10 6 14 City Council AgendaROLL CALL ORDER FOR MEETING OF
October 6, 2014
Resnick, Sutton, Braig, Buol, Connors, Jones, Lynch
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
Historic Federal Building
350 W. 6th Street
October 6, 2014
Council meetings are video streamed live and archived at www.cityofdubuque.org/media and on Dubuque's
CityChannel on the Mediacom cable system at Channel 8 (analog) and 85.2 (digital).
SPECIAL SESSION
1. 5:00 PM - WORK SESSION: Inclusive Dubuque
2. 6:00 PM - CLOSED SESSION: Pending Litigation and Property Acquisition — Chapter 21.5(1)(c), -(j) Code of Iowa
REGULAR SESSION
6:30 PM
PLEDGE OF ALLEGIANCE
PROCLAMATION(S)
1. White Cane Safety Day (October 15, 2014)
2. Trick -or -Treat Night (October 31, 2014)
3. Disabilities Awareness Month (October 2014)
4. Humanities Month (October 2014)
5. Make a Will Month (October 2014)
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
City Council proceedings of 9/15; Civil Service Commission of 7/28, 9/22; Five Flags Civic Center Commission of 8/20;
Zoning Board of Adjustment of 9/25; Proof of Publication for City Council proceedings of 9/2;
Suggested Disposition: Receive and File
2. Notice of Claims and Suits
David Baker for vehicle damage, Suit by Cheryl Fuller, Arthur Hedley for vehicle damage, Norman Homb for vehicle
damage, Barbara Lombardi for personal injury, Peggy Naumann for vehicle damage, James Shippy for property damage,
Brad Siegert for property damage, Suit by QHQ Properties
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: David Baker for vehicle damage, Enterprise Rent -a -Car for vehicle damage, Arthur
Hedley for vehicle damage, Norman Homb for vehicle damage, Barbara Lombardi for personal injury, Peggy Neumann,
James Shippy for property damage, Brand Siegert of property damage
Suggested Disposition: Receive and File; Concur
4. Government Finance Officers Association - Distinguished Budget Presentation Award
Correspondence from the Government Finance Officers Association (GFOA) advising that it has awarded the Distinguished
Budget Presentation Award to the City of Dubuque and Certificates of Recognition for Budget Preparation to Budget
Director Jennifer Larson and Senior Budget Analyst Mary Brooks for the Fiscal Year 2014/2015.
Suggested Disposition: Receive and File
5. SRF Green Alley Project Bid Set 1 - Year 1 Project Acceptance
City Manager recommending acceptance of the construction contract and the establishment of the Final Schedule of
Assessments for the SRF Green Alley — Bid Set 1 Year 1 Project, as completed by East Iowa Construction.
RESOLUTION Accepting the SRF Green Alley Project - Bid Set 1 year 1 and authorizing the payment of the contract
amount to the contractor
RESOLUTION Adopting the final assessment schedule for the SRF Green Alley Project - Bid Set 1 Year 1
Suggested Disposition: Receive and File; Adopt Resolution(s)
6. SRF Green Alley Project Bid Set 2 - Year 1 Acceptance
City Manager recommending acceptance of the construction contract for the SRF Green Alley — Bid Set 2 Year 1 Project,
as completed by Drew Cook and Sons Excavating, and adoption of the Final Schedule of Assessments.
RESOLUTION Accepting the SRF Green Alley Project - Bid Set 2 Year 1 and authorizing the payment of the contract
amount to the contractor
RESOLUTION Adopting the Final Assessment Schedule for the SRF Green Alley Project - Bid Set 2 Year 1
Suggested Disposition: Receive and File; Adopt Resolution(s)
7. Acceptance of Storm Sewer Easement - Greenfield Development, LLC
City Manager recommending acceptance of a storm sewer easement from Greenfield Development LLC for a proposed
City storm sewer construction project across a part of Lot 2 1 1 1 1 2 of Louis H. Walter Place, near 801 Cedar Cross
Road.
RESOLUTION Accepting a Grant of Easement for storm sewer through, over and across a part of Lot 2 1 1 1 1 2 of Louis
H. Walter Place in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
8. Acceptance of Storm Sewer Easement - Cedar Ridge Farm Place No. 3
City Manager recommending acceptance of a storm sewer easement from Julian G. Nemmers for a proposed City storm
sewer construction project across a part of Lot 2 of 4 of Cedar Ridge Farm Place No. 3 near 801 Cedar Cross Road.
