7 21 14 Clerk's Skeleton Notes and Meeting CallCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on July 21, 2014 in the
Historic Federal Building, 350 W. 6th Street.
ate, ,�
Present: Mayor Bud; Council Members Brag`, Conner?;, Jones, Lyffch, Resnick,
'ton; City Manager VVaary/Milligen, City Attorney Undahl
Abktr�f:
Ma or Buol read the call and stated this is a regular session of the City Council called
for the purpose of conducting such business that may properly come before the City
Council.
PLEDGE OF ALLEGIANCE
PROCLAMATION(S)
1. Apples for Students Months July/Aug? 2014).! 4/.44i r. 4
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CONSENT ITEMS
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1. Minutes and Reports Submitted
Arts and Cultural Affairs Advisory Commission of 5/27; Cable TV Commission of 6/4;
City Council Proceedings of 7/7; Housing Commission of 6/24; Library Board of
Trustees Update of 6/19; Zoning Advisory Commission of 7/2; Zoning Board of
Adjustment of 6/24
Suggested Disposition: Receive and File
2. Notice of Claims and Suits
Stacey Duve for vehicle damage, Steve Maker II for vehicle damage
Suggested Disposition: Receive and File; Refer to City Attorney
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: Steve Duve for
vehicle damage Suggested Disposition: Receive and File; Concur
4. William D. Hatfield Award
Iowa Water Environment Association (IAWEA) announcing that Dubuque Water &
Resource Recover Center Manager Jonathan Brown is the 2014 Recipient of the
William D. Hattfield Award for outstanding performance and professionalism in the
treatment and maintenance of a wastewater plant.
Suggested Disposition: Receive and File;
2
Yays
Nays
Jones
Lynch
Resnick
Sutton
Braig
Buol
Connors
5. Dubuque Jaycees -Radio Dubuque 2015 Fireworks Request
Correspondence from Thomas Parsely, General Manager of Radio Dubuque and on
behalf of the Dubuque Jaycees, requesting permission to conduct a fireworks display on
Friday, July 3, 2015 from 9:00 p.m. to 10:30 p.m. on Volunteer Road between
Hawthorne and Lime Streets with a rain date of July 4, 2015.
Suggested Disposition: Receive and File; Approve
6. Shelter Plus Care Program Contract
City Manager recommending approval of a contract with the U.S. Department of
Housing and Urban Development for administration of the Shelter Plus Care Program.
Suggested Disposition: Receive and File; Approve
7. 2115 Sunnyview Drive - Agreement and Acceptance of Storm Sewer Easement
City Manager recommending approval of an agreement and acceptance of a storm
sewer easement from James E. and Kristine E. Noonan for a proposed storm sewer
relocation.
ord207-14 Approving a Memorandum of Agreement for Construction of a Storm Sewer
and Accepting a Grant of Easement for Storm Sewer Through, Over and Across a Part
of the Southerly 99 Feet of Lot 92 in Finley's Addition to the City of Dubuque, Dubuque,
Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
8. Workers' Compensation Excess Insurance Renewal Fiscal Year 2015
City Manager recommending approval of the renewal rate submitted by Safety National
for Fiscal Year 2015 Workers' Compensation Excess Insurance.
Suggested Disposition: Receive and File; Approve
3
Yays
Nays
Jones
Lynch
Resnick
Sutton
Braig
Buol
Connors
9. Iowa Department of Transportation - Detours Agreement
Iowa Department of Transportation (IDOT) submitting an agreement for use of local
agency roads as detours during the construction of the Intermodal Transportation
Center.
Suggested Disposition: Receive and File; Approve
10. Collective Bargaining Agreement - Dubuque Professional Firefighter's
Association #353
City Manager requesting that the City Council receive and file the arbitration award
between the City of Dubuque and the Dubuque Professional Firefighters Association,
Local #353, effective July 1, 2014 through June 30, 2015.
