9 2 14 City Council AgendaROLL CALL ORDER FOR MEETING OF 9/2/2014
Lynch, Resnick, Sutton, Braig, Buol, Connors, Jones
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
Historic Federal Building
350 W. fith Street
September 2, 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).
REGULAR SESSION
6:30 PM
PLEDGE OF ALLEGIANCE
SWEARING IN
Karla Braig, Magor Pro Tem
PROCLAMATION(S)
1. Voices X Make Your Mark Days (September 6 - October 14)
Voices X Make VourMaik Days Proclamation,
CONSENT ITEMS
The consent agenda items are considered to be routine and non -controversial and all consent itemswill 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
Housing Commission 6/24, Human Rights Commission 7114
Suggested Disposition: Receive and File
Housing Commission 6124 Human Ri hts 7/14
2. Notice of Claims and Suits
Robert Donovan for vehicle damage, Cheryl Fuller for personal injuries, James Gibbsfor properly damage, Katie
Jacobson for vehicle damage, Gerald Klein for properly damage, Scott and Ann Morrisfor properly damage, Jose'
Lo'pez Ramirez for vehicle damage
Suggested Disposition: Receive and File; Refer to City Attorney
Donovan Claim Fuller Claim Gibbs Claim Jacobson Claim Klein Claim Morris Claim Ramirez 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: Robert Donovan for Vehicle damage, Cheryl Fuller filed by Attorney Jeffrey
Watters for personal injury, James Gibbsfor property damage, Katie Jacobson for Vehicle damage, Gerald Klein for
property damage, Ike and Linda Lasoya for property damage, Ann Morris for property damage, Jose' Lo'pez Ramirez
for vehicle damage, Tim Wittstockfor property damage, Lawrence Vize for property damage
Suggested Disposition: Receive and File; Concur
ICAP Referrals
4. Federal Emergency Management Association (FEMA) Assistance to Firefighters Grant Acceptance.
City Manager recommending approval of the acceptance of the Federal Emergency Management Association (FEMA)
the Assistance to Firefighter's grant.
Suggested Disposition: Receive and File; Approve
Assistance to Firefighters Grant -MVM Memo Assistance to F irefia hters Grant
5. Cities of Service Blueprint Application
City Manager recommending approval of the submittal of an application to Future Talk to become a Cities of Service
Blueprint.
Suggested Disposition: Receive and File; Approve
Cities of Service Blueprint Application -MVM Memo, Staff Memo , Cities of Service Blueprint Application
6. Nomination of Eagle Point Park for National Register of Historic Places and CLG Grant Application for Eagle
Point Park — NRHP Nomination and Phase 1 Archeological Survey
City Manager recommending City Council support the nomination of Eagle Point Park to the National Register of
Historic Places (NRHP), acceptance of the generous offer of Dr. Julie Schlarman to list Eagle Point Park on the
National Register as an in-kind donation, submittal of a Certified Local Government Grant Application for the
nomination and Phase I Archeological Survey.
RESOLUTION Authorizing CLG Grant Application to State Historic Preservation Office for Eagle Point Park NRHP
Nomination and Phase 1 Archeological Survey Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
Eagle Point Park NRHP Nomination, CLG Grant App Phase 1 Arch Survey -MVM Memo, Staff Memo, In -Kind Letter from Dr.
Schlarman, OSA Cost Estimate, Resolution,
7. English Mill Road Watermain Extension Partnership Agreement
City Manager recommending approval of a Partnership Agreement with English Ridge LLC for the construction of a
watermain from the intersection of Cavendish Lane and Stone Valley Drive west to the intersection of English Mill Road
and the future extension of Stone Valley Drive.
RESOLUTION Approving a Partnership Agreement Between the City of Dubuque, Iowa and English Ridge LLC
Suggested Disposition: Receive and File; Adopt Resolution(s)
English Ridge Partnership Agreement -MVM Memo, Staff Memo, Resolution, Partnership Agreement,
8. English Mill Road Watermain Extension Purchase Agreement
City Manager recommending approval of the acquisition of Lot B of English Ridge Subdivision No. 5 and associated
water main and access easements and authorizing the City Manager to execute the Offer to Buy and the City Council
to accept the deed for such property. City Manager also recommending accepting the Grant of Access and Water Main
Utility Easement through and across a part of Lot A of English Ridge Subdivision No. 5, in the City of Dubuque, Iowa.
