11 16 15 City Council Agenda ROLL CALL ORDER FOR MEETING OF
November 16,2015
Lynch, Jones, Sutton, Connors, Seel, Resnick, B21g
CITY OF DUBUQUE, IOWA
`4V OF F EpCITY COUNCIL MEETING 4 c Historic Federal BuiltlingStreetmnc 1 C350 W. 6th Street
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Council meemngs are video streamed live and archived at wanv.cityoftlubuqueorg/media and on Dubuque's
CityChannel on the Med acorn cable system at Channel (analog) and 85.2 (digitap.
WORK SESSION
1. 5:30 PM- Project HOPE
RE GU AR SESSION
6:30 PM
PLEDGE OF ALLEGIANCE
PRESENTATIONS)
1. Iowa Legislator of the Year 9115 -Award Presentation W Senator Pam gotten
Award presentation by the Iowa League of Cities Government Affairs and Legislative Counsel Robert Palm erto Iowa
Senator and Iowa Senate President Pam Jocbum.
2. Caradco Building Receives Tony Goltlm an Award
CaaOm auumgq/Gmnen Restoration and Me Cry of Dubuque receiving the Tony Goldman Award from Me National
Trust for IT stort Preservation and National Trust Communlry IrNest mentCorpoation.
CONSENT ITEMS
The consent agenda Items are considered to be Future and noncontroversial and all consent items will be normally voRd
upon in a single motion wltlhoutany separate discussion on a particular item If youwould like to discuss one of the Consent
Items, please go to the microphone and be recognized by the Mayor and sb@tihe item you would like removed from the
Consent Agenda for separate discussion and consideration.
1. Minutes and Reports Subm itted
City Council Proceedings of 11/2', CIVII Service Commisslon of 11/15, Five Flags CIVIc Center Com mi salon of 1 N26
ovestment Oversight Advisory Commisslon of 1 C28, ubary Board of Trustees 19/24 Long Range Planning Advisory
Com mission of 10/21 Zoning Advisory Com missl on of 11/5 Proof of publication for City Council P mceedings of 10/19,
Proof of publication for Delinquent Water, Sewer, Refuse& Smnmwater Collection Accounts for 10/17, 1 N24
Suggested DisposiEon: Receive and File
2. hence of Claims and Suits
Nick and Sarah Ryan for property damage; Betty Tlgges for financial Toss; Thomas J. Mi her City of Dubuque for
personal Injury
Suggested DisposiEon: 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
owes Communities Assurance Pool. N Ick Ryan for property damage.
Suggested DisposiEon: Receive and File; Concur
4. 9116 State Legislative Priontes
CH Manager submLung the 2015 State of Iowa Legislative Phort es for adoption and presentation to legislators at the
annual Legislative Dinner on November 23, 2015.
Suggested DisposiEon: Receive and File; Approve
5. Vacant Properties: The True Costs to Communities
City Manager transmitting information from the National Vacant Properties Campaign.
Suggested Disposition: Receive and File
6. Iowa Department of Transportation Title VI Assurances and Title VI Non-discrimination Agreement
City Manager recommending approval of an updated Title VI Assurances and Title VI Nondiscrimination Agreement
between the Iowa Department of Transportation and the City of Dubuque related to the City's receipt of federal aid funding.
Suggested Disposition: Receive and File; Approve
7. Purchase of Twin Ridge Water, Inc.
City Manager recommending acceptance of the Warranty Deed and Quit Claim Deed to two parcels of property the City of
Dubuque gained title to as part of the Twin Ridge Asset Purchase Agreement and the Offer to Buy Real Estate and
Acceptance by and between the City and the Grace M. Mueller Revocable Family Trust and the Raymond M. Mueller
Irrevocable Family Trust. It is further recommended that the City Council approve a lease that was a term and exhibit in the
Asset Purchase Agreement, and the Offer to Buy, and the City's consent to a restriction on the well parcel that the City
acquired ownership to as part of the Asset Purchase Agreement.
