10 20 14 City Council AgendaROLL CALL ORDER FOR MEETING OF
October20, 2014
Sutton, Braig, Buol, Connors, Jones, Lynch, Resnick
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
Historic Federal Building
350 W. 6th Street
October 20, 2014
Council meetings are video streamed live and archived atwww.cityofdubuque.org/media and on Dubuque's
CityChannel on the Mediacom cable system at Channel 8 (analog) and 85.2 (digital).
SPECIAL SESSION
1. 6:00 PM - Closed Session: Pending Litigation and Property Acquisition Pursuant to Chapter21.5(1)(c), -(j) Code
of Iowa
REGULAR SESSION
6:30 PM
PLEDGE OF ALLEGIANCE
PROCLAMATION5)
1. Keeping the Lights on Afterschool Day (October 23,2014)
2. Andrew Connolly Make a Difference Day (October25, 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. futinutes and Reports Submitted
City Council proceeding of 10/2, 1016; Human Rights Commission of 918; Library Board of Trustees of 8/28; Library Board
of Trustees Update of 9/25; Sister City Advisory Commission of 9/24; Zoning Advisory Commission of 10/1; Proof of
Publication for City Council proceedings of 9/15; Proof of Publication for List of Claims and Summary of Revenues Month
Ending 8131
Suggested Disposition: Receive and File
2. Disposition of Claims
City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent forthe
Iowa Communities Assurance Pool: June Crimmins for property damage, Kelly Davis for vehicle damage, Stephen
Launspach for property damage
Suggested Disposition: Receive and File; Concur
3. Notice of Claims and Suits
June Crimmins for property damage, Kelly Davis for vehicle damage; Stephen Launspach for property damage; City of
Dubuque vs. Michael Dennison, et al
Suggested Disposition: Receive and File; Refer to City Attorney
4. Sustainable Dubuque Quarterly Report
City Manager transmitting the Sustainable Dubuque Quarterly Report for September 2014.
Suggested Disposition: Receive and File
5. Sustainable Dubuque Community Grant Recommendations
City Manager recommending approval of the quarterly Sustainable Dubuque Community grant applications.
Suggested Disposition: Receive and File; Approve
6. Overview of Climate Change Impacts in the United States
City Manager transmitting information about the National Climate Assessment from the U.S. Global Change Research
Program
Suggested Disposition: Receive and File
7. Final Plat for Steger Heights No. 2
Zoning Advisory Commission recommending approval of the Final Plat for Steger Heights No. 2 subject to waiving the lot
frontage requirement for Lots 1, 3 and 4.
RESOLUTION Approving the Final Plat Steger Heights Plat 2 in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
8. WBBW Holliday Development Stormwater Fee Agreement Assignment to SJCG Properties
City Manager recommending approval of the Assignment of Stormwater Facilities Fee Agreement assigning WBBW
Holliday Development, LLC's interest in Lot 2 of Holliday 6th Addition, and Lot 1 of Lot 6 of Holliday 3rd Addition to the
purchaser of that property, SJCG Properties, LLC.
Suggested Disposition: Receive and File; Approve
9. Iowa Economic Development Authority (IEDA) - Community Energy Management Program Agreement
City Manager recommending approval for executing the City Energy Management Program Agreement.
Suggested Disposition: Receive and File; Approve
10. Multicultural Family Center Phase II Renovation
City Manager recommending approval of the execution of a Professional Services Agreement between the City of Dubuque
and Selser Schaefer Architects for design and construction administration services for the Multicultural Family Center —
Phase II Renovation Project.
Suggested Disposition: Receive and File; Approve
11. Property Acquisition - 610 Wilbur Street
City Manager recommending approval to purchase the property at 610 Wilbur Street owned by Brian and Cynthia Harker
for the removal of deteriorating retaining walls on the property and stabilization of the bluff embankment to allow for the
reconstruction of Wilbur Street so that it can be reopened to vehicular traffic.