RESOLUTION Accepting a Grant of Easement for storm sewer through, over and across a part of Lot 2 of 4 of Cedar
Ridge Farm Place No. 3 in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
9. Timber Hyrst Estates No. 4 - Accepting Culvert, Embankment and Storm Water Impoundment
Easement
City Manager recommending acceptance of a Grant of Easement for Pipe Culvert, Embankment Slope, and Storm Water
Impoundment from Gary Valentine as part of the Timber-Hyrst Estates No. 4 Project.
RESOLUTION Accepting the grant of a Culvert Pipe, Embankment Slope, and Storm Water Impoundment Easement
through, over and across a part of Lot 1 of Valentine Place No. 3, in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
10. Gallagher Benefit Services Renewal
City Manager recommending approval of an Amendment to the Administrative Services Agreement with Gallagher Benefit
Services for benefit consulting and actuarial services effective October 1, 2014, through June 30, 2016.
Suggested Disposition: Receive and File; Approve
11. Delta Dental Voluntary Dental Plan
City Manager recommending approval of the renewal rates with Delta Dental for the Voluntary Dental Plan beginning
January 1, 2015 through December 31, 2015.
Suggested Disposition: Receive and File; Approve
12. Case Management Workers' Compensation Claims
City Manager recommending approval to enter into an Agreement with Tri-State Occupational Health, L.L.C. effective
October 6, 2014 through September 30, 2015 to provide case management of workers compensation claims and police
and fire job related injuries and illnesses.
Suggested Disposition: Receive and File; Approve
13. Iowa Clean Air Attainment Program (ICAAP) Grant Application - Midtown Loop (Grey Line) and Feeder
(Express)
City Manager recommending approval of an application for Iowa Clean Air Attainment Program (ICAAP) grant funds for the
third year of the SmarterTravel: Midtown Loop (Grey Line) and Feeder (Express). It is further recommended that the City
Council approve a resolution stating that it shall (1) commit the necessary local match funding for project implementation
and (2) upon project completion, commit to adequately maintaining and operating the routes through maintenance -level
budgeting.
RESOLUTION Endorsing the submission of an Iowa Clean Air Attainment Program (ICAAP) Grant application to the Iowa
Department of Transportation to fund the Midtown Loop (Grey Line) and Feeder (Express) Routes
Suggested Disposition: Receive and File; Adopt Resolution(s)
14. Letter of Support - Regional Conservation Partnership Program
City Manager recommending approval of a letter of support for the Regional Conservation Partnership Program.
Suggested Disposition: Receive and File; Approve
15. Alternative Services Concepts - Workers' Compensation Administration Renewal Rates
City Manager recommending approval of renewal rates with Alternative Services Concepts for workers' compensation
claims administration for October 1, 2014 through September 30, 2015
Suggested Disposition: Receive and File; Approve
16. EDA Grant Authorized Representative- Upper Bee Branch Creek Restoration Project
City Manager recommending approval to establish the City Manager as an Authorized Representative with the authority to
execute and deliver documents as necessary in order for the City to receive U.S. Economic Development administration
Disaster Relief Program funds for the Bee Branch Creek Restoration Project.
RESOLUTION Establishing the City Manager as an Authorized Representative regarding the agreement between the U.S.
Department of Commerce's Economic Development Administration and the City of Dubuque, Iowa for the Upper Bee
Branch Creek Restoration
Suggested Disposition: Receive and File; Adopt Resolution(s)
17. Express Scripts Agreement
City Manager recommending approval of a new Employer Participation Agreement with Express Scripts effective January
1, 2014 to December 31, 2014.
Suggested Disposition: Receive and File; Approve
18. Shepherd, Inc. - Iowa Economic Development Authority (IEDA) Settlement
City Manager recommending approval of the execution of a Settlement Agreement between the Iowa Economic
Development Authority, Shepherd, Inc. and the City of Dubuque.
RESOLUTION Authorizing the execution of a Settlement Agreement for CEBA Loan Agreement 04-CEBA-05 by and
between the Iowa Economic Development Authority, Shepherd, Inc., and the City of Dubuque
Suggested Disposition: Receive and File; Approve
19. Civil Service Commission
Civil Service Commission submitting the certified lists for the positions of Bus Operator, Horticulturalist, Lead Mechanic and
Maintenance Worker
Suggested Disposition: Receive and File; Make Matter of Record
20. Mystique Casino - Request to Repair Sidewalks, Resealing and Painting of Decorative Concrete
City Manager recommeninding approval of a request from Mystique Casino President and CEO Jesus Aviles to use the
Depreciation and Improvement Fund and to do some sidewalk and entryway improvements.