RESOLUTION Approving the Acquisition of Real Estate Owned by English Ridge, LLC in the County of Dubuque
RESOLUTION Accepting the Grant of an Access and Water Main Utility Easement Through, Over and Across a Part of
Lot A of English Ridge Subdivision No. 5, in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
English Ridge Subdivision No. 5 -City Acquisition of Property and Easements -MVM Memo, Staff Memo, Resolution Offer to
Resolution Grant of Easement Offer and Acceptance, Easement,
9. National Scenic BywayslState Recreational Trail Grant Agreement
City Manager recommending approval to enter into an agreement with the Iowa Department of Transportation in order
to utilize the National Scenic Byways Grant and the State Recreational Trails Grant for the Upper Bee Branch Creek
Restoration Project.
RESOLUTION Approving the National Scenic Byways and State Recreational Trail Grant Agreement Between the
Iowa Department of Transportation and the City of Dubuque, Iowa for the Bee Branch Creek Mississippi River Trail
Route in the Upper Bee Branch Creek Restoration Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
Upper Bee Branch Creek Restoration Protect National Scenic Byways & State Recreational Trail Grant Agreement -MVM
Memo Staff Memo, Resolution, Agreement,
10. Identity Theft Prevention Program Update
City Manager recommending approval of an update to the City's Identity Theft Prevention Program to include areas of
City operation in addition to utilities.
Suggested Disposition: Receive and File; Approve
Identity Theft Prevention Program -MVM Memo, Identity Theft Prevention Program, Identity Theft Red Flags,
11. Final Plat - Miller Place No. 2
Zoning Advisory Commission recommending approval of the Final Plat of Miller Place No. 2 subject to waiving lot
frontage requirements for Lot 1 Miller Place No. 2.
RESOLUTION Approving the Final Plat of Miller Place No. 2 in Dubuque County, Iowa.
Suggested Disposition: Receive and File; Adopt Resolution(s)
Commission Letter Applicant Materials Staff Materials Resolution,
12. Final Plat - Siegert's Place Fifth Addition Removed
13. Pre -Annexation Agreement - Spiegel Family Realty Company Iowa, LLC
City Manager recommending approval of the Spiegel Family Realty Company Iowa, LLC Pre -Annexation Agreement
for Lot 1-2 of Miller Place in accordance with the Fringe Area Development Standards, and authorize the Mayor to sign
the agreement on behalf of the City of Dubuque.
RESOLUTION Approving a Pre -Annexation Agreement Between the City of Dubuque, Iowa and Spiegel Family Realty
Company Iowa, LLC
Suggested Disposition: Receive and File; Adopt Resolution(s)
Pre -Annexation Agreement for Speigel Family Realty Company Iowa, LLC -MVM Memo Staff Memo Map, Pre -Annexation
Agreement, Covenant Assessment of Cost of Improvements, Covenant Pertaining to Water Service, Resolution,
14. Pre -Annexation Agreement - Doris Graf
City Manager recommending approval of the Doris Graf Pre -Annexation Agreement for Lot 1 of Graf Farm Subdivision
in accordance with the Fringe Area Development Standards, and authorize the Mayor to sign the agreement on behalf
of the City of Dubuque.
RESOLUTION Approving a Pre -Annexation Agreement Between the City of Dubuque, Iowa and Doris Graf
Suggested Disposition: Receive and File; Adopt Resolution(s)
Pre -Annexation Agreement for Graf -MVM Memo, Staff Memo, Location Map, Pre -Annexation Agreement Covenant
Pertaining to Water Service, Covenant Assessment of Cost of Improvements Resolution
15. Consent Decree Semi Annual Report - September 2014
City Manager requesting approval to certify the September 3Dth Semi Annual Consent Decree Report to be submitted
to the U.S. Department of Justice, U.S. EPA and the Iowa Department of Natural Resources.
Suggested Disposition: Receive and File; Approve
Consent Decree September 30th Semi Annual Report -MVM Memo, Staff Memo, Semi Annual Report pgs 1-60, Semi Annual
Report pgs 61-123
16. Fiscal Year 2014 City Street Financing Report
City Manager recommending approval of the Fiscal Year 2014 City Street Financing Report.
RESOLUTION Approving the City of Dubuque Fiscal Year 2014 City Street Financing Report
Suggested Disposition: Receive and File; Adopt Resolution(s)
Fiscal Year 2014 City Street Financing Report -MVM Memo, Memo, Resolution City Street Financial Report,
17. Multicultural Family Center Agreement
City Manager recommending approval of an Agreement Between the City of Dubuque and the Multicultural Family
Center.