RESOLUTION Approving the acquisition of real estate owned by Brian and Cynthia Harker in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution(s)
12. Property Acquisition - 215 Cousins Road (SW Arterial Project)
City Manager recommending acceptance of the Warranty Deed to the property at 215 Cousins Road in connection with the
Southwest Arterial Project.
RESOLUTION Accepting the deed to certain real estate in Dubuque County, Iowa from Thomas a. Pfeiffer and Charlotte K.
Pfeiffer
Suggested Disposition: Receive and File; Adopt Resolution(s)
13. Property Acquisition - 103 Cousins Road (SW Arterial Project)
City Manager recommending acceptance of the Warranty Deed to the property at 103 Cousins Road in connection with the
Southwest Arterial Project.
RESOLUTION Accepting the deed to certain real estate in Dubuque County, Iowa from Dennis H. Kollars and Susan A.
Kollars
Suggested Disposition: Receive and File; Adopt Resolution(s)
14. Property Acquisition - 121 Cousins Road (SW Arterial Project)
City Manager recommending Council acceptance of the Warranty Deed to the property at 121 Cousins Road in connection
with the Southwest Arterial Project.
RESOLUTION Accepting the deed to certain real estate in Dubuque County, Iowa from Arthur D. Rokusek and Karen K.
Rokusek
Suggested Disposition: Receive and File; Adopt Resolution(s)
15. GNZ Property Tax Appeals
City Attorney advising that the petitioners for the GNZ Properties and Housing Cooperative have withdrawn their property
tax appeals.
Suggested Disposition: Receive and File
16. Kunkel & Associates, Inc. Urban Revitalization Area
City Manager recommending approval of a Resolution of Finding for the Kunkel & Associates property in the Dubuque
Technology Park.
RESOLUTION Urban Revitalization Resolution of Finding that the Rehabilitation, Conservation, Redevelopment, Economic
Development, or a combination thereof of Lot 6 Block 2 of Dubuque Technology Park in the City of Dubuque, Iowa is
necessary in the interest of public health, safety, or welfare of the residents of the City
Suggested Disposition: Receive and File; Adopt Resolution(s)
17. Linseed Oil, LLC - Collateral Assignments to Merrimac and Betty Building, LLC
City Manager recommending approval of collateral assignments of both the Development Agreement and the Community
Development Block Grant (CDBG) Subrecipient Agreement for the Linseed Oil Building project to Dubuque Bank & Trust.
RESOLUTION Approving Collateral Assignment of Development Agreement and Collateral Assignment of Subrecipient
Agreement related to rehabilitation of the former Linseed Oil Building
Suggested Disposition: Receive and File; Adopt Resolution(s)
18. Mediacom Communications Company
Correspondence from Mediacom Communications Company advising the City of programming changes on or about
November 9, 2014.
Suggested Disposition: Receive and File
19. Signed Contract(s)
Agreement with the Red Cross for Emergency Shelters; Dubuque Intermodal Transportation Center Change Order #1
(Parts I & II)
Suggested Disposition: Receive and File
20. Improvement Contracts / Performance, Payment and Maintenance Bonds
Drew Cook and Sons Excavating, Inc., for the SRF Green Alley Project Bid Set 2 - Year 2
Suggested Disposition: Receive and File; Approve
21. Alcohol Compliance Civil Penalty for Alcohol License Holders — Extreme Pub
City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation
for Exxtreme Pub, 1701 Central Avenue.
Suggested Disposition: Receive and File; Approve
22. Alcohol Compliance Civil Penalty for Alcohol License Holders — Knicker's Saloon
City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation
for Knicker's Saloon, 2186 Central Avenue.
Suggested Disposition: Receive and File; Approve
23. 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. North Cascade Road Area - Housing Urban Renewal Plan
City Manager recommending approval of a Resolution of Necessity that finds that a Housing Urban Renewal Plan for
the North Cascade Road Area is both necessary and appropriate, and sets a public hearing on the proposed
amendment for December 1, 2014.
