11 18 13 City Council AgendaROLL CALL ORDER FOR MEETING OF 11118,2013
Connors, Jones, Lynch, Resnick, Sutton, Braig, Buol
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
Historic Federal Building
350 W. 6th Street
November 18, 2013
Council meetings are video streamed live and archived at
www.citvofdubuaue.ora /media and on Dubuque's CityChannel on the
Mediacom cable system at Channel8 (analog) and 85.2 (digital).
REGULAR SESSION
6:30 PM
PLEDGE OF ALLEGIANCE
CONSENT ITEMS
The consent agenda items are considered to be routine and non - controversial and all consent items will 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
Cable TV Commission of 1012; City Council proceedings of 11/4; Civic Center Advisory Commission of 10/28; Civil
Service Commission of 11/12; Library Board of Trustees of 9/26 and update of 10/24; Safe Community Advisory
Committee of 9/11; Zoning Advisory Commission of 11/6; Proof of Publication for City Council proceedings of 10/21;
Proof of Publication for List of Claims and Summary of Revenues Month Ended 9/30
Suggested Disposition: Receive and Fite
Cable TV Minutes 10/2 CityCouncil Proceedincisll /4 Civic Center Commission 10/28 Civil Service Minutesll/12 Library
Board Minutes 9 /26 Library Board Update 10 /24 Safe Community Advisory Committee 9/11 Zoning AdvisoryCommission
11/6 Proof - Council Proceedings 10 /21 Proof - List of Claims,Revenues 9/30
2. Notice of Claims and Suits
Scott Estal for personal injury; Nancy Freiburgerfor personal injury; Joseph Healey for property damage; Steven
Steinesforvehicle damage
Suggested Disposition: Receive and F ite; Refer to City Attorney
Estal Claim Freiburcier Claim Healey Suit, Steines 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:
Suggested Disposition: Receive and File; Concur
ICAP Claims
4. Project HOPE - National League of Cities Conference Presentation
Correspondence from Eric Dregne, Vice President of Strategic Initiativesfor the Community Foundation of Greater
Dubuque informing the City that Project HOPE was invited to present on Re- Engage Dubuque at the National League
of Cities Conference in Seattle, Washington, November 1316, 2013.
Suggested Disposition: Receive and File
Project HOPE Presenting at the National League of Cities Conference
5. Abstract of Votes - 2013 General Eledion
Dubuque County Board of Supervisors submitting the Abstract of Votes for the General Election held the 5th day of
November, 2013.
Suggested Disposition: Receive and Fite
Abstract of Votes 2013,
6. Smarter Cities Challenge - Workforce Solutions
City Manager recommending approval of the IBM Smarter Cities Challenge application to address workforce
development issues.
Suggested Disposition: Receive and File; Approve
Smarter Cities Challenge- Workforce Solutions - MVM Memo Staff Memo Application,
7. Fiscal Year 2013 State of Iowa Annual Financial Report
City Manager recommending approval of the City of Dubuque's Fiscal Year 2013 Annual Financial Report.
Suggested Disposition: Receive and File; Approve
Fiscal Year 2013 State of Iowa Financial Report -MVM Memo Staff Memo State of Iowa Annual Financial Report,
8. Gavilon Grain - Assignment of Gypsum Storage and Handling Agreement with Beneficial Reuse Management
City Manager recommending approval of the Assignment of the Gypsum Storage and Handling Agreement from the
City of Dubuque to Gavilon Grain.
RESOLUTION Approving the assignment of Gypsum Storage and Handling Agreement between the City of Dubuque,
Iowa and Gavilon Grain, LLC
Suggested Disposition: Receive and File; Adopt Resolution(s)
Assignment of Gypsum Storage and Handling Agreement to Gavilon Grain -MVM Memo, Staff Memo, Resolution, Assignment
Agreement,
9. Usha Park Parking Lot Project - Recording Memo
City Manager recommending that the award for the Usha Park Parking Lot Project to Drew Cook & Sons Excavating,
Inc., be officially recorded in the minutes of the City Council.
