5 5 14 City Council AgendaROLL CALL ORDER FOR MEETING OF 5/5/2014
Braig, Buol, Connors, Jones, Lynch, Resnick, Sutton
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
Historic Federal Building
350 W. fith Street
May 5, 2014
Council meetings are video streamed live and archived at
www.cityofdubuaue.org/media and on Dubuque's CityChannel on the
Mediacom cable system at Channel8 (analog) and 85.2 (digital).
WORK SESSION
5:00 PM
Upper Bee Branch Creek Restoration Project - Landscaping Plan
Upper Bee Branch Creek Restoration Project Landscaping Plan -MVM Memo Staff Memo Attachment 1 -Corridor Concept Attachment
2 -Planting and Aesthetics art 1 Attachment 3 -Planting and Aesthetics art 2
REGULAR SESSION
6:30 PM
PLEDGE OF ALLEGIANCE
PROCLAMATION (S)
1. kids to Parks Day (May 17, 2014)
}(Iris to P Alfas Day P rrui trn tint
2. Bike to WbrkVlkek(May 12-16, 2014)
Biketo Work Weak Prodamation,
3. Mental Health Month (MW 2014)
jyjentel HeAIth Mnnth Prnriemetinrt
4. Preservation Month (May 2014)
Preservation Month Prodamation
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 you would like to discuss one of the Consent Items, please go to the microphone
and be recognized by the Mayor and state the item you would like removed from the Consent Agenda for separate discussion and
consideration.
1. Minutes and Reports Submitted
Oily Council Proceedings of 4/21, Community Development Advisory Commission of 4/23, Historic Preservation
Commission of 4/17, Housing Commission of 3/25, Human Rights Commission of 3/10, Investment Oversight Advisory
Commission of 4/23, Long Range Planning Advisory Commission of 4/16, Sister City Relationships Advisory
Commission of 4/16, Zoning Board of Adjustment of 4/24, Proof of Publication for City Council Proceedings of 4/7
Suggested Disposition: Receive and File
City Council 4171 CDAC 4!23 JtistoricP reservation 4/17 Housing Commission 3!25 J-Iuman Riahts3/10 IOAG 4tn, Jam,
Rance Planning 4/16 Sister Cil 4/16 Zoning Board of Adjustment 4/24 P roof - Cit Council 4/7,
2. Notice of Claims and Suits
Danny Boleyn for property damage, Gina Harkey for property damage, Sondra Koch for property damage, McCrea vs
City of Dubuque for gender discrimination, Amy Muchmore for vehicle damage, Jeffry Pottsfor vehicle damage, Amy
Zirtman for personal injury
Suggested Disposition: Receive and F ile; Refer to City Attorney
Pg. 1
Boleyn Claim Harkey Claim Koch Claim McCrea Suit Muchmore Claim Potts Claim Zirtzman Claim
3. Disposition of Claims
Danny Boleyn for property damage, Sondra Koch for property damage, Gina Harkey for property damage, Amy
Muchmore for vehicle damage, Jeffry Potts for vehicle damage, and Amy Zirtzman for personal injury.
Suggested Disposition: Receive and File; Concur
ICAP Claims
4. Riverview Center
Correspondence from Faye Clark, Executive Director of the Riverview Center, thanking the City Council for the
Purchase of Services grant to support a sexual assault therapist position.
Suggested Disposition: Receive and File
Riverview Center Letter
5. Volunteer Hall of Fame Recognition
City Manager transmitting information about AmeriCorps Partners in Learning Member Becca Johnson being inducted
into the State of Iowa Volunteer Hall of Fame.
Suggested Disposition: Receive and File
Iowa Volunteer Hall of Fame Recognition -MVM Memo Staff Memo Photo - Becca Johnson w Governor
6. Washington Neighborhood Intersection Painting Project at 16th and Washington Streets
City Manager recommending approval of a street intersection painting project at 16th and Washington Streets.