RESOLUTION Accepting the Warranty Deed to certain real estate in Dubuque County, Iowa and the Quit Claim Deed to
certain real estate in Dubuque County, Iowa, and approving other supporting documents related to the Asset Purchase
Agreement for the sale and transfer of existing assets by and between the City of Dubuque, Iowa and Twin Ridge Water,
Inc., in Dubuque County, Iowa and the Offer to Buy and Acceptance for the acquisition of real estate owned by the Grace
M. Mueller Revocable Family Trust and Raymond M. Mueller Irrevocable Family Trust in Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
8. Southgate Lift Station
City Manager recommending approval of a resolution accepting the grant of easement for sanitary sewer lift station and the
dedication of the sewage lift station, sanitary force main, and gravity sanitary sewer known as the Southgate Lift Station, as
required by the Asset Purchase Agreement by and between the City of Dubuque and Twin Ridge Water, Inc.
RESOLUTION Accepting the sewage lift station, sanitary sewer force main, and gravity sanitary sewer located in
Southgate Center Addition and accepting the Grant of Easement through, under, and across the balance of Lot A
Southgate Center Second Addition the maintenance of the sewage lift station and piping located in the balance of Lot A
Southgate Center Second Addition
Suggested Disposition: Receive and File; Adopt Resolution(s)
Changed
9. Acceptance 610 Wilbur Street Deconstruction Project
City Manager recommending acceptance of the construction contract for the building deconstruction at 610 Wilbur Street
that was completed by D.F. Excavating, LLC in the amount of$21,480 as part of the Wilbur Street Retaining Wall and
Embankment Stabilization Project.
RESOLUTION Accepting the Building Deconstruction at 610 Wilbur Street Project and authorizing the payment of the
contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
10. Stoltz Street Retaining Wall Project Acceptance
City Manager recommending acceptance of the construction contract for the Stoltz Street Retaining Wall Repair Project as
completed by W.C. Stewart.
RESOLUTION Accepting the Stoltz Street Retaining Wall Repair Project and authorizing the payment of the contract
amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
11. Acceptance of Permanent Easement for Storm Sewer Utility from Padre Pio Health Care Center, Inc.
City Manager recommending acceptance of a permanent easement for storm sewer across property owned by Pio Health
Care Center, Inc., located at 1001 Assisi Drive.
RESOLUTION Accepting a Grant of Permanent Easement for Storm Sewer Utility through, over and across part of Lot 3-1
of Block 7 in Phase 1 of Stone Hill Community Subdivision No. 1, in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
12. Canadian Pacific Railroad -CP Positive Train Control Infrastructure
City Manager transmitting staffs response to the Canadian Pacific Railroad regarding its CP Positive Train Control
Infrastructure (tip towers) installations.
Suggested Disposition: Receive and File
13. Creative Risk Solutions as Subrogee of Scott Estal vs. City of Dubuque
City Attorney recommending approval of a Settlement in the case of Creative Risk Solutions as Subrogee of Scott Estal vs.
City of Dubuque subject to receiving a satisfactory release.
Suggested Disposition: Receive and File; Approve
14. HUD National Disaster Resiliency Competition Submission
City Manager recommending approval to submit a Phase II application to the US Department of Housing and Urban
Development National Disaster Resilience Competition.
Suggested Disposition: Receive and File; Approve
15. Employer Mandate Reporting Services Agreement
City Manager recommending approval of an agreement with Cottingham & Butler Insurance Services to prepare and file the
required Internal Revenue Service forms 1094-C and 1095-C on behalf of the City associated with the Patient Protection
and Affordable Care Act beginning in 2016.
Suggested Disposition: Receive and File; Approve
16. Fiscal Year 2015 Iowa Urban Renewal Annual Report
City Manager recommending approval of the Fiscal Year 2015 State Urban Renewal Annual Report.
RESOLUTION Approving the Fiscal Year 2015 Urban Renewal Report for the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution(s)
17. Quarterly Investment Report for September 30, 2015
City Manager transmitting the Quarterly Investment Report for September 30, 2015.