Suggested Disposition: Receive and File; Approve
21. Mississippi River Cities and Towns Initiative
City Manager transmitting information from the Mississippi River Cities and Towns Initiative annual meeting held
September 16-18, 2014.
Suggested Disposition: Receive and File
22. Mississippi River Sustainable Development Fund
City Manager transmitting information on the Mississippi River Sustainable Development Fund announcing major
sustainable efforts to promote Mississippi River commerce and health.
Suggested Disposition: Receive and File
23. Linseed Oil - Assignment of Development Agreement
City Manager recommending approval of the assignment of the Development Agreement with Wilmac Property Company to
Betty Building, LLC for the property located at 151 East 9th Street.
RESOLUTION Approving the assignment of the Development Agreement between the City of Dubuque and Wilmac
Property Company from Wilmac Property Company to Betty Building, LLC
Suggested Disposition: Receive and File; Adopt Resolution(s)
24. Linseed Oil -Assignment of CDBG Subrecipient Agreement
City Manager recommending approval of a Subrecipient Agreement with Wilmac Property Company to
redevelopment of the Linseed Oil Paintworks Building at 901 Jackson Street.
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RESOLUTION Approving the assignment of the Community Development Block Grant (CDBG) Housing Disaster Recovery
Fund Contract Subrecipient Agreement between the City of Dubuque and Wilmac Property Company, from Wilmac
Property Company to Merrimac Restoration, Inc.
Suggested Disposition: Receive and File; Adopt Resolution(s)
25. Business License Refund
Request from Molo Oil for a refund of the Tobacco Permit DBO-024-15 for Puff -N -Snuff located at 1101 Rhomberg Ave.
Suggested Disposition: Receive and File; Approve
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)
ITEMS SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date indicated.
1. Linseed Oil - Amendment to Development Agreement
City Manager recommending that a public hearing be set for October 20, 2014, on amending the Development
Agreement with Wilmac Property Company for the property located at 151 East 9th Street.
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 Obligations and the execution of an Amendment to the
Development Agreement between the City of Dubuque, Iowa and Betty Building, LLC, and providing for the publication
of notice thereof
Other
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for 10/20/14
2. 911 High Bluff Retaining Wall Project
City Manager recommending authorization for the public hearing procedure and special assessment process for the
911 High Bluff Retaining Wall Repair Project, and further recommends that a public hearing be set for November 3,
2014, to approve the final assessment process.
RESOLUTION Setting date of public hearing on special assessment
Other
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for 11/3/14
BOARDS/COMMISSIONS
1. Review of Application(s)
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.
Community Development Advisory Commission
One, 3 year term through February 15, 2016 (Vacant term of Corken)
Applicant:
Michelle Hinke, 973 Patricia Ann Dr.
Environmental Stewardship Advisory Commission
One, 3 year term through October 1, 2017 (Vacant term of Bergum)
Applicant:
Lalith Jayawickrama, 2360 Cherry St
2. Appointments of Applicant(s)
Appointments to the following commissions to be made at this meeting.
Airport Commission
Two, 4 -year terms through September 14, 2018 (Expiring terms of Accinelli and Daoud)
Applicants:
Steven Accinelli, 3007 Huntington Dr.
R.J. Blocker, 880 Kane St.
Dan Nicholson, 889 Walker St.
This commission is subject to the State of Iowa Gender Balance Law.
5 Commissioners total; currently 1 males/2 females/2 Pending Appointments
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. Upper Bee Branch Creek Restoration Project - 429 Rhomberg Avenue Stabilization Project
Proof of publication on notice of public hearing to consider approval of plans, specifications, form of contract, and
estimated cost for the Upper Bee Branch Creek Restoration Project - 429 Rhomberg Avenue Stabilization Project and
the City Manager recommending approval.
RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the 429 Rhomberg
Stabilization Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
2. Rockfarm Holdings, Inc. - Development Agreement and Property Acquisition
Proof of publication on notice of public hearing to consider approval of a Development Agreement between the City of
Dubuque and Rockfarm Holdings, Inc., and for the acquisition of 4.28 acres in the Dubuque Technology Park Economic
Development District, and the City Manager recommending approval.
RESOLUTION Approving a Development Agreement by and between the City of Dubuque, Iowa and Rockfarm
Holdings, Inc. providing for the sale of Lot 7 Block 2 of Dubuque Technology Park in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
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. English Mill Water Main Extension Project - Approval of Specifications (Tabled from September 15, 2014)
City Manager recommending approval of the plans, specifications, form of contract and the estimated cost for the
English Mill Road Water Main Extension Project.