Suggested Disposition: Receive and File; Approve
Washington Neighborhood Intersection Painting Proiect at 16th and Washington Streets -MVM Memo Staff Memo
Washington Neighborhood Memo 16th Street Mural Design NeighborWorks America Bloq WN Marketing Plan 18th &
Washington Photo Collage
7. Community Development Block Grant (CDBG) -Amendment 2
City Manager recommending approval of the Fiscal Year 2014 Annual Action Plan Amendment 2 for the Community
Development Block Grant (CDBG) program, which provides for an amendment to the Fiscal Year 2013 and Fiscal Year
2014 Annual Action Plans by reallocating funds from the prior Fiscal Year 2013 Annual Plan into the Fiscal Year 2014
Annual Plan and reprogramming funds for existing and new projects.
RESOLUTION Approving Fiscal Year 2014 (Program Year 2013) Annual Action Plan Amendment 2 for Community
Development Block Grant (CDBG) Funds
Suggested Disposition: Receive and File; Adopt Resolution(s)
Community Development Block Grant Amendment 2 -MVM Memo Staff Memo Resolution Exhibit A - FY14 CDBG
Amendment 2
8. Quarterly Investment Report
City Manager transmitting the Quarterly Investment Report for March 31, 2014.
Suggested Disposition: Receive and File
March 31, 2014 Quarterly Investment Report -MVM Memo Staff Memo Cash Investments and Investment Earnings
Summary Schedule of City Funds Monthly Investment Summary Schedule of Certificates of Deposit and Accrued Interest
9. Notices of Expiration of Right of Redemption
City Manager recommending approval for any attorney in the City Attorney's office to sign Notices of Expiration of Right
of Redemption.
RESOLUTION Authorizing the Attorneys in the City of Dubuque City Attorneys Office to sign Notices of Expiration of
Right of Redemption
Suggested Disposition: Receive and File; Adopt Resolution(s)
Authorization to Sign Notice of Expiration of Right of Redemption -MVM Memo Staff Memo Resolution
10. Public Transit Infrastructure Grant (PTIG) - Bus Storage Facility
City Manager recommending approval to move forward with an application to the Public Transit Infrastructure Grant
program to seek additional funding for the Bus Storage Facility.
Pg. 2
RESOLUTION Approval of grant application to Public Transit Infrastructure Grant (PTIG) Program for Bus Storage
Facility
Suggested Disposition: Receive and File; Adopt Resolution(s)
Public Transit Infrastructure Grant for Bus Storage Facility -MVM Memo Staff Memo Resolution Grant Application,
11. Jule Transit System - Consolidated Funding Application
City Manager recommending approval of the Consolidated Funding Application, as submitted, and approve signature
of the Lobbying Cost Certificate, Certificate of Cost Allocation Plan and Authorizing Resolution for the Iowa Department
of Transportation Consolidated Funding Application for Fiscal Year 2015 for The Jule.
RESOLUTION Approval of grant application to Iowa DOT for consolidated funding
Suggested Disposition: Receive and File; Adopt Resolution(s)
Consolidated Funding Application for The Jule -MVM Memo Staff memo Authorizing Resolution Consolidated Funding
Application
12. Housing Enterprise Zone Agreement - 253 Main St.
City Manager recommending approval of a Housing Enterprise Zone Program Agreement by and among the Iowa
Economic Development Authority, the City of Dubuque and Ken Oberbroeckling for Housing Enterprise Zone benefits
related to the redevelopment of 253 Main Street.
RESOLUTION Approving a Housing Enterprise Zone Program Agreement by and among the Iowa Economic
Development Authority, the City of Dubuque and Ken Oberbroeckling
Suggested Disposition: Receive and File; Adopt Resolution(s)
Enterprise Zone Agreement for 253 Main Street -MVM Memo Staff Memo Resolution
13. Iowa Department of Transportation Acceptance of Patent - Lots at Intermodal Facility Property
City Manager recommending acceptance of Patents from the State of Iowa conveying excess state right-of-way
properties along Elm Street between 9th and 11th Street.
