2 17 14 City Council AgendaROLL CALL ORDER FOR MEETING OF2 /172014
Resnick, Sutton, Braig, Buol, Connors, Jones, Lynch
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
Historic Federal Building
350 W. 6th Street
February 17, 2014
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).
WORT( SESSION
5:00 PM Changed
Environmental Stewardship Advisory Commission - Hydraulic Fracturing Report
ESAC Hydraulic Fracturing Report Appendix 1- Public Comments Annendix 2 -E PAPro aress Report Appendix 3 -List of Articles&
Websites Petition from the Sisters of the Presentation 2/14/14
REGULAR SESSION
6:30 PM
PLEDGE OF ALLEGIANCE
PROCLAMATION(S)
1. Problem Gambling Awareness Month (March 2014)
Problem Gam blind AM1ereness P roclam ation
PRESENTATION(S)
1. Environmental Protection Agency (EPA) Smart Growth Award
Assistant City Manager Teri Goodmann to present the EPA Smart Growth Achievement Award - Corridor or
Neighborhood Revitalization category for the Historic Millwork District and Washington Neighborhood
EPA Congratulatory Letter IE DA Congratulatory Letter
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
Arts and Cultural Affairs Advisory Commission of 12117113; City Council proceedings of 213, 2110; Chic Center
Advisory Commission of 1127; Historic Preservation Commission of 1116; Historic Preservation Education Task Force
of 216; Investment Oversight Advisory Commission of 1122; Library Board of Trustees of 12/10(13; Long Range
Planning Advisory Commission of 1115; Zoning Advisory Corrmission of 215; Proof of Publication for City Council
proceedings of 1121; Proof of Publication for List of Claims /Summary of Revenuesfor month ended 12131/13
Suggested Disposition: Receive and File
Arts Commission 12 /17 /13 Council Proceedings 2/3 Council Proceedings 2 /10 Council Proceedings 2/12 Civic Center 1/27
Historic reservation 1 /16 Historic reservation ETF 2/6 Investment Oversight 1/22 Library Board 12 /19/13 Lona Range
Planning 1 /15 Zoning Advisory 2/5 Proof - Council Proceedings 2/3 Proof - List of Claims,Revenues 12/31/1 3
2. Notice of Claims and Suits
Scott Duehr for vehicle damage, Zachery Gries for property damage, Jerry Grutr for property damage, Kischel Harris
for personal injury and property damage (2), Jeffrey Herbst for vehicle damage, Mary Heister /State Farm Mutual for
vehicle damage, Mark Matel for vehicle damage, Jason McCann for vehicle damage, James Pancratz for vehicle
damage, Michael Pancratz for vehicle damage, Ann Powell for vehicle damage, JamesThill for vehicle damage; Jeff
Tracy for vehicle damage
Suggested Disposition: Receive and File; Refer to City Attorney
Duehr Claim, Gries Claim, Grutz Claim, Harris Claim - 1, Harris Claim - 2, Herbst Claim, Heister Claim, Matel Claim, McCann
Claim Pancratz (James) Claim, Pancratz (Michael) Claim Powell Claim, Thill Claim, Tracy 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: Scott Duehr for vehicle damage, Jerry Grutz for property damage, Kischel
Harris for personal injury and property damage (2), Mary Heister for vehicle damage, Jeffrey Herbst for vehicle
damage, Interstate Power & Light for property damage, Robert Lange for vehicle damage, Ryan Leick for vehicle
damage, Mark Matel for vehicle damage, Jason McCann for vehicle damage, James Pancratz for vehicle damage
Suggested Disposition: Receive and File; Concur
ICAP Claims
4. Environmental Protection Agency (EPA) - Notice of Stipulation of Settlement
City Attorney advising that the Environmental Protection Agency (EPA) is rescinding its demand for a stipulated penalty
for the April 19, 2013 sanitary sewer overflow.
