4 7 14 City Council AgendaROLL CALL ORDER FOR MEETING OF 4/7/2014
Braig, Buol, Connors, Jones, Lynch, Resnick, Sutton
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
Historic Federal Building
350 W. 6th Street
April 7, 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).
WORIt SESSION
5:00 PM Changed
Community Engagement
Community Enaaaement Work Session -MW Memo Staff Memo Presentation
REGULAR SESSION
6:30 PM
PLEDGE OF ALLEGIANCE
PROCLAMATION(S)
1. Smart Money Week (April 5-12, 2014)
Smart Money Week Proclamation
2. Week of the Young Child (April 6-20, 2014)
Week of the Young Child Proclamation,
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
Airport Commission of 3/24; Arts and Cultural Affairs Advisory Commission of 2/25; Cable TV Commission of 3/5; City
Council proceedings of 3/17; Community Development Advisory Commission of 3/19; Proofs of Publication for City
Council Proceedings of 3/3, 3/5 and 3/17; Proof of Publicationfor List of Claims and Summary of Revenuesfor Month
Ending 2/28
Suggested Disposition: Receive and F ile
Airport Commission 3/24 Arts Commission 2125 Cable TV 3/5 Cit Council 3/17 CDAC 3/19 Proof -Council Proceedings 3/3
Proof -Council Proceedings 3/5 Proof -Council Proceedings 3/17 Proof -List of Claims/Revenues 2/28
2. Notice of Claims and Suits
Alliant Energy for properly damage (2), Ken Dryer for vehicle damage, Easy Street Bar (David Schmitt) for property
damage, Karen Gabrielson for property damage, Jill O'Malley for vehicle damage, James Ridley for properly damage,
Steven Schumacher for property damage, Terra Strohmeyer for vehicle damage, Wayne Welter for properly damage
Suggested Disposition: Receive and F ile; Refer to City Attorney
Alliant Enerav Claim (1) Alliant Enerav Claim (21 Drver Claim Easy Street Claim Gabrielson Claim O'Malley Claim, Ridley
Claim Schumacher Claim Strohmever Claim Welter Claim
3. Disposition of Claims
City Attorney advising that the following claims have been referredto Public Entity Risk Services of Iowa, the agent for
the Iowa Communities Assurance Pool: Alliant Energy (2) for property damage, Ken Dryer for properly damage, Easy
Street Bar (David Schmitt) for property damage. Karen Gabrielson for property damage, Steven Schumacher for
properly damage, Terra Strohmey erfor vehicle damage, Wayne Welter for property damage
Suggested Disposition: Receive and File; Concur
ICAP Claims,
4. Code of Ordinances - Adoption of Supplement No. 14
City Clerk recommending adoption of Supplement No. 14 to the City of Dubuque Code of Ordinances, which codifies
Ordinance Nos. 53-13 through 56-13, 3-14, 6-14, 7-14, 8-14, and 11-14 as adopted by the City Council and
enacted through February 17, 2014.
RESOLUTION Adopting Supplement No. 14 to the Code of Ordinances of the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
Staff Memo , Code Supplement No. 14, Resolution
5. Assistance to Firefighters Grant Application
City Manager recommending approval of the submission of the Assistance to Firefighters Grant application for 9 tablet
computers (IPad type) and software to be used for building inspections by inspectors in the Fire Marshal's office and
each of the fire companies in the six fire stations.
Suggested Disposition: Receive and File; Approve
Assistance to Firefighters Grant Application -MVM Memo Staff Memo IPad Assistance to Firefighters Grant,
6. HyVee 2011 Property Tax Appeal - 2395 NW Arterial
City Attorney recommending approval of a Stipulation of Settlement for the HyVee 2011 Property Tax Appeal for 2395
NW Arterial.
Suggested Disposition: Receive and File
Staff Memo, Order Presenting Appeal Stipulation of Settlement, Notice of Voluntary Settlement,
7. HyVee 2013 Property Tax Appeal - 2395 NW Arterial
City Attorney recommending approval of Stipulation of Settlement for the HyVee 2013 Property Tax Appeal for 2395
NW Arterial.
Suggested Disposition: Receive and File; Approve
Staff Memo, Order Presenting Appeal Stipulation of Settlement, Notice of Voluntary Settlement,
8. HyVee 2013 Property Tax Appeal - 300 South Locust
City Attorney recommending approval of a Stipulation of Settlement for the HyVee 2013 Property Tax Appeal for 300
South Locust.
