9 2 14 Clerk's Skeleton Notes and Meeting CallTO: Trish L. Gleason, Assistant City Clerk
You are hereby directed to call a Regular Session of the City Council to be
held on Tuesday, September 2, 2014, at 6:30 PM in the Historic Federal Building
for the purpose of conducting such business that may properly come before the
City Council.
20,goi
Roy D. Buol, Mayor
Consent Items: Pages 1 through 4
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on September 2, 2014 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sutton;
City Manager Van Milligen, City Att pey Lindahl
Absent:
Mayor 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.
Karla Braig, Mayor Pro Tem
PLEDGE OF ALLEGIANCE
SWEARING IN
PROCLAMATION(S)
Voices X Make Your Mark Days (September 6 - October 14) was accepted by
lal`.
CONSENT ITEMS
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1. Minutes and Reports Submitted
Housing Commission 6/24, Human Rights Commission 7/14
Suggested Disposition: Receive and File
2. Notice of Claims and Suits
Robert Donovan for vehicle damage, Cheryl Fuller for personal injuries, James Gibbs for
property damage, Katie Jacobson for vehicle damage, Gerald Klein for property damage,
Scott and Ann Morris for property damage, Jose' Lo'pez Ramirez 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: Robert Donovan for
Vehicle damage, Cheryl Fuller filed by Attorney Jeffrey Walters for personal injury, James
Gibbs for 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 Wittstock for property damage, Lawrence Vize for
property damage
Suggested Disposition: Receive and File; Concur
4. Federal Emergency Management Association (FEMA) Assistance to Firefighter's
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
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
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 NO. 266 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)
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 NO. 267 Approving a Partnership Agreement Between the City of
Dubuque, Iowa and English Ridge LLC
Suggested Disposition: Receive and File; Adopt RESOLUTION(s)
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 NO. 268 Approving the Acquisition of Real Estate Owned by English Ridge,
LLC in the County of Dubuque
RESOLUTION NO. 269 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)
9. National Scenic Byways/State 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 NO. 270 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)
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
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 NO. 271 Approving the Final Plat of Miller Place No. 2 in Dubuque County,
Iowa.
Suggested Disposition: Receive and File; Adopt RESOLUTION(s)
12. 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 NO. 272 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)
13. 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 NO. 273 Approving a Pre -Annexation Agreement Between the City of
Dubuque, Iowa and Doris Graf
Suggested Disposition: Receive and File; Adopt RESOLUTION(s)
14. Consent Decree Semi Annual Report - September 2014
City Manager requesting approval to certify the September 30th 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
15. Fiscal Year 2014 City Street Financing Report
City Manager recommending approval of the Fiscal Year 2014 City Street Financing
Report.
RESOLUTION NO. 274 Approving the City of Dubuque Fiscal Year 2014 City Street
Financing Report
Suggested Disposition: Receive and File; Adopt RESOLUTION(s)
16. 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
17. Workers' Compromise Settlement - Alvy Kennedy
City Attorney recommending approval of Compromise Settlement for Alvy Kennedy vs. City
of Dubuque
Suggested Disposition: Receive and File; Approve
18. 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
19. Alcohol and Tobacco License Applications
City Manager recommending approval of annual liquor, beer, wine and tobacco licenses
applications as submitted.
RESOLUTION NO. 275 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 NO. 276 Approving applications for retail cigarette/tobacco sales permits,
as required by Iowa Code 453A.47A
Suggested Disposition: Receive and File; Adopt RESOLUTION(s)
ITEMS TO BE SET FOR PUBLIC HEARING
1. FY15 First Budget Amendment
2. English Mill Road Pumping Facility Project
3. English Mill Water Main Extension Project
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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 NO. 277 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
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 NO. 278 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
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 NO. 279 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
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.
1. Airport Commission One, 4 -year term through September 14, 2018 (Expiring term of
Accinelli)
Applicant: Steven Accinelli, 3007 Huntington Dr. No SP€3-4Q`,
This commission is subject to the State of Iowa Gender Balance Law. 5 Commissioners
total; currently 1 males/2 females/1 Vacancy/1 Attached Pending Application
2. Zoning Board of Adjustment
One, 5 -year term through March 25, 2019 (Vacant term of Hutchinson)
Applicant: Joyce Pope, 560 West 13th St 14 a 5p 'k.
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:
1. Housing Commission
One, 3 -year term through August 17, 2017 (Expiring term of Eudaley)
Applicant: Amy Eudaley, 950 Wood St.
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2. Sister City Relationship Advisory Commission
One, 3 -year term through February 1, 2016 (Vacant term of Rhomberg)
Applicant: Bryan Zygmont, 608 Clarke Dr.
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PUBLIC HEARINGS
SUSPEND THE RULES
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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 NO. 280 Approving the Amended and Restated Urban Renewal Plan for the
Dubuque Technology Park Economic Development District
Suggested Disposition: Receive and File; Adopt Resolution(s)
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REINSTATE THE RULES
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ACTION ITEMS
1. Eagle Point Solar
Barry Shear, President of Eagle Point Solar, to report on future solar projects in Dubuque.
Suggested Disposition: Receive and File
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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 NO. 281 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)
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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 NO. 56 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 Fi e; Motion B; Motion A
Suspend the Readings
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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 NO. 57 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
Suspend the Readings
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5. 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
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6. 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 NO. 282 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)
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7. 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 NO. 283 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)
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8. 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 NO. 284 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)
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9. Park and Recreation Advisory Commission Correspondence
Suggested Disposition: Receive and File; Council Direction
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I. COUNCIL MEMBER REPORTS
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K. CLOSED SESSION —7:445 pm
Pending Litigation and Property Acquisition- Chapter 21.5(1)(c), -(j) Code of Iowa
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L. ADJOURNMENT
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