9 3 13 City Council AgendaROLL CALL ORDER FOR MEETING OF 9/32013
Brag, Buol, Connors, Jones, Lynch, Resnick, Sutton
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
Historic Federal Building
350 W. fith Street
September 3, 2013
Council meetings are video streamed live and archived at
www.citvofdubuuue.orq /media and on Dubuque's CityChannel on the
Mediacom cable system at Channel8 (analog) and 85.2 (digitop.
WORK SESSION
5:00 PM
Human Rights Department
Hum an Rights Department Work Session -MW Memo Staff Memo
REGULAR SESSION
6:30 PM
PLEDGE OF ALLEGIANCE
PROCLAMATION(S)
1. Anti-Bullying Awareness Day (September 14, 2013)
Anti - Bullying Day Proclamation,
2. Dubuque Oktoberfest Day (September 14, 2013)
Oktoberfest Proclamation,
3. Voicesfromthe Warehouse Days (September 7 - October 4, 2013)
' bkesfrom the Warehouse Proclamation
4. Barbershop Harmony Week (September 14-21, 2013)
Barbershop Harmony Proclamation,
5. Life Insurance Awareness Month (September 2013)
iM IrttUmnn, Avwrenesa Proclamation
6. Drive the Great River Road Anniversary Month (September 2013)
Great River Road Proclamation,
CONSENT ITEMS
The consent agenda items are considered to be routine and non - controversial and all consent itemswill be normally voted upon in a single
motion without any separate discussion on a particular item. If youwould liketo discuss one of the Consent Items, please go to the microphone
and be recognized by the Mayor and state the itemyou would like removedfromthe Consent Agenda for separate discussion and
consideration.
1. Minutes and Reports Submitted
City Council proceedings of August 19, 20 & 21; Corrmunity Development Advisory Commission of 7123; Housing Commission of 7123
and 7131; Library Board of Trustees of 7125; Zoning Board of Adjustment of 8122; Proof of Publication for City Council proceedings of
815
Suggested Disposition: Receive and File
City Council proceedings 8/19 City Council proceedings 8720 City Council proceedings 8721 CDAC Minutes of 8/14, Housing Commission
Minutes of 7/23 Housing Comrission Minutes of 7731 Library Board of 7725 ZBAMinutes of 8/22, Proof-City Council Proceedings of 875,
2. Notice of Claims and Suits
Joanne Gassman for vehicle damage, Deb Lynch for vehicle damage
Suggested Disposition: Receive and File; Refer to City Attorney
Gassman Claim, Lynch Claim,
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: Joanne Gassman for vehicle damage; Deb Lynch for vehicle damage
Suggested Disposition: Receive and File; Concur
ICAP Claims,
4. AmeriCorps Partners in Learning Grant Award 12 -13 (Grant 12- AC -13)
City Manager recommending approval of the grant agreement with the Iowa Commission on Volunteer Service for the City of Dubuque
AmeriCorps Program.
Suggested Disposition: Receive and File; Approve
AmeriCorps Partners in Leaminq Grant -MVM Memo, Staff Memo , Grant Agreement 13 -AC -13
5. Consent Decree Semiannual Report
City Manager recommending certification of the September 30th Semi Annual Consent Decree Report to be submitted to the U.S.
Department of Justice, U.S. EPA and the Iowa Department of Natural Resources.
Suggested Disposition: Receive and File; Approve
Consent Decree Semiannual Report-MVM Memo, Staff Memo, Consent Decree Semi Annual Report Pis. 1 -26, Consent Decree Semi Annual
Report Pis. 27 -49
6. Childhood Lead Poisoning Prevention Agreements
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 and a renewed agreement with the Visiting Nurse
Association for services related to the Childhood Lead Poisoning Prevention Program and Healthy Homes Program.
Suggested Disposition: Receive and File; Approve
Childhood Lead Poisoning Prevention Agreements -MVM Memo, Staff Memo, IDPH Contract 2013 -2014, Lead Subcontract with Dubuque
County Board of Health 13 -14, Lead Subcontract with VNA 13-14,
7. Lease Property Platting at East 16th Street and Kerper Blvd (Bee Branch Subdivision No. 2)
City Manager recommending approval of the Plat of Survey for Lot 1 -1 and 2 -1 of Bee Branch Subdivision No. 2 in order to establish
the boundaries and acreage of a lease property at East 16th Street and Kerper Boulevard.
RESOLUTION Approving Plat of Survey of Lot 1 -1 and Lot 2 -1 of Bee Branch Subdivision No. 2 in the City of Dubuque, Dubuque
County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
Lease Property Platting at East 16th St and Kerper Blvd -MVM Memo, Staff Memo, Resolution Plat of Survey Lot 1 -1 and Lot 2 -1 of Bee
Branch Subdivision No. 2, Surveyor's and Owner's Certificates Lot 1 -1 and 2 -1 Bee Branch Subdivision No. 2 - Vicinity Map ,
8. Sidewalk Installation Project - Area 2 McAleece / Admiral Sheehy Drive Project Acceptance
City Manager recommending acceptance of the 2013 Leisure Services Sidewalk Installation Project — Area 2 McAleece /Admiral
Sheehy Drive, as completed by Skyline Construction, and authorizing payment to the contractor in that amount.