Suggested Disposition: Receive and File; Approve
Staff Memo, Order Presenting Appeal Stipulation of Settlement, Notice of Voluntary Settlement,
9. Dubuque Industrial Center South - Lease Agreement with William Siegert
City Manager recommending approval of a Farm Lease Agreement with William Siegert for access to property in the
Dubuque Industrial Center South for agricultural purposes.
RESOLUTION Approving a Farm Lease Agreement between the City of Dubuque, Iowa and William Siegert
Suggested Disposition: Receive and File; Adopt Resolution(s)
Lease Agreement with William Siegert -MVM Memo, Staff Memo, Resolution, Lease,
10. MWH Americas, Inc. - License Agreement
City Manager recommending approval of a License Agreement for Site Assessment and Remediation by MWH
Americas, Inc. on behalf of MidAmerican Energy Company.
Suggested Disposition: Receive and File; Approve
MWH Site Assessment Agreement -MVM Memo Staff Memo, Agreement Color Scheme Vicinity Map
11. Special Assessment - 2272 Central Avenue
City Manager recommending approval of the Final Assessment Schedule for two properties at 2272 Central Avenue for
the 2013-2014 Snow Removal from City Right -of -Way Program.
RESOLUTION Adopting the Final Assessment Schedule for the 2013-2014 Snow Removal Assessment — Right -of -
Way Obstruction Removal Assessment Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
Snow Removal Assessment -2272 Central Avenue -MVM Memo, Staff Memo, Resolution, Supporting Document,
12. Burlington Trailways - Purchase of Service Agreement
City Manager recommending approval of an agreement with Burlington Trailways effective June 1, 2014, until the
Intermodal Facility construction is complete.
Suggested Disposition: Receive and File; Approve
Burlington Trailways Lease Agreement -MVM Memo, Staff Memo, Burlington Trailways Lease Agreement,
13. Growing Sustainable Community Conference Contract
City Manager recommending approval of an agreement with Sustainable City Network, Inc. and Woodward
Communications for co -management of the 7th Annual Growing Sustainable Communities Conference to be held
October 7 and 8, 2014.
Suggested Disposition: Receive and File; Approve
Growing Sustainable Communities Conference Contract with Sustainable City Network -MVM Memo Staff Memo , GSC
Agreement,
14. Gerald Hingtgen et al. vs. City of Dubuque et al.
City Attorney recommending approval of a Release and Dismissal with Prejudice related to Gerald Hingtgen et al. vs.
City of Dubuque et al.
Suggested Disposition: Receive and File; Approve
Staff Memo, Release, Dismissal With Prejudice,
15. Iowa Economic Development Authority - Expansion of Enterprise Zone -1
City Manager recommending approval of a request to the Iowa Economic Development Authority for an expansion of
the existing Enterprise Zone -1.
RESOLUTION Authorizing a request to the Iowa Economic Development authority for an expansion of Enterprise Zone
- 1 in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution(s)
Request for Expansion of Enterprise Zone -1 - MVM Memo, Staff Memo Resolution, Letter to the IEDA Map - EZ 1 Boundary
Change, Map - Potential EZ Zones, Updated EZ Boundary,
16. Collective Bargaining Agreement - International Union of Operating Engineers Local 234
City Manager recommending approval of a three-year collective bargaining agreement with the International Union of
Operating Engineers, Local #234, that provides for wage increases.
RESOLUTION Approving the agreement between the City of Dubuque, Iowa, and the International Union of Operating
Engineers, Local 234 and authorizing the Mayor to sign the agreement
Suggested Disposition: Receive and File; Adopt Resolution(s)
Collective Bargaining Agreement Intl Union OE Local 234 -MVM Memo, Staff Memo, Resolution
17. Collective Bargaining Agreement Amendment - Teamsters Local 120
City Manager recommending approval of an amendment to the Collective Bargaining Agreement with the Teamsters
Union Local 120 to provide for a work week that consists of ten hours per day and four days per week for the
Maintenanceworker, Airfield Maintenanceworkers and Mechanic assigned to the Airport Department.
Suggested Disposition: Receive and File; Approve
Amendment to Collective Bargaining Agreement with Teamsters Local No. 120 -MVM Memo, Staff Memo, Agreement
18. Mediacom Communications Company
Correspondence from Mediacom Communications Company advising the City that it will implement a non-standard
converter fee and standardize the electronic reactivation account and electronic change of service fee on or about May
1, 2014.
Suggested Disposition: Receive and File
MCC Letter,
19. Dubuque Golf & Country Club - Fireworks Request
Correspondence from Richard Bugalski, General of the Dubuque Golf & Country Club, requesting permission to display
fireworks on Friday, July 4, 2014 at about 9:30 p.m. on the DG&CC grounds with a rain date of Saturday, July 5.