Suggested Disposition: Receive and File
11. Collective Bargaining Agreement Teamsters Local 120 (Bus Operators)
City Manager recommending approval of an Amendment to the Collective Bargaining
agreement between the City and Dubuque and the Teamster Local Union No. 120 (Bus
Operators).
Suggested Disposition: Receive and File; Approve
12. Property Acquisition - 420 Garfield Avenue
City Manager recommending approval to acquire property located at 420 Garfield
Avenue from Thomas J. Blaser and Margaret M. Blaser as part of the acquisition
program associated with the Bee Branch Creek Restoration Project.
RESOLUTION 208-14Approving the acquisition of real estate owned by Thomas J.
Blaser and Margaret M. Blaser, D/B/A Dubuque Fire Equipment, Inc., in the City of
Dubuque
Suggested Disposition: Receive and File; Adopt Resolution(s)
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13. Partial Property Acquisition - 430 Garfield Avenue
City Manager recommending approval to purchase a portion of 430 Garfield Avenue
and two temporary construction easements through 430 Garfield Avenue that are
required for the Bee Branch Creek Restoration Project; and that a Memorandum of
Understanding be executed with Robert Klauer regarding relocation, re-establishment
expenses and points of discussion.
RESOLUTION 209-14 Approving the acquisition of real estate owned by Robert F.
Klauer in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution(s)
14. 2014 Access Ramp Installation Project Phase 2 - Award
City Manager recommending that the award for the 2014 Access Ramp Installation
Project — Phase 2 be officially recorded in the minutes of the City Council.
Suggested Disposition: Receive and File; Make Matter of Record
15. Community Development Block Grant (CDBG) 2014 Curb Access Ramp
Installation Project Award
City Manager recommending that the award for the 2014 CDBG Curb Access Ramp
Installation Project be officially recorded in the minutes of the City Council.
Suggested Disposition: Receive and File; Make Matter of Record
16. Harvest Kitchen and Bar - Request for Release of Community Development
Block Grant (CDBG) Funds
City Manager recommending approval of a resolution authorizing the Request Release
of Funds for the proposed Economic Development Financial Assistance Program
Community Development Block Grant loan to Harvest Kitchen and Bar.
RESOLUTION 210-14 Authorizing Request for release of Community Development
Block Grant funds for Economic Development Financial Assistance Program - Harvest
Kitchen and Bar
Suggested Disposition: Receive and File; Adopt Resolution(s)
5
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Sutton
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17. Harvest Kitchen and Bar - CDBG Loan Agreement
City Manager recommending approval of a forgivable loan through the Community
Development Block Grant (CDBG) Economic Development Loan Program to the owners
of Harvest Kitchen and Bar, a new business to be located in the Schmid Innovation
Center at 955 Washington Street.
RESOLUTION 211-14 Approving a Community Development Block Grant Loan
Agreement for One Hundred Seventy -Five Thousand Dollars ($175,000) for Harvest
Kitchen and Bar
Suggested Disposition: Receive and File; Adopt Resolution(s)
18. Pre -Annexation Agreement - Richard M. and Mary Lou Bradley
City Manager recommending approval of a pre -annexation agreement with Richard M.
and Mary Lou Bradley, property owners, in conjunction with their request for approval of
a Final Plat of Richard Bradley Third Addition in Dubuque County.
RESOLUTION 212-14 Approving a Pre -Annexation Agreement between the City of
Dubuque, Iowa and Richard M. and Mary Lou Bradley
Suggested Disposition: Receive and File; Adopt Resolution(s)
19. Jule Bus Purchase Acceptance
City Manager recommending final acceptance of a bus as delivered from Hoglund Bus
Co., Inc. and establishing the final contract amount
RESOLUTION 213-14 Accepting the Jule bus purchase and authorizing the payment of
the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
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20. Sisters of Char ty of the Blessed Virgin Mary
Correspondence from Sister Teri Hadro, BVM, of the Sister of Charity advising the City
that they anticipate resubmitting their request to rezone property at 1100 Carmel Drive
in the fall of 2014.