RESOLUTION Accepting a conveyance of property (Lot 1 of Intermodal Place No. 1 in the City of Dubuque, Dubuque
County, Iowa)
RESOLUTION Accepting a conveyance of property (Lot 1 of Lot 1 of Lot 2 of Lot 3 of City Lot 505 and Lot 1 of
Intermodal Place No. 2 in the City of Dubuque, Dubuque County, Iowa)
RESOLUTION Accepting a conveyance of property (Lot 1 of Intermodal Place No. 3 in the City of Dubuque, Dubuque
County, Iowa)
Suggested Disposition: Receive and File; Adopt Resolution(s)
Acceptance of Patent-IDOT Lots at Intermodal Facility Property -MVM Memo Staff Memo Resolution Lot 1 Intermodal Place
1 Recorded Patent Lot 550 and Lot 1 Intermodal Place 2 Recorded Plat Lot 1 Intermodal Place 3 Recorded Patent Location
Map - Intermodal Lots
14. Iowa Department of Transportation - Acceptance of Patent for Bluff Street Lot
City Manager recommending acceptance of a Patent from the State of Iowa conveying excess state right-of-way
property on Bluff Street.
RESOLUTION Accepting a conveyance of property (Lot 1 of Pixler Place No. 2 in the City of Dubuque, Dubuque
County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
Acceptance of Patent-IDOT Lot on Bluff Street -MVM Memo Staff Memo Resolution Lot 1 Pixler Place Recorded Patent
Location Map
15. Rockfarm Holdings, Inc.
City Manager recommending authorization of the submission of an Economic Development Assistance Contract by
Rockfarm Holdings, Inc., the City of Dubuque and the Iowa Economic Development Authority.
RESOLUTION Authorizing the execution of an Economic Development Assistance Contract by and between Rockfarm
Holdings, Inc., the City of Dubuque and the Iowa Economic Development Authority for the Construction of Company
Headquarters in Dubuque
Suggested Disposition: Receive and File; Adopt Resolution(s)
I EDA Contract with Rockfarm Holdings, Inc. -MVM Memo Staff Memo Resolution Contract
Pg. 3
Changed
16. Health Choices Administrative Services Fee
City Manager recommending approval of Amendment VI to the Administrative Services Agreement with Health Choices
effective July 1, 2014 through June 30, 2016.
Suggested Disposition: Receive and File; Approve
Health Choices Administrative Services Fee -MVM Memo Staff Memo Amendment VI Administrative Service Agreement
17. Area Residential Care, Inc., (ARC) -Vocational Services Agreement
City Manager recommending approval of the Area Residential Care, Inc., Vocational Services Agreement for 2014 for
the cleanup of litter and raking of playground safety surfaces at four department locations.
Suggested Disposition: Receive and File; Approve
ARC Vocational Services Aareement-MVM Memo Staff Memo Agreement,
18. Fiber Optic Cable Facilities Agreement with Dubuque County
City Manager recommending approval of a Fiber Optic Cable Facilities Agreement between the City of Dubuque and
Dubuque County that will provide network connectivity from the Historic Federal Building to the Dubuque County
Courthouse.
Suggested Disposition: Receive and File; Approve
Fiber Optic Cable Facilities Agreement with Dubuque County -MVM Memo Staff Memo Agreement
19. Pre -Annexation Agreement -Jelinske
City Manager recommending approval of a Pre -Annexation Agreement with James and Laura Jelinske in accordance
with the Fringe Area Development Policy.
RESOLUTION Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa, and James L. and Laura
V. Jelinske
Suggested Disposition: Receive and File; Adopt Resolution(s)
Jelinske Pre -Annexation Agreement -MVM Memo Staff Memo Resolution Agreement Map
20. Inclusive Dubuque - Contracted Services Agreement
City Manager recommending approval of a Contracted Services Agreement with Inclusive Dubuque.
Suggested Disposition: Receive and File; Approve
FY14-15 Inclusive Dubuque Contracted Services Agreement- MVM Memo Staff Memo FY14-15 Inclusive Dubuque
Contracted Services Agreement
21. Spark vs. City of Dubuque
City Attorney recommending approval of a settlement related to Spark vs. the City of Dubuque regarding a bankruptcy
violation.
Suggested Disposition: Receive and File; Approve
Staff Memo Reddick Letter
22. Mediacom Communications Company
Correspondence from Mediacom Communications Company advising the City of changes in programming taking place
on or about June 1, 2014.