Suggested Disposition: Receive and File; Make Matter of Record
Usha Park Parking Lot Proiect - Recording Memo - MVM Memo, Staff Memo Pro ect Bid Tab
10. Plat of Survey -1895 Kennedy Road
Zoning Advisory Commission requesting approval of the Plat of Survey for Westview Shopping Center Place No. 4 Lots
1 and 2.
RESOLUTION Approving the Plat of Survey Lot 1 and Lot 2 of Westview Shopping Center Place No. 4
Suggested Disposition: Receive and File; Adopt Resolution(s)
Commission Letter, Applicant Materials, Staff Materials, Resolution
11. REAP Grant Agreement for Iowa 32 Trail - Phase 4
City Manager recommending approval of a resolution and the Fiscal Year 2014 REAP grant agreement related to
Phase 4 of the Iowa 32 Bike /Hike Trail along the Northwest Arterial from Holliday Drive to Pennsylvania Avenue.
RESOLUTION Authorizing REAP Grant application to Iowa Department of Natural Resources for Phase 4 of the Iowa
32 Bike /Hike Trail
Suggested Disposition: Receive and File; Adopt Resolution(s)
REAP Grant Agreement for Iowa 32 Bike /Hike Trail -Phase 4 - MVM Memo, Staff Memo Agreement, Location Map,
Resolution
12. AmeriCorps Grant Application
City Manager recommending approval of the 2014 -2015 AmeriCorps Grant application recently submitted to the Iowa
Commission on Volunteer Service.
Suggested Disposition: Receive and File; Approve
2014 -2015 AmeriCorps Grant Application Submission Approval -MVM Memo, Staff Memo, AmeriCorps Grant Application
2014 -15, AmeriCorps Budgetary Impact Information,
13. Dodd's River Terminal, Inc.
City Attorney submitting a Quit Claim Deed and Resolution releasing all interests in certain real estate in the South Port
related to Dodd's River Terminal, Inc.
Suggested Disposition: Receive and File
Staff Memo, Resolution Quit Claim Deed,
14. Purchase of Property -1401 and 1421 EIm Street
City Manager recommending authorization for the City of Dubuque to enter into a purchase agreement with Angela
Mangenoto acquire 1401 -1421 EIm Street.
RESOLUTION Approving the acquisition of real estate knows a Lot 142 in East Dubuque Addition 1401 -1421 Elm
Street in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
Purchase of 1401 and 1421 EIm Street -MVM Memo, Staff Memo, Resolution, Offer to Buy,
15. Purchase of Property - 2426 Washington Street
City Manager recommending acquisition of property at 2426 Washington Street from Merlin and Mary Rose Reuter,
authorizing acceptance of the Warranty Deed and any other related steps necessary to carry out the terms of the offer.
RESOLUTION Approving the acquisition of real estate owned by Merlin Reuter and Mary Rose Reuter in the City of
Dubuque
Suggested Disposition: Receive and File; Adopt Resolution(s)
Bee Branch Creek Restoration -2426 Washington Street Property Acquisition -MVM Memo, Staff Memo, Resolution Offer to
Buy,
16. Purchase of Property - 510 East 22nd Street
City Manager recommending approval to purchase property at 510 E. 22nd Street from Anomaly on Music Row, L.C.,
and authorize acceptance of the Warranty Deed and any other related steps necessary to carry out the terms of the
offer.
RESOLUTION Approving the acquisition of real estate owned by Anomaly on Music Row, L.C. in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution(s)
Bee Branch Creek Restoration - Property Acquisition of 510 E. 22nd Street -MVM Memo Staff Memo Resolution, Attachment
A, Purchase Agreement, Purchase Agreement Amendment,
17. Purchase of Property - 427 -429 Rhomberg Avenue
City Manager recommending approval to purchase property at 427 -429 Rhomberg Avenue and authorize acceptance
of the Warranty Deed and any other related steps necessary to carry out the terms of the offer.