Suggested Disposition: Receive and File
EPA Notice of Stipulated Penalty Demand Rescinded -MVM Memo, Staff Memo,
5. Environmental Protection Agency (EPA) Education Grant
City Manager recommending approval of a Letter of Commitment and partnership with the University of Iowa in the
EPA Environmental Education Grant Application for air quality.
Suggested Disposition: Receive and File; Approve
EPA Education Grant Letter of Commitment -MVM Memo, Staff Memo, Signed Subaward Letter Grant Application
6. Sustainable Dubuque Monthly Project Status Report
City Manager transmitting the Sustainable Dubuque Monthly Project Status Report for January 2014.
Suggested Disposition: Receive and File
January Sustainable Dubuque Report-MVM Memo, Staff Memo, January 2014 SD Report
7. 2014 Federal Legislative Priorities
City Manager recommending adoption of the 2014 Federal Legislative Priorities.
Suggested Disposition: Receive and File; Approve
2014 Federal Legislative Priorities -MVM Memo, 2014 Federal Legislative Priorities,
8. Certified Local Government(CLG)Annual Report
City Manager transmitting the 2013 Certified Local Government (CLG) Annual Report.
Suggested Disposition: Receive and File
2013 Certified Local Govemment (CLG) Annual Report-MVM Memo Staff Memo CLG Report
9. Iowa Utilities Board - Distributed Generation Letter of Support
City of Dubuque letter to the Iowa Utilities Board in support of distributed generation policies and standards.
Suggested Disposition: Receive and File; Approve
Letter to Iowa Utilities Board Order Opening Inquiry on Distributed Generation and Soliciting Comments,
10. CIPP Lining Project Acceptance
City Manager recommending acceptance of the construction contract for the FY 2013 and FY 2014 Sanitary Sewer
Cured -in -Place Pipe (CIPP) Lining Project, as completed by Visu Sewer Clean and Seal.
RESOLUTION Accepting the Sanitary Sewer Cured -in -Place Pipe Lining Project and authorizing the payment to the
contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
FY13 & FY14 Sewer Cured -in -Place Pipe Lining Project -MVM Memo, Staff Memo, Resolution, Council Final Payment Form,
11. Grand River Center Floor Settlement Rem ediation Project Acceptance
City Manager recommending acceptance of the construction contract for the Grand River Convention Center — Floor
Settlement Remediation Project as completed by Hayward Baker.
RESOLUTION Accepting the Grand River Convention Center Floor Settlement Remediation Project and authorizing
the payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
Acceptance of Grand River Center Floor Settlement Repairs -MVM Memo Staff Memo Resolution, Final Payment Form
12. Catfish Station Electrical Repairs FEMA - Project Acceptance
City Manager recommending acceptance of the construction contract for the Catfish Station Electrical Repairs FEMA
project as completed by A &G Electric.
RESOLUTION Accepting the Catfish Station Electrical Repairs FEMA and authorizing the payment of the contract
amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
Catfish Station Electrical Repairs FEMA -MVM Memo Staff Memo Resolution,
13. Urban Revitalization Program 2013 Applications
City Manager recommending approval of 13 applications for residential property tax exemption.
RESOLUTION Approving property tax abatement applications submitted by property owners in recognized Urban
Revitalization areas and authorizing the transmittal of the approved applications to the City Assessor
Suggested Disposition: Receive and File; Adopt Resolution(s)
Urban Revitalization Program Applications -MVM Memo, Staff Memo, Resolution,
14. Financial Advisor Contract Amendment
City Manager recommending approval of a contract amendment with the City's Financial Advisor, Piper Jaffray.
Suggested Disposition: Receive and File; Approve
Financial Advisor Contract Amendment - MVM Memo Staff Memo Financial Advisor Contract Amendment - Contract,
Financial Advisor Contract Amendment - w /Red Line Edits,
15. Zoning Advisory Commission - North Grandview Avenue Parking
Zoning Advisory Commission requesting consideration of removing the on- street parking spaces along the east side of
North Grandview Avenue between 3rd Street and the intersection at Grandview Avenue, Delhi and Grace Streets.