RESOLUTION Approval of specifications, form of contract, and estimated cost for the English Mill Water Main
Extension Project
Other
Suggested Disposition: Remove from Table; Receive and File; Adopt Resolution(s)
2. English Mill Road Pumping Facility Project - Approval of Specifications (Tabled from September 15, 2014)
City Manager recommending approval of the plans, specifications, form of contract and the estimated cost for the
English Mill Road Pumping Facility Project.
RESOLUTION Approval of specifications, form of contract, and estimated cost for the English Mill Road Pumping
Facility Project
Other
Suggested Disposition: Remove from Table; Receive and File, Adopt Resolution(s)
3. English Mill Road Water Main Extension Project Award
City Manager recommending award of the contract for the English MN Road Water Main Extension Project to the low
bidder, McClain Excavating Company, Inc.
RESOLUTION Awarding public improvement contract for the English Mill Water Main Extension Project CIP 740-2504
Suggested Disposition: Receive and File; Adopt Resolution(s)
4. English Mill Road Pumping Facility Project Award
City Manager recommending award of the English Mill Road Pumping Facility Project contract to the only bidder,
Portzen Construction, Inc.
RESOLUTION Awarding public improvement contract for the English Mill Road Pumping Facility Project CIP 740-2504
Suggested Disposition: Receive and File; Adopt Resolution(s)
5. Kunkel & Associates - Urban Revitalization Application
City Manager recommending approval of a resolution authorizing the submission of a Business Financial Assistance
Application by Kunkel & Associates, Inc., to the Iowa Economic Development Authority.
RESOLUTION Authorizing the filing of an application for state business financial assistance on behalf of Kunkel &
Associates, Inc.
Suggested Disposition: Receive and File; Adopt Resolution(s)
Code of Ordinances Amendment - Title 2 Arts and Cultural Affairs Advisory Commission
City Manager approval of an ordinance which repeals Title 2, Chapter 8 Arts and Cultural Affair Advisory Commission
and adoption of a new Title 2, Chapter 8 which establishes the Arts and Cultural Affairs Advisory Commission and
provides for the powers, operation, membership and meetings.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions by repealing Chapter 8
Arts and Cultural Affairs Advisory Commission and adopting a new Chapter 8 Arts and Cultural Affairs Advisory
Commission in lieu thereof establishing the Arts and Cultural Affairs Advisory Commission and providing for the powers,
operation, membership, and meetings
Suggested Disposition: Receive and File; Motion B; Motion A
7. Code of Ordinances Amendment - Title 5 Transit Advisory Board
City Manager recommending approval of an amendment to Code of Ordinances, Title 5 Transit Advisory Board that
provides for additional definitions as recommended by the Federal Transit Administration.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 5 Transit System, Chapter 1 Transit Advisory Board;
General Provisions, Section 5-1-14 Fare Increase or Reduction in Service, Procedure by adding the definition for
Substantial Reduction in Service
Suggested Disposition: Receive and File; Motion B; Motion A
8. Four Mounds HEART Program - Memorandum of Understanding
City Manager recommending approval of a Memorandum of Understanding between the City of Dubuque's Housing
and Community Development Department and Four Mounds Foundation for the Housing Education and Rehabilitation
Training (HEART) Program.
Suggested Disposition: Receive and File; Approve
9. Home Base Iowa Business
City Manager recommending approval for the City of Dubuque becoming a Home Base Iowa Business and authorize
the City Manager to sign the agreement.
Suggested Disposition: Receive and File; Approve
10. Hass Institute - Local and Regional Government Alliance on Race and Equity
City Manager recommending approval for the City of Dubuque to enter into a Memorandum of Agreement with the Haas
Institute and to join the Local and Regional Government Alliance on Race and Equity.
Suggested Disposition: Receive and File; Approve
11. Final Plat of English Ridge Subdivision No. 6
City Manager recommending approval of the final plat of English Ridge Subdivision No. 6.
RESOLUTION Authorizing approval of the Final Plat of English Ridge Subdivision No. 6 in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
12. East Dubuque Ambulance Assist - Medical Aid Agreement
City Manager recommending approval of an agreement for Paramedic Services with the City of East Dubuque, Illinois.
Suggested Disposition: Receive and File; Approve
13. Request for Work Session - Dubuque Metropolitan Area Solid Waste Agency (DMASWA)
City Manager requesting that the City Council schedule a Work Session for Monday, October 20, at 5:30 p.m. regarding
the Dubuque Metropolitan Area Solid Waste Agency's (DMASWA) overview of current Agency operations, plans for the
future, and need to borrow monies for upcoming capital projects.
Suggested Disposition: Receive and File; Council
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