RESOLUTION of Necessity finding that certain property along North Cascade Road is an Economic Development Area
and that the Development of said Area is necessary in the interest of the residents of the City of Dubuque
Suggested Disposition
Receive and File; Adopt Resolution(s), Set Public Hearing for 12/1/14
2. Taxable General Obligation Capital Loan Notes (Urban Renewal and Parking), Series 2014C
City Manager recommending that a public hearing be set for November 3, 2014, on the proposition of selling not to
exceed $8,625,000 in Taxable General Obligation Bonds.
RESOLUTION Fixing date for a meeting on the authorization of a Loan Agreement and the issuance of not to exceed
$8,265,000 General Obligation Capital Loan Notes, Series 2014, of the City of Dubuque, State Of Iowa, and providing
for publication of notice thereof
Suggested Disposition
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for 11/3/14
3. Tax -Exempt General Obligation Bonds Series 2014B
City Manager recommending that a public hearing be set for November 3, 2014, on the proposition of selling not to
exceed $18,335,000 in Tax -Exempt General Obligation Bonds.
RESOLUTION Fixing date for a meeting on the authorization of a Loan Agreement and the issuance of not to exceed
$18,335,000 General Obligation Capital Loan Notes, Series 2014, of the City of Dubuque, State of Iowa, and providing
for publication of notice thereof
Suggested Disposition
Suggested Disposition: Receive and File, Adopt Resolution(s), Set Public Hearing for 11/3/14
4. Taxable General Obligation Bonds, Series 2014C
City Manager recommending that a public hearing be set for November 3, 2014, on the proposition of selling not to
exceed $500,000 in Taxable General Obligation Bonds.
RESOLUTION Fixing date for a meeting on the authorization of a Loan Agreement and the issuance of not to exceed
$500,000 General Obligation Capital Loan Notes, Series 2014, (for General Corporate Purposes) of the City of
Dubuque, State of Iowa, and providing for publication of notice thereof
Suggested Disposition
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for 11/3/14
5. Tax -Exempt General Obligation Bonds, Series 2014B
City Manager recommending that a public hearing be set for November 3, 2014, on the proposition of selling not to
exceed $575,000 in Tax -Exempt General Obligation Bonds.
RESOLUTION Fixing date for a meeting on the authorization of a Loan Agreement and the issuance of not to exceed
$575,000 General Obligation Capital Loan Notes, Series 2014, (for General Corporate Purposes) of the City of
Dubuque, State of Iowa, and providing for publication of notice thereof
Suggested Disposition
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for 11/3/14
BOARDS/COMMISSIONS
1. Appointments of Applicant(s)
Appointments to the following commissions to be made at this 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
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. Request for Planned Commercial District Amendment - Theisen's
Proof of publication on notice of public hearing to consider a request by Theisen's / STP Holdings / Tony Theisen to
amend the Theisen's PC Planned Commercial District sign regulations at 2900 Dodge Street and the Zoning Advisory
Commission recommending approval.
ORDINANCE Amending Title 16 the Unified Development Code of the City of Dubuque Code of Ordinances, by
Amending Ordinance 35-03 which established regulations for a PUD Planned Unit Development District with a Pc
Planned Commercial Designation for Theisen's and now being amended to allow for new signage
Suggested Disposition: Receive and File; Motion B; Motion A
2. Request to Rezone 2663 Roosevelt Street
Proof of publication on notice of public hearing to consider a request by Leonard & Jody Koopman to rezone property
located at 2663 Roosevelt Street from R-1 Single Family Residential to AG Agriculture to permit Row Crops, Orchards
and Livestock and the Zoning Advisory Commission recommending approval.
ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property located at 2663 Roosevelt from R-1 Single -Family Residential District to AG
Agricultural District
Suggested Disposition: Receive and File; Motion B; Motion A
3. Request to Rezone 815 Rose Street
Proof of publication on notice of public hearing to consider a request by B.M. Properties / Brandon Merrick to rezone
property located at 815 Rose Street from R-2 Two Family Residential to R-3 Moderate Density Multi Family Residential
to permit the addition of a dwelling unit to an existing 5-plex and the Zoning Advisory Commission recommending
approval with conditions.
ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property located at 815 Rose Street from R-2 Two -Family Residential District to R-3
Moderate Density Multi -Family Residential District with conditions as established in the attached Memorandum of
Agreement
Suggested Disposition: Receive and File; Motion B; Motion A
4. Linseed Oil Building -Amendment to Development Agreement
Proof of publication on notice of public hearing to consider amending the Development Agreement with Wlmac
Property Company for the property located at 151 East 9th Street and the City Manager recommending approval.
RESOLUTION Approving the First Amendment to the Development Agreement between the City of Dubuque, Iowa,
and Betty Building, LLC
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. Greater Dubuque Development Corporation - Quarterly Update
President and CEO Rick Dickinson to present the quarterly update on the activities of the Greater Dubuque
Development Corporation.
Suggested Disposition
Suggested Disposition: Receive and File; Presentation
2. English Mill Water Main Extension Project Award (Tabled from October 2, 2014)
City Manager to make a final recommendation on the award of the English Mill Water Main Extension Project.
RESOLUTION Awarding public improvement contract for the English Mill Water Main Extension Project (CIP 740-2504)
Suggested Disposition
Suggested Disposition: Remove From Table; Receive and File, City Manager
3. English Mill Road Pumping Facility Project Award (Tabled from October 2, 2014)
City Manager to make a final recommendation on the English Mill Road Pumping Facility Project Award.
RESOLUTION Awarding public improvement contract for the English Mill Road Pumping Facility Project (CIP 740-2504)
Suggested Disposition
Suggested Disposition: Remove From Table; Receive and File, City Manager
4. Upper Bee Branch Creek Restoration Project - 429 Rhomberg Avenue Stabilization Project Award
City Manager recommending award of the contract for the 429 Rhomberg Stabilization Project to the low bidder R&W
Restoration, LLC.
RESOLUTION Awarding public improvement contract for the 424 Rhomberg Stabilization Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
5. Environmental Stewardship Advisory Commission - Retail Plastic Bag Elimination
Correspondence from the Environmental Stewardship Advisory Commission requesting additional action on
implementing the retail plastic bag reduction plan.
Suggested Disposition: Receive and File; Council
6. Code of Ordinances Amendment - Title 9 Speed Limit Reduction
City Manager recommending approval of an amendment to City Ordinance 9-7-321.285 to reduce the speed limit from
35 mph to 25 mph on Kerper Boulevard from Pine Street to 11th Street.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 7 Operation,
Division 5 Speed Restrictions, Section 9-7-321.285 Limits Generally by amending the speed limit for a portion of Kerper
Boulevard from 35 M.P.H. to 25 M.P.H.
Suggested Disposition: Receive and File; Motion B; Motion A
7. Request for Work Session - Dubuque Metropolitan Area Solid Waste Agency
City Manager requesting that the City Council schedule a work session for Monday, November 3 at 5:30 p.m. regarding
the Dubuque Metropolitan Area Solid Waste Agency's overview of current Agency operations, plans for the future, and
need to borrow monies for upcoming capital projects.
Suggested Disposition: Receive and File; Council
8. Request for Work Session - Sustainable Dubuque Quarterly Work Session
City Manager requesting that the City Council set the quarterly Sustainable Dubuque Work Session for Monday,
December 1, at 5:00 p.m.
Suggested Disposition: Receive and File; Council
9. National League of Cities Voting Delegates
Correspondence from the National League of Cities requesting that the City designate a voting delegate and alternate
voting delegate for the upcoming National League of Cities Annual Business meeting on November 22, 2014.
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