Suggested Disposition: Receive and File; Approve
DG&CC Fireworks Request,
20. Tri-State Advanced Manufacturing Center of Excellence - Letter of Support
City Manager recommending approval of a letter of support for Tri-State Advanced Manufacturing Center of Excellence
(being developed by NICO) for designation as a "manufacturing community."
Suggested Disposition: Receive and File; Approve
Letter of Support to EDA for Tri-State Advanced Manufacturing Center of Excellence -MVM Memo, Staff Memo, Letter of
Support to EDA,
21. U.S. Department of Housing and Urban Development - Healthy Homes Production Grant
Correspondence from the U.S. Department of Housing and Urban Development requesting information required to
close out the Healthy Homes Production Grant.
Suggested Disposition: Receive and File
HUD Healthy Homes Letter,
22. Tobacco Compliance — Civil Penalty for Tobacco License Holders - AWN Stop Mart
City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance
violation for AWN Stop Mart, 1998 Jackson Street.
Suggested Disposition: Receive and File; Approve
AWN Stop Mart Tobacco Compliance Agreement -MVM Memo, Staff Memo, Agreement,
23. Tobacco Compliance — Civil Penalty for Tobacco License Holders - Dave's Downtown Conoco
City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance
violation for Dave's Downtown Conoco, 500 Locust Street.
Suggested Disposition: Receive and File; Approve
Dave's Conoco Tobacco Compliance Agreement -MVM Memo Staff Memo, Agreement
24. Tobacco Compliance — Civil Penalty for Tobacco License Holders - Wayne's Convenience Store
City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance
violation for Wayne's Convenience Store, 1965 Central Avenue.
Suggested Disposition: Receive and File; Approve
Wayne's Convenience Store Tobacco Compliance Aqreement-MVM Memo, Staff Memo, Agreement,
25. Alcohol Compliance Civil Penalty for Alcohol License Holders - Bell Tower Productions
City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance
violation for Bell Tower Productions, 2728 Asbury Road.
Suggested Disposition: Receive and File; Approve
Bell Tower Alcohol Compliance Agreement -MVM Memo, Staff Memo, Agreement
26. Alcohol and Tobacco License Applications
City Manager recommending approval of annual liquor, beer, wine and tobacco licenses 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 permits, as required by Iowa Code 453A.47A
Suggested Disposition: Receive and File; Adopt Resolution(s)
Liquor License Renewals -MVM Memo, Staff Memo, Liquor Resolution Tobacco 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 2014 Second Budget Amendment
City Manager recommending the second Fiscal Year 2014 Budget Amendment be set for public hearing for April 21,
2014.
RESOLUTION Setting the date for the public hearing on Amendment No. 2 to the Fiscal Year 2014 Budget for the City
of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing 4121114
Fiscal Year 2014 Second Budget Amendment - MVM Memo, Staff Memo, Resolution Notice of Public Hearing, Amendment
Detail,
2. Spahn and Rose Lumber Co. - Development Agreement
City Manager recommending that a public hearing be set for April 21, 2014 to consider approval of a Development
Agreement between the City of Dubuque and Spahn and Rose Lumber Co.
RESOLUTION Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the proposed
issuance of Urban Renewal Tax Increment Revenue Grant Obligations and the approval of a Development Agreement
with Spahn and Rose Lumber Co., and providing for the publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing 4121114
Development Agreement with Spahn and Rose Lumber Co. -MVM Memo, Staff Memo, Resolution , Development Agreement,
3. SRF Green Alley Project - Bid Set 4
City Manager recommending initiation of the bidding process for the SRF Green Alley Bid Set 4 Project, and further
recommends that a public hearing be set for May 5, 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
RESOLUTION Approving the plats, schedule of assessments and estimate of total cost for the SRF Green Alley Bid
Set 4 Project
RESOLUTION of Necessity for the SRF Green Alley Bid Set 4 Project
RESOLUTION Fixing date of public hearing on Resolution of Necessity
Suggested Disposition: Receive and File; Adopt Resolutions, Set Public Hearing 515114
Initiate SRF Green Alley Proiect-Bid Set 4 - MVM Memo Staff Memo, Resolution Preliminary Assessment Resolution Notice
to Bidders, Preliminary Schedule of Assessments, Income Guidelines,
4. Water Treatment Plant North Softening Basins Rehabilitation Project
City Manager recommending initiation of the bidding procedure for the Water Treatment Plant North Softening Basins
Rehabilitation Project, and further recommends that a public hearing be set for May 5, 2014.
