12 15 14 City Council Agenda ROLL CALL ORDER FOR MEETING OF
December 15, 2010
Bull, B21g, Connors, Jones, Lynch, Resnick, Sutton
CITY OF DUBUQUE IOWA
�y OF Ov CITY COUNCIL MEETING
t 0 Historic Federal Building
EE 350 W 6[b Street
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Council meemngs are video streamed live and archived at voomeci[yoftlubuqueorg/media and on Dubuque's
CM1yCbannel on the Med acorn cable system at Channel (analog) and 85.2 (digitap.
RE GU AR SESSION
6:30 PM
PLEDGE OF ALLEGIANCE
PROCUM TIONS)
1. US Sen#or Tom Harkin Proclamation
CONSENT ITEMS
The consent agenda items are considered to be Future and noncontroversial and all consent items will be normally voDd
upon in a single motion wltlhoutany separate discussion on a particular item If youwoultl like to discuss one of the Consent
Items, please go to the microphone and be recognized by the Mayor and statethe item youwoultl like removed from the
Consent Agenda for separate discussion and consideration.
1. Minutes and Reports Subm ifted
Cable TV Commisslon Minutes 11/5 Civil Service Minutes 11/15, Civil Senn ce H eahgg l2-1 Electrical Code Board
Minutes 11/24, Hlsthhcal Preservation Com misalon Minutes 11 P20 J olnt Labor Management H card Care Com in Joe
Minutes 10/23', Long Range Planning Advisory Com misslon Minutes 11/19, Zoning Board of Adjustments Minutes 11/20
Zoning A Wlsaw Commisslon Minutes 1223, Proof of Publication for City Council proceedings of 11/1T, Pmet of Publication
for List of Claims and Summary of Revenues for Me Month 1631
Suggested DisposiEon: Receive and File
2. NMice of Claims and Suits
Rose Ann Koeryehch for personal Injury; Janaan and Mary Penn and for property dam age Ethel Schneider for property
damage
Suggested DisposiEon: Receive and File; Refer W City Attorney
3. Disposition M Claims
CH Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the
Com Punitles Assurance Pool. Rose Anne Koeryetch for personal Injury; Janaan Redmond for property damage;
Ethel Smneiderfor properly damage Jordan Stocks for vehicle dam age university of Dubuque for property damage;
Suggested DisposiEon: Receive and File; Concur
0. Total Administrative Services Corporation ITASC) Fee Renewal
City Manager recommending approval of the adm inlstrative services fee of Total Ann lnlstrative Services Coryoraton
LAS C) the Cltys flexible spending plan adm lnlstrathr.
Suggested DisposiEon: Receive and File; Approve
B. Civil Service Commission
Coil Service Commission submitting the cehlfledlistfor the position of Records Celm
Suggested DisposiEon: Receive and File; Make Matter of Record
6. SRF Green Alley P rdect Bid SM O - Year l Acceptance
City Manager recommending acceptance of the construction contractand the establishment of the Final Schedule of
Assessments for the SRF Green Alley— Bid Set 4 Year- 1 Project, as completed by Drew Cook and Sons Excavating.
RESOLUTION Accepting the SRF Green Alley Project - Bid Set 4 Year- 1 and authorizing the payment of the contract
amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
7. Collective Bargaining Agreement Amendment-Teamsters Local 120 (Bus Operators)
City Manager recommending approval of the Amendment to the Collective Bargaining Agreement between the City of
Dubuque and Teamsters Local No. 120 (Bus Operators) effective December 1, 2014.
Suggested Disposition: Receive and File; Approve
8. Snow Removal Assessment North Booth Street
City Manager recommending approval of the Final Assessment Schedule for 1050 North Booth Street for the 2014-2015
Snow/Ice Removal from City Right-of-Way Program.