Suggested Disposition: Receive and File; Refer to City Manager
Commission Letter,
16. Paragon Square, LLC - Rescinding Development Agreement
City Manager recommending rescinding Resolution No. 281 -11, which approved the Development Agreement with
Paragon Square, LLC for property located at 2887 and 2901 Central Avenue.
RESOLUTION Rescinding Resolution No. 281 -11, which approved the Development Agreement with paragon Square,
LLC for the property located at 2887 and 2901 Central Avenue
Suggested Disposition: Receive and File; Adopt Resolution(s)
Rescinding Development Agreement with Paragon Square, LLC -MVM Memo Staff Memo Resolution,
17. Iowa Department of Transportation PCC Patching
Correspondence from the Iowa Department of Transportation notifying the City of Dubuque that it proposes to let three
PCC patching projects on April 15, 2014 on areas of US Hwy 20, Iowa 32 and US Hwy 61
IDOT Letter,
18. Stipulation of Settlements - US Bank Property Tax Appeals
City Attorney recommending approval of Stipulation of Settlements regarding two tax assessment appeals filed by US
Bank NA.
Suggested Disposition: Receive and File; Approve
Taxing Bodies Letter, Stipulation of Settlement - 270 W. 7th Street, Notice Of Voluntary Settlement - 270 W. 7th Street,
Stipulation of Settlement - 435 Kennedy Road, Notice of Voluntary Settlement - 435 Kennedy Road,
19. Worker Adjustment and Retraining Notification (WARN) - Jeld -Wen, Inc.
Correspondence from Jeld -Wen, Inc., notifying the City of Dubuque that it will experience permanent closure of its
facility at 250 East 8th Street on March 28, 2014.
Suggested Disposition: Receive and File
Jeld -Wen Notification,
20. Cornerstone Government Affairs Service Agreement
City Manager recommending approval of an agreement with Cornerstone Government Affairs, LLC to assist the City in
pursuit of the elimination of pari - mutuel greyhound dog racing in Dubuque.
Suggested Disposition: Receive and File; Approve
Agreement with Comerstone Govemment Affairs -MVM Memo Service Agreement
21. Progressive Processing, LLC
City Manager recommending authorization of the submission of an Economic Development Assistance Contract by
Progressive Processing, LLC (a subsidiary of Hormel Foods Corporation), the City of Dubuque and the Iowa Economic
Development Authority.
RESOLUTION Authorizing the execution of an Economic Development Assistance Contract by Progressive
Processing, LLC, the City of Dubuque, and the Iowa Economic Development Authority.
Suggested Disposition: Receive and File; Adopt Resolution(s)
Progressive Processing, LLC -MVM Memo, Staff Memo, Contract, Resolution,
22. Signed Contracts
Partnership Agreement with Global Green USA
Suggested Disposition: Receive and File
Global Green USA Contract,
23. Alcohol Compliance Civil Penalty for Alcohol License Holders - Main Street Steak and Chophouse
City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance
violation for Main Street Steak and Chophouse, 342 Main Street.
Suggested Disposition: Receive and File; Approve
Main Street Chophouse Alcohol Compliance Agreement -MVM Memo, Staff Memo, Agreement
24. 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. Fiscal Year 2015 Recommended Budget as Amended
City Manager recommending that the City Council set a public hearing for March 5, 2014, on the Fiscal Year 2015 City
budget, Operating and Capital Improvement Program as amended for the City of Dubuque.
City Manager recommending that the City Council set a public hearing for March 5, 2014 to consider a fare increase for
the Jule Transit System.
Public Works Director providing information regarding a budget request to purchase two compressed natural gas
(CNG) solid waste collection vehicles in Fiscal Year 2015.
Transit Advisory Board submitting a letter of support for the proposed fare increase.