RESOLUTION Accepting the 2013 Leisure Services Sidewalk Installation Project Ares 2 McAleece /Admiral Sheehy Drive and
authorizing the payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
2013 Leisure Services Sidewalk Installation Project- MVM Memo Staff Memo Resolution,
9. ECIA Contract Amendment No. 3 - Linseed Oil Paintworks Company Building
City Manager recommending approval of an amendment to the contract with East Central Intergovernmental Association (ECIA) to
assist the City with grant administration for the amended Community Development Block Grant (CDBG) Disaster Recovery Fund
Contract, from the Iowa Economic Development Authority, associated with the recent commitment for redevelopment of the Linseed
Oil Paintworks Company Building.
RESOLUTION of the City of Dubuque approving Amendment Number 3 for project administration to East Central Intergovernmental
Association for Community Development Block Grant, Housing Disaster Recovery Fund Contract, #08 -DRH -212, between the City of
Dubuque and the Iowa Economic Development Authority
Suggested Disposition: Receive and File; Adopt Resolution(s)
Amendment #3 to Contract for Services with ECIA for CDBG Disaster Recovery Fund Contract Administration -MVM Memo, Staff memo,
Resolution, Amendment Number 3 to Contract
10. City of Peosta - Agreement for Relocation and Expansion of TriState Quality Metals
City Manager recommending approval of an agreement with the City of Peosta concerning the expansion of TriState Quality Metals.
RESOLUTION Authorizing the approval and execution of an agreement between the City of Peosta, Iowa and the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution(s)
Agreement with City of Peosta for relocation and expansion of TriState Quality Metals -MVM Memo Staff memo Resolution, Agreement,
11. Geologic Computer Systems, Inc.
City Attorney recommending approval of an Agreement for Reimbursement of Costs and Release Agreement for legal action
associated with the purchase of copyrighted GeoSite software for the Dubuque Metropolitan Area Solid Waste Agency.
Suggested Disposition: Receive and File; Approve
Staff Memo, Reimbursement of Costs & Release Agreement,
12. Airport Commission
Commissioner Michael A. Santillo submitting his resignation from the Airport Commission.
Suggested Disposition: Receive and File; Accept Resignation
Santillo Resignation Letter
13. Westbrook Subdivision No. 2 - Acceptance of Warranty Deed
City Manager recommending acceptance of the Warranty Deed to the open space lot that the developer, Callahan Construction, Inc.,
is dedicating to the City in Westbrook Subdivision No. 2.
RESOLUTION Accepting a Deed to Lot R in Westbrook Subdivision No. 2 in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
Acceptance of Improvements in Westbrook Subdivision No. 2 -MVM Memo, Staff Memo, Resolution Vicinity Map Warranty Deed,
14. 2013 Justice Assistance Grant (JAG) Grant Acceptance
City Manager recommending approval to accept the 2013 Justice Assistance Grant (JAG) award in the amount of $26,580 from the
Edward Byrne Memorial Assistance Grant program and authorize the signing of the award document and special conditions.
Suggested Disposition: Receive and File; Approve
2013 Justice Assistance Grant Acceptance -MVM Memo, Police Memo, JAG Grant Document,
15. Mediacom Communications Company
Correspondence from Lee Grassley, Senior Manager of Government Relations for Mediacom Communications Company, informing
the City of programming changes beginning August 30, 2013.
Suggested Disposition: Receive and File
Mediacom Letter,
16. Improvement Contracts and Maintenance Bonds
Horsfield Construction, Inc. for the Dubuque Industrial Center South PCC Paving and Utilities Project 2013; Iowa Department of
Transportation contract with Horsfield Construction, Inc. for the Elm Street Reconstruction 9th -12th Sts. Project; Portzen Construction
for the 9th and 11th Street One -Way to Two-Way Conversion Project; Ted Stackis Construction for deconstruction of 2425 Washington
Street property
Suggested Disposition: Receive and File; Approve
Horsfield Construction Contract, IDOT Construction Contract Portzen Construction Contract Stackis Construction Contract,
17. Signed Contracts
Iowa Department of Transportation Supplemental Agreement (Lighting) for maintenance of primary roads (US 52I611151and US 3 /US
52)
Suggested Disposition: Receive and File
IDOT Lighting Agreement,
18. Alcohol License Applications
City Manager recommending approval of annual liquor, beer, 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)
Liquor License Renewals -MVM Memo, Police Memo Resolution,
BOARDS /COMMISSIONS
Review of applications to the following Boards /Commissions: 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.