Suggested Disposition: Receive and File
Mediacom Correspondence
23. Enterprise Zone Commission Membership
City Manager recommending recognition of the appointments of Peggy Murray (Iowa Workforce Development) and
Daniel White (Northeast Iowa Community College) to the Enterprise Zone Commission, and approve the re-
appointment of City Manager Michael C. Van Milligen to serve on the Commission.
Suggested Disposition: Receive and File; Approve
Enterprise Zone Commission Appointments -MVM Memo Staff Memo Daniel White Reappointment Letter Peggy Murray
Reappointment Letter
24. Signed Contracts
Dittmer Recycling 2nd Amendment to Agreement for processing and marketing of recyclables;
Suggested Disposition: Receive and File
Pg. 4
Dittmer Recycling Contract Amendment,
25. Alcohol Compliance Civil Penalty for Alcohol License Holders — Lot 1
City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance
violation for Lot 1, 100 Main Street.
Suggested Disposition: Receive and File; Approve
Lot One Alcohol Compliance Agreement -MVM Memo Staff Memo 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 Liquor Resolution
ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for afuture public hearing on the date indicated.
1. E.B. Lyons Interpretive Area Expansion Project
City Manager recommending initiation of the bidding process for the E.B. Lyons Interpretive Area Expansion Project,
and further recommends that a public hearing be set for May 19, 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 Resolution(s), Set Public Hearing 5/19/14
E.B. Lyons Interpretive Area Expansion Protect -MVM Memo Staff Memo Resolution and Notice of Hearing Notice to
Bidders Map
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.
Electrical Code Board
Two 3-yearterms through May 21, 2017 (Expired terms of Dixon and Wilson)
Applicants:
James Dixon, 2505 Marquette PI.
David Wlson, 2918 Washington St.
Boards Overview Sheet Latest Listings Vacancies List Electrical Board Applications
PUBLIC HEARINGS
Changed
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. Water Treatment Plant North Softening Basins Rehabilitation Project
City Manager recommending rescinding Resolution No. 107-14, give preliminary approval to the specifications for the
Water Treatment Plant North Softening Basins Rehabilitation Project, and establish May 19, 2014 as the date for the
public hearing on the specifications for this project.
RESOLUTION Preliminary approval of the specifications, form of contract, and estimated cost; setting date of public
hearing on the specifications, form of contract, and estimated cost; and ordering the advertisement for bids
Suggested Disposition: Receive and File; Adopt Resolution(s), Reset Public Hearing to 5/19/14
Water Treatment Plant North Softening Basin Rehabilitation -MVM Memo Staff Memo Resolution No. 107-14, Resolution -
Preliminary Approval Notice to Bidders Proof of Publication
2. SRF Green Alley Project - Bid Set 4
Proof of publication on notice of public hearing to consider approval of plans, specifications, form of contract and
estimated cost for the SRF Green Alley Bid Set 4 Project and the City Manager recommending approval.
Pg. 5
Changed
RESOLUTION Approval of plans, specifications, form of contract and estimated cost for the SRF Green Alley Bid Set 4
Project
RESOLUTION With Respect to the adoption of the Resolution of Necessity proposed for the SRF Green Alley Bid Set
4 Project
RESOLUTION Approving Schedule of Assessments and estimate of total cost for the SRF Green Alley Bid Set 4
Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
SRF Green AIIey Project -Bid Set 4 -MVM Memo Staff Memo Resolutions Income Guidelines Green AIIey Mailer
Assessment Schedule
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. Pre -Annexation Requirement Waiver Request -Jon Luckstead Plat
Correspondence from Jon Luckstead appealing the City Council's decision to require a pre -annexation agreement for
property located at 10496 Ironwood Drive in Tamarack Business Park and further requesting to address the City
Council.
City Manager recommending that the City Council require the Pre -Annexation Agreement in accordance with the
Fringe Area Development Standards.
