File; Motion B; Motion A
3. Code of Ordinances Amendment-Title 2 Housing Commission
City Manager recommending approval of an ordinance which adds a new Title 2, Chapter 5, Article B which establishes
the Housing Commission and provides for the powers, operation, membership and meetings.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 5 Housing
Agency and Community Development Commissions by repealing Article B Housing Commission and adopting a new
Article B Housing Commission in lieu thereof establishing the Housing Commission and providing for the powers,
operation, membership, and meetings
Suggested Disposition: Receive and File; Motion B; Motion A
4. National League of Cities Voting Delegates
Correspondence from the National League of Cities requesting that the City designate a voting delegate and alternate
voting delegate for the upcoming National League of Cities Annual Business meeting on November 7, 2015.
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 —Chapter 21.5(1)(c), -Q) Code of Iowa
ADJOURNMENT