RESOLUTION Setting the date for the public hearing on the Fiscal Year 2015 Budget as amended for the City of
Dubuque
RESOLUTION Setting the date for the public hearing on the Five -Year Capital Improvement Program as amended for
Fiscal Years 2015 through 2019 for the City of Dubuque
RESOLUTION Setting the date for a public hearing on the Transit Fixed -Route and Paratransit fare increase
Added Late
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing 315/13
Set Public Hearing on City of Dubuque FY2015 City Budget as Amended -MVM Memo, Budget Staff Memo, Public Works Staff
Memo, Transit Advisory Board Recommendation CNG CIP Budget Resolution(s), Transit Resolution Public Hearing Notice,
Newspaper Notice,
2. Iowa and Locust Streets Parking Ramp Repair Project
City Manager recommending approval of the initiation of the bidding process for the Iowa and Locust Streets Parking
Ramp Repair Project, preliminary approval of the construction plans and specifications and the Resolution of
Necessity, and further recommends that a public hearing be set for March 3, 2014.
RESOLUTION Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public
hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids.
Suggested Disposition: Receive and File; Adopt Resolutions, Set Public Hearing 3/3/14
Iowa and Locust Street Ramp Repair Project -MVM Memo, Staff Memo, Resolution(s), Notice to Bidders Notice of Public
Healing
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.
Civic Center Advisory Commission
One, 3 -year term through June 29, 2016 (Expired term of Hill)
Applicant:
McKenzie Hill, 394 1/2 Bluff St., #2
Housing Code Appeals Board
One, 3 -year term through January 11, 2017 (Expired term of Young)
Applicant:
David Young, 1594 Central Ave.
Mechanical Board
Two, 3 -year terms through March 16, 2017 (Expiring terms of Giese and Hillard)
Applicants:
Tom Giese, 395 Villa St.
Gary Hillard, 2826 Muscatine St.
Boards Overview Sheet Latest Listings Vacancies Civic Center Advisory Commission Application, Housing Code Appeals
Board Application, Mechanical Code Board Applications,
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 -1342 Forest Lane
Proof of publication on notice of public hearing to consider a request by DeeAnn Ballard, 1342 Forest Lane, to rezone
property from R -2 Two Family Residential to OR Office Residential 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 1342 Forest Lane from R -2 Two - Family residential District to OR
Office Residential District
Suggested Disposition: Receive and File; Motion B; Motion A
Commission Letter, Applicant Materials, Staff Materials Ordinance, Proof of Publication Suggested Motion,
2. Request to Amend Institutional District - 350 North Grandview Avenue
Proof of publication on notice of public hearing to consider a request by Finley Hospital, 350 North Grandview Avenue,
to amend the Finley Hospital Institutional District to permit the construction of a 25,000 square -foot, four -story addition
to the west side of the hospital building 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 amendment of Ordinances 35 -93, 59 -00, and 5 -05 and approval of an amended Campus Development Plan for
the Finley Hospital Institutional District
Suggested Disposition: Receive and File; Motion B; Motion A
Commission Letter, Applicant Materials, Staff Materials, Ordinance, Proof of Publication, Suggested Motion,
3. Sales Tax Increment Revenue Bonds (Flood Mitigation Program)
Proof of publication on notice of public hearing to consider the issuance of Not to Exceed $29,000,000 Sales Tax
Increment Revenue Bonds (Flood Mitigation Program) and the City Manager recommending approval.
RESOLUTION Instituting proceedings to take additional action for the issuance of not to exceed $29,000,000 Sales
Tax Increment Revenue Bonds
Suggested Disposition: Receive and File; Adopt Resolution(s)
Sales Tax Increment Revenue Bonds -MVM Memo Staff Memo , Executive Summary, Ahlers & Cooney, P.C. Letter
Resolution Materials from February 3, 2014 Meeting, 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. Citizen Petition - St. Ambrose Street Parking
Sharon Hienz submitting a citizen petition and requesting to address the Council on behalf of residents of St. Ambrose
Street regarding placing restrictions on residential parking due to issues with Sr. High School.