Comm unity Development Advisory Com mission
One 3 -year term through February 15, 2015 (Vacant term of Rathje)
Applicant:
Angela Kelley, 205 Bluff St. Apt 2E
Zoning Advisory Commission
One 3 -year term through July 1, 2016 (Expired term of Bird)
Applicant:
Michael Belmont, 222 Dillion St.
This commission is subject to the State of Iowa Gender Balance Law.
7 Commissioners total; currently 5 males /1 female
Appointments to the following commissions to be made at this meeting:
Zoning Board of Adjustment
One 5 -year term through March 25, 2016 (At -will term of Klauer)
Applicant:
Jonathan McCoy, 263 Main St.
This adjusted appointment will replace a commissioner currently serving at -will through 2016.
This commission is subject to the State of Iowa Gender Balance Law.
5 Commissioners total; currently 4 males/0 females
Boards Overview Sheet, Latest Listings Vacancies, Community Development Advisory Commission Application Zoning Advisory Commission
Application, Zoning Board of Adjustment Application, Gender Balance Law, Gender Balance Q &A sheet,
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. Fiscal Year 2014 Budget Amendment No 1.
Proof of publication on notice of public hearing to consider approval of the Fiscal Year 2014 Budget Amendment No. 1 and the City
Manager recommending approval.
RESOLUTION Amending the current budget for the Fiscal Year 2014
Suggested Disposition: Receive and File; Adopt Resolution(s)
FY14 1st Amendment MVM Memo FY14 1st Amendment Staff Memo FY14 lst Amendment Resolution, FY14 1st Amendment- Council
Detail, Proof of Publication,
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. Code of Ordinances Title 16 Unified Development Code Amendment - Home -Based Businesses (Second Reading)
Second reading of a request by Beverly Knockel to amend Section 7 -1.3 of the City of Dubuque's Unified Development Code to add
firearm sales to the list of prohibited home -based businesses and the Zoning Advisory Commission recommending approval.
Communication from the Planning Services Department
Citizen Petition submitted by Kristy and Tait Lunceford
Citizen Correspondence received since the August 19, 2013 Public Hearing
ORDINANCE Amending City of Dubuque Code of Ordinances, Title 16 Unified Development Code, Chapter 7 Supplemental Use
Regulations Section 7 -1.3 Prohibited Home -Based Business Uses to add firearm sales as a prohibited home -based business
Suggested Disposition: Receive and File; Motion B; Motion A
Staff Memo 8/29/13, Lunceford Citizen Petition, Citizen Communications, Staff Memo 8/19/13 ZAC Letter to Council Applicant Materials Staff
Materials, Ordinance Proof of Publication, Suggested Motion,
2. Greater Dubuque Development Corporation - Quarterly Update
President and CEO Rick Dickinson to present the quarterly update on the activities of the Greater Dubuque Development Corporation.
Suggested Disposition: Receive and File
3. Pre - Annexation Agreement - Truck Country
City Manager recommending approval of a Pre - Annexation Agreement with McCoy Family Properties and Truck Country of Iowa, Inc.,
for property located at 10785 Route 61, Dubuque, Iowa, which facilitates the extension of water and sanitary sewer to service Truck
Country's site prior to its annexation and rezoning.
Suggested Disposition: Receive and File; Approve
Pre - Annexation Agreement with Truck Country -MVM Memo, Staff Memo, Location Map, Agreement,
4. Fund Reserve Policies
City Manager recommending approval of Fund Reserve Policies.
Suggested Disposition: Receive and File; Approve
Fund Reserve Policies -MVM Memo Staff Memo Fund Reserve Policies
5. Sustainable Neighborhood Builders, Inc., Housing Enterprise Agreement Amendment
City Manager recommending concurrence with the Enterprise Zone Commission approval and execution of Contract Amendment
Number 1, and authorizing the Mayor to execute Contract Amendment Number 2 to the Housing Enterprise Zone Program Agreement
by and among the Iowa Economic Development Authority, the City and Sustainable Neighborhood Builders, Inc.
RESOLUTION Providing concurrence to Enterprise Zone Commission approval of Contract Amendment Number 1 to Enterprise Zone
Agreement Number 09 -HEZ -051 while approving the application for Contract Amendment Number 2 to Enterprise Zone Agreement
Number 09 -HEZ -051 and authorizing the Mayor to execute Amendment Number 2 upon receipt of contract documents from the Iowa
Economic Development Authority
Suggested Disposition: Receive and File; Adopt Resolution(s)
Amendment to Housing Enterprise Agreement for Sustainable Neighborhood Builders -MVM Memo, Staff memo, Resolution Enterprise Zone
Resolution, Enterprise Zone letter, Novelty Iron Works letter, Executed Amendment Number 1,
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)(j) Code of Iowa
ADJOURNMENT