Suggested Disposition: Receive and File
18. Property Acquisition -501 E. 15th Street Amendment to Purchase Agreement
City Manager recommending approval of an amendment to the purchase agreement for the acquisition of 501 E. 15th
Street for the Bee Branch Creek Restoration Project.
RESOLUTION Amending the Purchase Agreement for the Acquisition of Real Estate owned by Blum Properties, Inc., in
the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution(s)
19. Proposed Housing Choice Voucher/Section 8 Administrative Plan Changes
City Manager approval of two changes to the Housing Choice Voucher/Section 8 Administrative Plan related to increasing
the voucher unit size and adjusting the standards on fair market rents.
Suggested Disposition: Receive and File; Approve
20. Response to Mr. Daniel Boots
City Manager transmitting a response to Daniel Boots regarding his request for information on affirmatively furthering fair
housing.
Suggested Disposition: Receive and File
21. 2013 IRS Audit
City Manager transmitting correspondence from the Internal Revenue Service - Tax Exempt and Government Entities
Division reporting no changes to the City's reported tax.
Suggested Disposition: Receive and File
22. Citizen Petition -Isborn Avenue
Residents of Isborn Avenue submitting a petition requesting the City consider constructing a cul de sac at the end of the
street.
Suggested Disposition: Receive and File; Refer to City Manager
23. Civil Service Commission
Civil Service Commission submitting the Certified List for the position of Accountant.
Suggested Disposition: Receive and File; Make Matter of Record
24. Appeal of Claim by Frank Vlach
Correspondence from Frank Vlach appealing denial of his claim against the City for vehicle damage.
Suggested Disposition: Receive and File; Refer to City Attorney
25. Alcohol and Tobacco License Renewals
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)
BOARDS/COMMISSIONS
1. Boards and Commissions Appointment
Appointments to the following commissions to be made at this meeting.
Housing Commission
One, 3 year term through August 17, 2018 (Vacant At-Large term of Foster)
Applicant:
Nicolas Hobson, 1592 Locust St. (Qualifies for At-Large)
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. Request to Rezone - Northwest Corner of Asbury Road and Evergreen Drive
Proof of Publication on notice of public hearing to consider a request from Julie Cheung and Alex Fursou to rezone
property at the northwest corner of Asbury Road and Evergreen Drive from R-1 Single-Family Residential District to R-2
Two-Family Residential 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 the northwest corner of Asbury Road and Evergreen Drive from
R-1 Single-Family Residential District to R-2 Two-Family Residential District
Suggested Disposition:
Receive and File; Motion B; Motion A; Super Majority Requirement
2. Request to rezone - Northwest Corner of University Avenue and Alta Vista Street
Proof of publication on notice of public hearing to consider a request from MV Residential Development, LLC to rezone
property at the Northwest corner of University Avenue and Alta Vista from R-2 Two-Family Residential District to OR
Office Residential 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 the northwest corner of University Avenue and Alta Vista Street
from R-2 Two-Family Residential District to OR Office Residential District
Suggested Disposition: Receive and File; Motion B; Motion A
3. 2015 SCADA Manhole Installation Project
Proof of publication on notice of public hearing to approve the plans, specifications, form of contract, and estimated cost
for the 2015 SCADA Manhole Installation Project and the City Manager recommending approval.
RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the 2015 SCADA (Flow
Metering Stations) Manhole Installation Project
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. Five Flags Center Annual Report Presentation
Five Flags Center Manager Joyce White of SMG to make a presentation on the current fiscal year activities and
future plans for the Five Flags Center.
Suggested Disposition:
Receive and File; Presentation
2. English Ridge Housing Urban Renewal Area -Correction of Legal Description Within Urban Renewal Plan
City Manager recommending approval of a modification to the resolution and ordinance correcting the legal
description for the English Ridge Housing Urban Renewal Plan.