Suggested Disposition: Receive and File; Approve
Agreement Between City and Multicultural Family Center -MVM Memo, Memo - Agreement with Multicultural Family Center,
Photos- Flavors of India, Agreement with MFC,
18. Workers' Com promise Settlement - Alvy Kennedy
City Attorney recommending approval of Compromise Settlement for Alvy Kennedy vs. City of Dubuque
Suggested Disposition: Receive and File; Approve
Staff Memo, Reddick Letter, Compromise Settlement Agreement,
19. Alcohol Compliance Civil Penalty for Alcohol License - Diamond Jo Casino
City Manager recommending approval of the Alcohol Compliance Settlement Agreement with Diamond Jo Casino, 301
Bell Street.
Suggested Disposition: Receive and File; Approve
Diamond Jo Casino Alcohol Compliance Agreement -MVM Memo, Staff Memo, Agreement Copy,
20. 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. FY15 First Budget Amendment
City Manager recommending the first Fiscal Year 2015 Budget Amendment be set for public hearing for September 15,
2014.
RESOLUTION Setting the Date for the Public Hearing on Amendment No. 1 to the Fiscal Year 2015 Budget for the
City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing 9-15-14
MVM Memo, Staff Memo, Public Hearing Notice, Amendment #1 Detail, Amend#1 Resolution,
2. English Mill Road Pumping Facility Project
City Manager recommending initiation of the bidding process for the English Mill Road Pumping Facility Project, and
further recommends that a public hearing be set for September 15, 2014.
RESOLUTION English Mill Road Pumping Facility Project 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), Set Public Hearing 9-15-14
English Mill Road Pumping Facility Proiect-MVM Memo Staff Memo Engilsh Mill Map, Preliminary Approval of Specifications
Resolution Notice of Public Hearing, Notice to Bidders
3. English Mill Water Main Extension Project
City Manager recommending initiation of the bidding process for the English Mill Water Main Extension Project, and
further recommends that a public hearing be set for September 15, 2014.
RESOLUTION English Mill Road Water Main Extension Project 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), Set Public Hearing 9-15-14
English Mill Water Main Extension Project -MVM Memo, Staff Memo, English Mill Map, Preliminary Approval of Specifications
Resolution Notice of Public Hearing, Notice to Bidders
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.
Airport Commission
One, 4 -year term through September 14, 2018 (Expiring term of Accinelli)
Applicant:
Steven Accinelli, 3007 Huntington Dr.
This commission is subject to the State of lova Gender Balance Law.
5 Commissioners total,- currently 1 males/2 females/1 Vacancy/1 Attached Pending Application
Zoning Board of Adjustment
One, 5 -year term through March 25, 2019 (Vacant term of Hutchinson)
Applicant:
Joyce Pope, 560 West 13th St
This commission is subject to the State of Iowa Gender Balance Law.
5 Commissioners total,- currently 4 males/0 females/1 Attached Pending Application
Appointments to the following commissions to be made at this meeting:
Housing Commission
One, 3 -year term through August 17, 2017 (Expiring term of Eudaley)
Applicant:
Amy Eudaley, 950 Wood St.
Sister City Relationship Advisory Commission
One, 3 -year term through February 1, 2016 (Vacant term of Rhomberg)
Applicant:
Bryan Zygmont, 608 Clarke Dr.
Boards Overview Sheet Latest Listings Vacancies Airport Commission Application, Housing Commisssion Application Sister
City Relationship Advisory Commission Application, Zoning Board of Adlustment Application, Gender Balance Law, Gender
Balance Q&A,
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. Dubuque Technology Park - Economic Development District Amendment
Proof of publication on notice of public hearing to consider a Resolution of Necessity for an Amendment to the
Dubuque Technology Park Economic Development District Urban Renewal Plan to include Subarea C.
RESOLUTION Approving the Amended and Restated Urban Renewal Plan for the Dubuque Technology Park
Economic Development District
Suggested Disposition: Receive and File; Adopt Resolution(s)
Dubuque Technology Park Amended and Restated Urban Renewal Plan -MVM Memo, Tech Park UR Plan Memo, Tech Park
UR Plan 2014.2, Attachment A - UR Plan Map Attachment B-1- Existing Land Use Attachment B-2 - Proposed Land Use
Attachment C - Bonded Indebtedness Attachment D - District Boundary Descriptions, LRPC memo to Council, Tech Park UR
Plan Adoption Resolution, Proof of Publication Public Hearing Notice,
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. Eagle Point Solar
Barry Shear, President of Eagle Point Solar, to report on future solar projects in Dubuque.