Suggested Disposition: Receive and File
21. Dubuque City Assessors Office
Correspondence from Dubuque City Assessor Rick Engelken advising the City of
property tax appeals filed with the Iowa Property Assessment Appeal Board for the
2014 assessment.
Suggested Disposition: Receive and File
22. College Partnership Contracts Fiscal Year 15
City Manager recommending approval of the contracts for College/University Transit
Partnership with Clarke University, Loras College and University of Dubuque for the
2014-2015 school year.
Suggested Disposition: Receive and File; Approve
23. USDA Local Foods, Local Places Program
City Manager recommending approval of a letter of intent to apply for the USDA Local
Foods, Local Places technical assistance program.
Suggested Disposition: Receive and File; Approve
24. Mediacom Communications Company
Correspondence from Mediacom Communications Company advising the City that it will
be changing the seasonal rates for some services on or about September 1, 2014.
Suggested Disposition: Receive and File
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25. Iowa Department of Natural Resources - NPDES Inspection
Correspondence from the Iowa Department of Natural Resources providing the City with
an inspection report of the Water & Resource Recover Center and Notice of Violation.
Suggested Disposition: Receive and File; Refer to City Manager
26. Signed Contracts
Dittmer Recycling, Inc. Third Amendment to Agreement with Dubuque Metropolitan
Area Solid Waste Agency.
Suggested Disposition: Receive and File
27. Improvement Contract and Maintenance Bonds
Portzen Construction, Inc., for the E. B. Lyons Expansion Project
Suggested Disposition: Receive and File; Approve
28. Alcohol Compliance Civil Penalty for Alcohol License Holders — Oky Doky #1
City Manager recommending approval of the Acknowledgment/Settlement Agreement
for an alcohol compliance violation for Oky Doky #1, 250 W. 1st Street.
Suggested Disposition: Receive and File; Approve
29. Tobacco Compliance — Civil Penalty for Tobacco License Holders — Oky Doky
#1
City Manager recommending approval of the Acknowledgement/Settlement Agreement
for a tobacco compliance violation for Oky Doky #1, 250 W. 1st Street.
Suggested Disposition: Receive and File; Approve
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30. Alcohol Compliance Civil Penalty for Alcohol License Holders — Murph's
South End Tap
City Manager recommending approval of the Acknowledgment/Settlement Agreement
for an alcohol compliance violation for Murph's South End Tap 55 Locust Street.
Suggested Disposition: Receive and File; Approve
31. Alcohol and Tobacco License Applications
City Manager recommending approval of annual liquor, beer, wine and tobacco licenses
as submitted.
RESOLUTION 214-14 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 215-14 Approving applications for retail cigarette/tobacco sales permits,
as required by Iowa Code 453A.47A
Suggested Disposition: Receive and File; Adopt Resolution(s)
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ITEMS TO BE SET FOR PUBLIC HEARING
1. Elm Street Parking Lot Project 8/4/14
2. SRF Green AIIey Project Bid Set 2 - Year 2 8/18/14
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1. EIm Street Parking Lot Project
City Manager recommending initiation of the public bidding process for the construction
of the EIm Street Parking Lot Project, and further recommends that a public hearing be
set for August 4, 2014.
RESOLUTION 216-16Preliminary 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
8/4/14
2. SRF Green AIIey Project Bid Set 2 - Year 2
City Manager recommending initiation of the public bidding process for the SRF Green
AIIey Bid Set 2 — Year 2 Project, and further recommends that a public hearing be set
for August 18, 2014.
RESOLUTION 217-14 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 218-14 Approving the plats, Schedule of Assessments and estimate of
total cost for the SRF Green AIIey Bid Set 2 - Year 2 Project
RESOLUTION 219-14 Resolution of Necessity for the SRF Green AIIey Bid Set 2 - Year
2 Project
RESOLUTION 220-14 Fixing date of public hearing on Resolution of Necessity
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing
8/18/14
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BOARDS/COMMISSIONS
Review of applications to the following Boards/Commissions.