RESOLUTION Approving the Acquisition of real estate owned by John P. Mihalakis and Richard L. Billmeyer, D /B /A
Junie & Rich's Coin Partnership, in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution(s)
Bee Branch Creek Restoration Property Acquisition of 427 -429 Rhomberg Avenue -MVM Memo Staff Memo Attachment A
Attachment B, Resolution Offer to Buy, Acknowledgment Voluntary Negotiation and Purchase of Property
18. Code of Ordinances - Adoption of Supplement No. 13
City Clerk recommending adoption of Supplement No. 13 to the City of Dubuque Code of Ordinances, which codifies
Ordinance Nos. 19 -13 through 22 -13, 24 -13 through 27 -13, 30 -13 through 35 -13, and 39 -13 through 48 -13 as adopted
by the City Council and enacted through September 20, 2013.
RESOLUTION Adopting Supplement No. 13 to the Code of Ordinances of the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
Staff Memo , Resolution, Code Supplement No. 13,
19. ARC Transfer Center Phase I Project Acceptance
City Manager recommending acceptance of the construction contract for the ARC Transfer Center Phase I Project, as
completed by Murphy Construction.
RESOLUTION Accepting the ARC Transfer Center Phase I Project and authorizing the payment of the contract
amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
Acceptance of ARC Transfer Center Phase I Proiect -MVM Memo, Staff Memo, Resolution Pa ment Form, Certificate of Final
Completion
20. Historic Preservation Commission
Historic Preservation Commission submitting a request to appoint Commissioner Robert McDonell as a temporary
commissioner for the Jackson Park Historic District due to a change in residency and until such time that a resident of
the district applies and is appointed.
Suggested Disposition: Receive and File; Approve
Commission Letter,
21. Citizen Correspondence
Correspondence from Dave and Anne Hartig regarding the use of engine brakes within the city limits.
Suggested Disposition: Receive and File; Refer to City Manager
Hartiq Letter
22. Sixteenth Street Railroad Crossing Approach Pavement Removal and Replacement Project Acceptance
City Manager recommending acceptance of the construction contract for the 16th Street Railroad Crossing Approach
Pavement Removal and Replacement Project, as completed by Portzen Construction, Inc.
RESOLUTION Accepting the 16th Street Railroad Crossing Approach Pavement Removal & Replacement Project and
authorizing the payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
Acceptance of 16th Street Railroad Crossing Approach Pavement Removal & Replacement Proiect -MVM Memo, Staff Memo,
Resolution, Final Payment Form,
23. Signed Contracts
Docking license agreement with American River Transportation Co., d /b /a Artco Fleeting Service.
Suggested Disposition: Receive and File
ART -Artco Fleeting Lease Agreement
24. Alcohol Compliance Civil Penalty for Alcohol License Holders — Mindframe Theaters
City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance
violation for Mindframe Theaters, 555 JFK Road, #105.
Suggested Disposition: Receive and File; Approve
Mindframe Theaters Alcohol Compliance Settlement Agreement -MVM Memo, Staff Memo, Settlement Agreement
25. Alcohol Compliance Civil Penalty for Alcohol License Holders — Olive Garden Italian Restaurant
City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance
violation for Olive Garden Italian Restaurant, 3350 Dodge Street.
Suggested Disposition: Receive and File; Approve
Olive Garden Alcohol Compliance Settlement Agreement -MVM Memo, Staff Memo, Settlement Agreement,
26. 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, Staff Memo, Resolution
ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date indicated.
1. Sale of Property - West of 1895 John F. Kennedy Road
City Manager recommending that a public hearing be set for December 2, 2013, for the purpose of disposing of the 1.4
acre City -owned parcel adjacent to and west of 1895 John F. Kennedy Road to Molo Oil Company.
RESOLUTION of Intent to dispose of an interest in City -owned real property by sale to Molo Oil Company
Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 1212113
Molo JFK Property Purchase Agreement -MVM Memo Staff Memo Resolution, Vicinity Map, Offer to Buy,
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 -1822 Creek Wood Drive
Proof of publication on notice of public hearing to consider a request by Marty McNamer to rezone property at 1822
Creek Wood Drive from C -2c Neighborhood Shopping Center District with Conditions to R -3 Moderate Density Multi -
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 1822 Creek Wood Drive from C -2 Neighborhood Shopping
Center District with conditions to R -3 Moderate Density Multi - Family Residential District
Suggested Disposition: Receive and File; Motion B; Motion A
Commission Letter Applicant Materials Staff Materials, Ordinance Suggested Motion, Proof of Publication
2. Sale of Property - 317 -319 East 22nd Street
Proof of publication on notice of public hearing to consider the sale of City -owned real estate at 317 -319 East 22nd
Street to Danielle L. Minnick and the City Manager recommending approval.