Suggested Disposition: Receive and File; Council
Luckstead Correspondence 4/28/14 Pre -Annexation Requirement Waiver Request of Jon Luckstead-MVM Memo Ordinance
31-14 Staff memo 4/29/14 City Manager's Memo 3/17/14 Mta. Staff Memo 3/17/14 Mta. Luckstead Correspondence
3/12/14 Pre -Annexation Requirement - Attorney's Opinion 3/17/14 Mtq. Applicant Materials 3/17/14 Mtg. Staff Materials
3/17/14 Mtq. Pre -Annexation Agreement 3/17/14 Mtq.
2. Citizen Petition - Support of Minimum Wage Increase
Tom Johnson of the Dubuque Catholic Worker House submitting a citizen petition requesting a City Council resolution
supporting an increase in the state minimum wage to $10.10 an hour and index it to the cost of living.
Suggested Disposition: Receive and File; Council
Petition
3. Dubuque Racing Association - Purchase Hilton Garden Inn Hotel
City Manager recommending approval of a request from the Dubuque Racing Association to purchase the Hilton
Garden Inn Hotel.
RESOLUTION Authorizing the DRA to make alterations to the facilities in excess of ten thousand dollars ($10,000),
finance capital improvements by incurring debt and using future fund dollars as part of a downpayment to facilitate an
Asset Purchase Agreement for substantially all of the assets of Dubuque Casino Hotel, LLC., including but not limited
to the Hilton Garden Inn and Houlihan's Restaurant assets and operations.
Suggested Disposition: Receive and File; Adopt Resolution(s)
DRA Request to Purchase Hilton Garden Inn Hotel -MVM Memo Information from Dubuque Racing Association Resolution
4. Prairie Farms Water Usage Agreement
City Manager recommending approval of an agreement with Prairie Farms Dairy for a substantial increase in the
amount of City water they use in the plant.
Suggested Disposition: Receive and File; Approve
Prairie Farms Water Usage Agreement -MVM Memo Supporting Documentation
5. Sales Tax Increment Revenue Bonds Series 2014A
City Manager recommending approval of the form and distribution of a preliminary official statement relating to the
offering and sale of Sales Tax Increment Revenue Bonds, Second Lien Series 2014A.
RESOLUTION Approving form and distribution of a Preliminary Official Statement relating to the offering and sale of
Sales Tax Increment Revenue Bonds (unlimited property tax supported), Second Lien Series 2014
Pg. 6
Changed
Suggested Disposition: Receive and File; Adopt Resolution(s)
Series 2014A Sales Tax Increment Revenue Bond POS -MVM Memo Staff Memo Bond Counsel Letter Resolution
Preliminay Official Statement - POS
6. J. Thomas Zaber vs. City of Dubuque - Franchise Fee Litigation
City Attorney recommending approval of a settlement agreement for J. Thomas Zaber vs. City of Dubuque, and City
Manager recommending approval to request Alliant Energy, Maquoketa Valley Electric and Black Hills Energy to agree
to amend the Franchise Agreements to allow for a 5% Utility Franchise Fee.
RESOLUTION Approving a Settlement Agreement in J. Thomas Zaber, Et. Al V. City of Dubuque, Iowa, Iowa District
Court for Dubuque County, Case No. CVCV054663
Suggested Disposition: Receive and File; Adopt Resolution(s)
Zaber/Franchise Fee Litigation -MVM Memo Staff Memo Settlement Agreement Resolution
7. Greater Dubuque Development Corporation Board Membership
Correspondence from Rick Dickinson, President and CEO of Greater Dubuque Development Corporation (GDDC)
requesting confirmation of the Mayor and two City Council members for membership on the GDDC Board of Directors
from July 1, 2014 through June 30, 2015.
Suggested Disposition: Receive and File; Council
GDDC Letter
8. Request for Work Session - Chaplain Schmitt Island Master Plan
City Manager requesting that the City Council schedule a work session on the Chaplain Schmitt Island Master Plan for
Monday, June 2, 2014 at 5:00 p.m.
Suggested Disposition: Receive and File; Council
Chaplain Schmitt Island Master Plan Work Session Request -MVM Memo Staff Memo
COUNCIL MEMBER REPORTS
PUBLIC INPUT
Changed
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
Pg. 7