1. Housing Commission
One, 3 -year term through August 17, 2017 (Expiring term of Baumhover).
Applicant: Rick Baumhover, 601 Garfield Ave #104
2. Human Rights Commission
One, 3 -year term through January 1, 2016 (Vacant term of Helgager).
Applicants:
Nikkole Nutter, 2897 Asbury Rd.; —
Susan Stone, 1384 Solon St. --,ere--
This commission is subject to the State of Iowa Gender Balance Law. 9 Commissioners
total; currently 6 males/2 females
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PUBLIC HEARINGS
SUSPEND THE RULES
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1. Code of Ordinances Amendment - Title 16 Unified Development Code - Payday
Lenders
Proof of publication on notice of public hearing to consider a request by the City of
Dubuque to amend Section 16-7, of the Unified Development Code - Supplemental Use
Regulations, by adding a new Section 16-7.5 Pay Day Lending Establishments and
adding siting requirements and the Zoning Advisory Commission recommending
approval.
ORDINANCE 46-14 Amending Title 16 of the City of Dubuque Code of Ordinances,
Unified Development Code, by Amending Article 16-7 Supplemental Use Regulations
by Adding a New Section 7-5 Titled Pay Day Lending Establishments and Establishing
Regulations to Their Location in the Community
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
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2. Code of Ordinances Amendment Title 16 - Unified Development Code Keeping
of Hens
Proof of publication on notice of public hearing to consider a request by the City of
Dubuque to amend the Unified Development Code to allow the keeping of Hens for Egg
Production as an accessory use in residential districts and the Zoning Advisory
Commission recommending approval. lig
ORDINANCE 47-14 Amending Title 16 of the City of Dubuque Code of Ordinances,
Unified Development Code, by Amending Article 16-8-5.10 Conditional Uses by
Eliminating the Keeping of Hens and Amending Articles 16-5-2.3 (R-1), 16-5-3.3 (R-2),
16-5-4.3 (R -2a), 16-5-5.3 (R-3), and 16-5-6.3 (R-4) to Allow the Keeping of Hens for
Egg Production as an Accessory Use in Residential Districts
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
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3. Code of Ordinances Amendment - Title 16 Unified Development Code
Definitions
Proof of publication on notice of public hearing to consider a request by the City of
Dubuque to amend Section 16-2-3 of the Unified Development Code to remove the
definition of disability and to redefine the definition of family to include a reference to
City Code Chapter 8-1.1 defining disability and the Zoning Advisory Commission
recommending approval.
ORDINANCE 48-14 Amending Title 16 of the City of Dubuque Code of Ordinances,
Unified Development Code, by Amending Article 16-2 -3 by Eliminating the Definition of
Disability and to Modify the Definition of Family to Include a Reference to City Code
Chapter 8-01.1 Defining Disability
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
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Final Reading and Adopt
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4. Southwest Arterial Right -of -Way Property Acquisition
Proof of publication on notice of public hearing to consider the City's intent to acquire, or
condemn if necessary, property for the Southwest Arterial Project, and the City Manager
recommending approval.
Correspondence from Hugh McFadden.
RESOLUTION 221-14 Establishing the fair market value of real property for the
Southwest Arterial Project, directing good faith negotiations for the acquisition of
property and authorizing the commencement of eminent domain proceedings, if
necessary, to acquire property
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
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5. Dubuque Regional Airport Property Easement Acquisition for Extension of
Public Utilities
Proof of publication on notice of public hearing to consider the City's intent to acquire, or
condemn if necessary, property for the extension of public utilities to the Airport and the
City Manager recommending approval.CCorrespondence from Hugh McFadden.
RESOLUTION 222-14 Establishing the fair market value of real property for the
extension of public utilities to the Dubuque Regional Airport, directing good faith
negotiations for the acquisition of property and authorizing the commencement of
eminent domain proceedings, if necessary, to acquire property
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
Nays
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6. Iowa Department of Natural Resources - Mines of Spain Lease Agreement
Proof of publication on notice of public hearing to consider an amended agreement
between the City of Dubuque and the Iowa Department of Natural Resources to add the
E.B. Lyons Interpretive Area Addition (Bottoms Farm) to the City's lease with the Iowa
Department of Natural Resources and the City Manager recommending approval.