Suggested Disposition: Receive and File
Eagle Point Solar Correspondence,
2. Wells Fargo Bank, N.A Deed Donation - Property at 767 University Avenue along with Cash Contribution
City Manager recommending the City accept donation of the property at 767 University Avenue along with a $20,000
cash contribution from Wells Fargo Bank.
RESOLUTION Accepting the Deed to Certain Real Estate in Dubuque County, Iowa From Wells Fargo Bank, N.A.
Suggested Disposition: Receive and File; Adopt Resolution(s)
Wells Fargo donation of 767 University Avenue -MVM Memo Staff Memo Resolution Accepting Deed, Donation Agreement
767 University Ave, Donation Addendum 767 University Ave,
3. City Code Ordinance Amendment - Definition of Motorized Bicycle or Motor Bicycle
City Manager recommending approval of an amendment to City Code Ordinance 9-1-321.1 regarding the definition of
Motorized Bicycle or Motor Bicycle.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 1 General
Provisions, Section 9-1-321.1 by Changing the Definition of Motorized Bicycle or Motor Bicycle to Mirror State Code in
the Speed Capacity of a Motorized Bicycle or Motor Bicycle
Suggested Disposition: Receive and File; Motion B; Motion A
City Code Ordinance Amendment of 9-1-321.1 - MVM Memo, Staff Memo, Ordinance, Suggested Motion,
4. City Code of Ordinances Amendment - Title 10- Sidewalk Installation and Repair
City Manager recommending approval of an amendment to Section 10-1-2-B Sidewalk Installation and Repair of the
City of Dubuque Code of Ordinances.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 1 Streets,
Sidewalks and Other Public Places, Section 10-1-2-B Sidewalk Installation and Repair by Further Defining the Duty
and Liability of the Abutting Property Owner.
Suggested Disposition: Receive and File; Motion B; Motion A
Sidewalk Ordinance Amendment -MVM Memo, Staff Memo Ordinance, Suggested Motion
5. City Code of Ordinance Amendment - Southwest Arterial Corridor Moratorium Area
6. Dubuque County Emergency Management Commission
Tom Berger of the Dubuque County Emergency Management Agency (EMA)requesting a new appointment of the
Mayor or Mayor's representative on the EMA Commission due to the retirement of Fire Chief Dan Brown.
Suggested Disposition: Receive and File; Council
EMA Request, EMA Appointment Form, EMA Appointment Letter 2006,
7. FY2015 Annual Action Plan Amendment 1
City Manager recommending approval of the Fiscal Year 2015 Annual Action Plan- Amendment 1 for the Community
Development Block Grant (CDBG) program.
RESOLUTION Approving Fiscal Year 2015 (Program Year 2014) Annual Action Plan Amendment 1 for Community
Development Block Grant (CDBG) Funds
Suggested Disposition: Receive and File; Adopt Resolution(s)
CDBG Annual Action Plan Amendment 1 -MVM Memo, Staff Memo, Amendment 1 Resolution
8. Southwest Arterial Supplemental Agreement No. 14
City Manager recommending authorization for the Mayor to execute the Consultant Professional Services —
Supplemental Agreement with AECOM Technical Services, Inc. for the final engineering design phase of the
Southwest Arterial Project, subject to the concurrence of the Iowa Department of Transportation.
RESOLUTION Approving the Consultant Professional Services - Supplemental Agreement No. 14 Between AECOM
Technical Services, Inc. and the City of Dubuque for the Completion of Final Engineering Design Phase of the
Southwest Arterial Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
Southwest Arterial Supplemental Agreement No. 14 - MVM Memo Staff Memo Resolution, Supplemental Agreement
9. SRF Green Alley Bid Set 2 Year 2 - Postponement of the Award
City Manager recommending postponement of the award of the contract until the September 15, 2014 City Council
meeting.
RESOLUTION Postponing the Award of the Contract for the SRF Green Alley Bid Set 2 — Year 2 Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
SRF Green Alley Bid Set 2 Year 2 -Postpone Award -MVM Memo, Staff Memo, Resolution, Bid tab,
10. Park and Recreation Advisory Commission Correspondence
Suggested Disposition: Receive and File; Council Direction
Commission Letter,
Removed
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