RESOLUTION Amending Resolution No. 38-15 which approved the English Ridge Housing Urban Renewal Area
by substituting a new Attachment D to correct the legal description for the English Ridge Housing Urban Renewal
District
ORDINANCE Amending Ordinance No. 68-15 Approving the Urban Renewal Plan for the English Ridge Housing
Urban Renewal Area to correct the legal description contained in the Ordinance and the Urban Renewal Plan for
the English Ridge Housing Urban Renewal Area
Suggested Disposition:
1) Receive and File; Adopt Resolution(s); 2) Receive and File; Motion B; Motion A
3. Derby Grange, LLC -Agreement for Development of Property
City Manager recommending approval of the Agreement with Derby Grange, LLC for the development of property
at the northwest corner of John F. Kennedy Road and Derby Grange Road.
RESOLUTION Approving an Agreement between the City of Dubuque, Iowa and Derby Grant, LLC, for the
development of property at the northwest corner of John F. Kennedy Road and Derby Grange Road
Suggested Disposition: Receive and File; Adopt Resolution(s)
4. Derby Grange, LLC - Pre-Annexation Agreement Changed
City Manager recommending approval of the Derby Grange, LLC Pre-Annexation Agreement and covenants for
property located at the northwest corner of John F. Kennedy Road and Derby Grange Road, in accordance with
the City of Dubuque's Fringe Area Development Standards.
RESOLUTION Approving a Pre-Annexation Agreement, Covenant Pertaining to Water Service, and Covenant
Assessment of Costs of Improvements between the City of Dubuque, Iowa and Derby Grange, LLC
Suggested Disposition: Receive and File; Adopt Resolution(s)
5. REAP Grant Agreement with IDNR- Eagle Point Park
City Manager recommending approval of the Fiscal Year 2016 REAP Grant Agreement with the Iowa Department
of Natural Resources for the Eagle Point Park Environmental Restoration Project.
RESOLUTION Authorizing REAP Grant Agreement with Iowa Department of Natural Resources for Eagle Point
Park Environmental Restoration Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
6. Lange Estate Urban Revitalization Area Designation
City Manager recommending approval of a petition for Urban Revitalization Area Designation from Horizon for a
60 unit affordable senior housing development at 3275 Pennsylvania Avenue titled Applewood IV.
RESOLUTION Finding that the designation of the Lange Estate Urban Revitalization Plan is necessary to
encourage needed housing and residential development providing safe, affordable housing for the residents of the
City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
7. Marquette Hall- Petition for Urban Revitalization Designation
City Manager recommending approval of a petition for Urban Revitalization Area Designation from Cohen-Esrey
Affordable Partners for the former Sacred Heart Elementary School, being called Marquette Hall, at 2222 Queen
Street.
RESOLUTION Find that the designation of the Marquette Hall Urban Revitalization Plan is necessary in the
interest of the public health, safety, and welfare of the residents of the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
8. Paragon Square -Urban Revitalization District Designation Petition
City Manager recommending approval of a petition for Urban Revitalization Area Designation from Frantz
Community Investors for the Paragon Square Urban Revitalization District.
RESOLUTION Finding that the designation of the Paragon Square Urban Revitalization Plan is necessary for
rehabilitation and conservation of the hereinafter described property and Urban Revitalization Area is necessary in
the interests of the public health, safety, and welfare of the residents of the City
Suggested Disposition: Receive and File; Adopt Resolution(s)
9. University Lofts - Petition for Urban Revitalization Designation
City Manager recommending recommends approval of a petition for Urban Revitalization Area Designation from
MV Residential Development for the University Lofts Urban Revitalization Area District.
RESOLUTION Finding that the designation of the University Lofts Urban Revitalization Plan is necessary to
encourage needed housing and residential development providing safe, affordable housing for the residents of the
City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution(s)
10. City Attorney's Office
City Attorney submitting a proposal for future staffing in the City Attorney's Office.
Suggested Disposition: Receive and File; Council
11. Request for Work Session on Source of Income Update
City Manager requesting a work session with the City Council on December 21, 2015 at 5:15 p.m. to discuss the
Source of Income process.
Suggested Disposition: Receive and File; Council
12. Request to Schedule Work Session on Community Engagement
City Manager requesting a work session with the City Council on February 1, 2016 at 5:00 p.m. to provide an
update on Community Engagement.
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