RESOLUTION 223-14 Authorizing Second Amendment of Lease Agreement with Iowa
Department of Natural Resources for the E.B. Lyons Interpretive Area Addition
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
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7. Chaplain Schmitt Island Master Plan
Proof of publication on notice of public hearing to consider approval of the Chaplain
Schmitt Island Master Plan and the City Manager recommending approval.
Staff will make a presentation.
RESOLUTION 224-14 Adopting the Chaplain Schmitt Island Master Plan
Suggested Disposition: Receive and File; Adopt Resolution(s , Prese tafiA/) a1/47)
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ACTION ITEMS
1. Sustainable Dubuque Community Grant Program Recommendations
City Manager recommending approval for funding of nineteen Sustainable Dubuque
Community grant applications.
Suggested Disposition: Receive and File; Approve
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2. Smarter Travel Project Local Match
City Manager recommending approval of local funds to match the Iowa Department of
Transportation's ICAAP funds to implement the IBM Smarter Travel project.
Suggested Disposition: Receive and File; Approve
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Jule Transit Facility Roof & Sprinkler Repair Project Award
City Manager recommending award of the contract for the Jule Transit Facility Roof
Repair Project to the low bidder, Bel Aire Home Improvement; and award of the contract
for the Jule Transit Facility Sprinkler Repair Project to the only bidder, Continental Fire
& Sprinkler.
RESOLUTION 225-14 Awarding public improvement contract for the Jule Transit
Facility Roof & Sprinkler Repair Project (Roof)
RESOLUTION 226-14 Awarding public improvement contract for the Jule Transit
Facility Roof & Sprinkler Repair Project (Sprinkler)
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays / Nays
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4. Code of Ordinances Amendment - Title 10 PersonaFi*Watercraft
City Manager recommending amending City Ordinance Section 10-7-13 to add
motorized personal watercraft operation to the list of prohibited activities, as well as add
additional areas where activities are prohibited.
ORDINANCE 49-14 Amending City of Dubuque Code of Ordinances Title 10 Public
Ways and Property, Chapter 7 Boats, Boating and Waterfront Structures, Section 10-7-
13 Activities by Adding Motorized Personal Watercraft Operation to the List of
Prohibited Activities and Adding Additional Areas Where Activities are Prohibited Stin7
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
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5. Code of Ordinances Amendment - Title 5 Transit Advisory Board
City Manager recommending approval of an ordinance which repeals Chapter 1 Transit
Advisory Board provisions and adopting a new Chapter 1 which establishes the Transit
Advisory Board and provides for the powers, operation, membership, meetings and
procedure for fare increase or reduction in service.
ORDINANCE 50-14 Amending City of Dubuque Code of Ordinances Title 5 Transit
System by Repealing Chapter 1 Transit Advisory Board; General Provisions and
Adopting a New Chapter 1 Transit Advisory Board in Lieu Thereof Establishing the
Transit Advisory Board and Providing for the Powers, Operation, Membership,
Meetings, and Procedure for Fare Increase or Reduction in Service
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
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Nays
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Final Reading and Adopt
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COUNCIL MEMBER REPORTS
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PUBLIC INPUT 0„3
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CLOSED SESSION OV"Tp.m.
Pending Litigation and Property Acquisition - Chapter 21.5(1)(c), -(j) Code of Iowa
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ADJOURNMENT
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TO: Kevin S. Firnstahl, City Clerk
You are hereby directed to call a Regular Session of the City Council to be
held on Monday, July 21, 2014 at 6:30 PM in the Historic Federal Building for the
purpose of conducting such business that may property come before the City
Council.
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Consent Items: Pages 1-5
oy D. Bu Mayor