RESOLUTION Approval of specifications, form of contract, and estimated cost for the Water Treatment Plant North
Softening Basins Rehabilitation Project
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing 515114
Water Treatment Plant North Softening Basins Rehabilitation -MVM Memo, Staff Memo, Resolution Notice of Public Hearing,
Notice to Bidders
BOARDS/COMMISSIONS
Appointments to the following commissions to be made at this meeting:
Sister City Relationship Advisory Board
One, 3 -year term through February 1, 2017 (Vacant term of Filimonenko)
Applicant:
Richard Van !ten, 3273 Bittersweet Ln.
Boards Overview Sheet, Latest Listings, Vacancies, Sister City Relationship Advisory Commission Application
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. Sale of City Property - 2250 Washington Street
Proof of publication on notice of public hearing to consider approval of a resolution authorizing the sale of City -owned
real property located at 2250 Washington Street to Jodie L. Evans and the City Manager recommending approval.
RESOLUTION Approving the sale of real estate located at 2250 Washington Street in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
Sale of City Property at 2250 Washington Street -MVM Memo, Memo, Special Warranty Deed, Resolution, Proof of
Publication
2. HMA Resurfacing Project - White Street from 11th Street to 21st Street
Proof of publication on notice of public hearing to consider approval of the plans, specifications, form of contract and
estimated cost for the White Street HMA Resurfacing with Milling Project, from 11th Street to 21st Street and the City
Manager recommending approval.
RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the White Street HMA
Resurfacing with Milling Project, from 11th To 21st Street (Iowa DOT Project No. NHSN-52-2(132)-2R-31)
Suggested Disposition: Receive and File; Adopt Resolution(s)
White Street Resurfacing from 11th to 21st St Protect -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. Purchase of Services Fiscal Year 2015 Grant Funding Recommendation
City Manager requesting approval of the recommended funding for the Fiscal Year 2015 Purchase of Service Grant
applications.
Suggested Disposition: Receive and File; Approve
Purchase of Services Grant Funding Recommendations -MVM Memo, Staff Memo,
2. SRF Green Alley Project - Bid Set 2 - Project Award
City Manager recommending award of the contract for the Award SRF Green Alley Project - Bid Set 2 to the low bidder
Drew Cook and Sons Excavating.
RESOLUTION Awarding public improvement contract for the SRF Green Alley Bid Set 2 Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
SRF Green Alley Bid Set 2 -MVM Memo, Staff Memo, Resolution Bid Tab
3. SRF Green Alley Project - Bid Set 3 - Project Award
City Manager recommending award of the contract for the SRF Green Alley Project - Bid Set 3 to the low bidder Drew
Cook and Sons Excavating.
RESOLUTION Awarding public improvement contract for the SRF Green Alley Bid Set 3 Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
SRF Green Alley Prolect Bid Set 3 -MVM Memo Staff Memo Resolution, Bid Tab
4. Iowa and Locust Parking Ramp Repair - Project Award
City Manager recommending award of the contract for the Iowa and Locust Ramp Repair Project to the low bidder
Western Waterproofing Company.
RESOLUTION Awarding the public improvement contract for the Iowa and Locust Parking Ramp Repair Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
Iowa and Locust Ramp Repair Project Bid Award -MVM Memo, Staff Memo, Resolution,
5. Code of Ordinances Amendment - Title 10 Special Events and Waiver Policy
City Manager recommending approval of changes to the Special Events Permit Ordinance.
Staff will provide a presentation.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 4 Parades
and Assemblies by adding separate sections for groups of 24 or less people and groups of 25 or more, clarifying that a
Hold Harmless Agreement is necessary for groups of over 25 people, distinguishing between events that occur on City
property, public right-of-way, or private property, clarifying when a permit is necessary for events on private property,
and adding a provision which allows the City Manager to waive certain requirements per an adopted policy; and
amending Title 10 Public Ways and Property by adding a new Chapter 8, Valet Drop Off Parking; Permit Requirements
which moves the Valet Parking Regulations to a different location within Title 10
Suggested Disposition: Receive and File; Motion B, Motion A, Presentation
Special Events Ordinance and Waiver Policy -MVM Memo, Staff Memo, Special Event Permit Application Booklet, Special
Event Permit Memo - January 2012 Parades and Assemblies Staff Memo - October 2005, Special Event Permit Process
Presentation Ordinance and Effect of Amendment SE Waiver Policy Suggested Motion
6. Request for Work Session - Bee Branch Creek Restoration Project
City Manager requesting a work session be scheduled for Monday, May 5, 2014 to discuss the landscaping plan for the
Upper Bee Branch Creek Restoration Project.
Suggested Disposition: Receive and File; Council
Request to Schedule Bee Branch Creek Restoration Project Work Session -MVM Memo, Staff memo,
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