Suggested Disposition: Receive and File; Refer to City Manager
Petition,
2. SRF Green Alley Bid Set 1 Project Award
City Manager recommending award of the contract for the SRF Green Alley Bid Set 1 Project to the low bidder East
Iowa Construction.
RESOLUTION Awarding the public improvement contract for the SRF Green Alley Bid Set 1 Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
Award SRF Green Alley Project -Bid Set 1 -MVM Memo, Staff Memo, Resolution Bid Tab
3. Request to Rezone -1060 Edina Street (Third Reading)
Request by John & Angie Long; Ron & Denise Reeg to rezone property at located at 1060 Edina (Parcels 10- 23 -477-
006 & 10 -23- 477 -007) from R -1, Single Family Residential Zoning District, to R -2, Two - Family Residential Zoning
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 1060 Edina from R -1 Single - Family Residential District to R -2
Two - Family Residential District.
Suggested Disposition: Receive and File; Motion B; Motion A
Commission Letter, Applicant Materials, Staff Materials Ordinance, Letter of Opposition, Suggested Motion,
4. Sustainable Dubuque Community Grant Recommendations
City Manager recommending funding of six Sustainable Dubuque Community grant applications.
Suggested Disposition: Receive and File; Approve
Sustainable Dubuque Community Grant Recommendations -MVM Memo, Staff Memo,
5. Storm Water Utility Revenue Capital Loan Notes, $1,029,000 Taxable Series 2014A (State of Iowa Revolving
Fund Loan)
City Manager providing the suggested proceedings to authorize issuance of $1,029,000 Storm Water Utility Revenue
Capital Loan Notes, Taxable Series 2014A (State of Iowa Revolving Fund Loan) through the Iowa Water Pollution
Control Works Financing Program.
RESOLUTION Approving and authorizing the Form of Loan and Disbursement Agreement by and between the City of
Dubuque and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of
$1,029,000 Storm Water Utility Revenue Capital Loan Notes, Taxable Series 2014A, of the City of Dubuque, Iowa,
under the provisions of the Code of Iowa, and providing for a method of payment of said Notes
Suggested Disposition: Receive and File; Adopt Resolution(s)
Storm Water Utility Revenue Capital Loan Notes -MVM Memo, Staff Memo , Ahlers & Coonev's P.G. Letter, Resolution and
Notices Loan and Disbursement Agreement, Certificate Delivery Certificate, Transcript Certificate SRF Construction
Supplemental Loan Application
6. Iowa Statewide Urban Design and Specifications Program (SUDAS)
City Manager recommending that the City Council formally adopt the Iowa Statewide Urban Design and Specifications
Program, commonly known as SUDAS.
RESOLUTION Approving adoption of the Iowa Statewide Urban Design and specifications Program for Public Works
Improvements
Suggested Disposition: Receive and File; Adopt Resolution(s)
Adoption of SUDAS Program -MVM Memo, Staff Memo, Resolution,
7. Request for Work Session - Sustainable Dubuque Quarterly Work Session
City Manager requesting that the City Council schedule the quarterly Sustainable Dubuque Work Session for Monday,
April 21, at 5:00 p.m.
Suggested Disposition: Receive and File; Council
Request to Schedule Quarterly Sustainable Dubuque Work Session -MVM Memo, Staff Memo
8. Fiscal Year 2014 Budget Correction
City Manager recommending options for Fiscal Year 2014 Operating and Capital Budget shortfall.
Suggested Disposition: Receive and File; Council
Fiscal Year 2014 Budget Correction -MVM Memo Peck Memo re Status of the Recruitment for General Fund Positions Staff
Memo, Lindahl Memo re Increase of Gas and Electric Franchise Fees, Franchise Fee City Comparison,
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