RESOLUTION Approving the sale of real estate specifically 317 -319 East 22nd Street
Suggested Disposition: Receive and File; Adopt Resolution(s)
Sale of Property at 317 -319 E. 22nd Street -MVM Memo Staff Memo Resolution, Proof of Publication
3. Fire Station No. 4 Mechanical and Restroom Upgrade Project
Proof of publication on notice of public hearing to consider approval of plans, specifications, form of contract, and
estimated cost for the Fire Station No. 4 Mechanical and Restroom Upgrade Project and the City Manager
recommending approval.
RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the Fire Station No. 4
Mechanical and Restroom Upgrade Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
Fire Station No. 4 Mechanical & Restroom Upgrade Project -MVM Memo, Staff Memo, Resolution, 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. Sustainable Dubuque Community Grant Recommendations Round 3
City Manager recommending funding of Round 3 of the Sustainable Dubuque Community grant applications.
Suggested Disposition: Receive and File; Approve
Sustainable Dubuque Community Grant Recommendations -MVM Memo, Award Memo,
2. Drainage Basin Master Plan 2013 Amendment
City Manager recommending adoption of the 2013 Amendment to the Drainage Basin Master Plan.
RESOLUTION Adopting the City of Dubuque 2013 Drainage Basin Master Plan Amendment
Suggested Disposition: Receive and File; Adopt Resolution(s)
Drainage Basin Master Plan 2013 Amendment -MVM Memo, Staff Memo, Resolution Drainage Basin Master Plan (HDR),
2013 Amendment, Appendix B, Drainage Basin Master Plan (HDR), 2013 Amendment, Appendix C, Drainage Basin Master
Plan (HDR), 2013 Amendment, Appendix D, Drainage Basin Master Plan (HDR), 2013 Amendment, Figures 1 -1A thru 2 -7A,
Drainage Basin Master Plan (HDR), 2013 Amendment, Figures 4 -1A thru 4 -4A Drainage Basin Master Plan (HDR), 2013
Amendment, Figures 4- 5Athru 4 -8A Drainage Basin Master Plan (HDR), 2013 Amendment,
3. State Flood Mitigation Grant Application
City Manager recommending approval to submit an application to the State of Iowa Flood Mitigation Program Board for
$98,494,178 in state sales tax increment funding for the Bee Branch Watershed Flood Mitigation Project.
RESOLUTION Approving application for State of Iowa Flood Mitigation Program funding for the Bee Branch Watershed
flood Mitigation Project.
Changed
Changed
RESOLUTION Local match resolution for the Flood Mitigation Program
Suggested Disposition: Receive and File; Adopt Resolution(s)
Bee Branch Watershed Flood Mitigation Project -Grant Application -MVM Memo Staff Memo Resolution - Approving
Application Resolution - Local Match, Supporting Doc - Application Tab A, Supporting Doc - Auth Rep Supporting Doc - Auth
E, Supporting Doc - Ordinance 21 -12,
4. Special Assessments Interest Rates
City Manager recommending approval to reduce the special assessment interest rate from 9% to 3 %, creating an
opportunity for property owners to pay their assessments at 3% interest over 15 years.
Suggested Disposition: Receive and File; Approve
Special Assessment Interest Rates -MVM Memo, Staff Memo, Far&chrt 12 12 2012 (1), Graph Percent Assistance with
Dashes Corrected (2), Comparisons of Proiects (3), 17th to 18th Green Alley Final Schedule of Assessments Council (4) 17th
to 18th Green Alley Assessment Plat (5), Almond Ellis W Locust Foye Lincoln Providence 1P ndsor Maple Cedar 14 15
Preliminary Schedule of Assessments COUNCIL (6), 1 Year Assessments Fove to Ellis (1) Plat (7), 1 Year Assessments Fove
to Ellis (2) Plat (8) 1 Year Assessments 14th to 15th Plat (9) 1 Year Assessments Johnson to Windsor Plat (10),
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