RESOLUTION Adopting the Final Assessment Schedule for the 2014-2015 Snow/Ice Removal Assessment — Right-of-Way
Obstruction Removal Assessment Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
9. Actuarial Valuation of Post Employment Benefit Plans
City Manager recommending that the SilverStone Group be selected to conduct the GASB-45 actuarial valuation for 2015.
Suggested Disposition: Receive and File; Approve
10. Curb Access Ramps Phase 4 Acceptance
City Manager recommending acceptance of the Asphalt Overlay Project—Curb Access Ramps Phase Four, as completed
by Midwest Concrete, Inc.
RESOLUTION Accepting the Asphalt Overlay Project Curb Access Ramps Phase Four and authorizing the payment of the
contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
11. Center Grove Storm Sewer Project Acceptance
City Manager recommending that the award for the West 32nd Street Storm Sewer Project be officially recorded in the
minutes of the City Council.
Suggested Disposition: Receive and File; Make Matter of Record
12. One-Way to Two-Way Conversion Project Acceptance
City Manager recommending acceptance of the 9th Street and 11th Street One-Way to Two-Way Conversion Project, as
completed by Portzen Construction.
RESOLUTION Accepting the 9th Street and 11th Street One-Way to Two-Way Conversion Project and authorizing the
payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
13. Water and Resource Recovery Center Cement Curb Project
City Manager recommending that the award for the Water& Resource Recovery Center Concrete Curb Installation Project
be officially recorded in the minutes of the City Council.
Suggested Disposition: Receive and File; Make Matter of Record
14. West 32nd Street Storm Sewer Project Acceptance
City Manager recommending that the award for the West 32nd Street Storm Sewer Project be officially recorded in the
minutes of the City Council.
Suggested Disposition: Receive and File; Make Matter of Record
15. Bee Branch Creek Basin Overlook Project, Project Endorsement
City Manager recommending approval of a resolution establishing the City's support for the Lower Bee Branch Overlook at
the 15th Street Detention Basin Project and providing assurance that the City will maintain the improvements for 20 years
following completion of the project.
RESOLUTION Providing the City's support for the Lower Bee Branch Overlook at the 16th Street Detention Basin Project
and assurance that the improvements will be maintained following completion of the project
Suggested Disposition: Receive and File; Adopt Resolution(s)
16. Title Transfer for 1598 Washington Street
City Manager recommending approval of a resolution transferring title of City-owned real property located at 1598
Washington Street to Community Housing Initiatives Inc. (CHI).
RESOLUTION Approving the Transfer of Title of Real Estate Located at 1598 Washington Street, in the City of Dubuque,
Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
17. Dollinc LLC Property Tax Appeals
City Attorney submitting correspondence advising that 13 property assessment appeals were withdrawn by the taxpayer at
the Property Assessment Appeal Board for the 2013 and 2014 assessment years.
Suggested Disposition: Receive and File; Make Matter of Record
18. Iowa Department of Transportation Grant Agreement - Heritage Trail Parking Lot
City Manager recommending approval of the Iowa Department of Transportation Grant Agreement for the County/City
Heritage Trail Parking Lot along S. John Deere Road near US 52 and IA 32.
RESOLUTION Authorizing IDOT Grant Application for Development of County/City Heritage Trail Parking Lot
Suggested Disposition: Receive and File; Adopt Resolution(s)
19. Cities of Service City Hall Americorps VISTA Program
City Manager recommending approval of an application for the Cities of Service City Hall AmeriCorps VISTA Program.
Suggested Disposition: Receive and File; Approve
20. Pre-Annexation Agreement - Larry McDermott
City Manager recommending approval of the LT Investments, LLC Pre-Annexation Agreement in accordance with the
Fringe Area Development Standards.
Suggested Disposition: Receive and File; Approve
21. Clean Diesel Grant Contract
City Manager recommending approval of the United States Environmental Protection Agency Clean Diesel Grant to install
specialized muffler systems on four of the City of Dubuque's heavy trucks.
Suggested Disposition: Receive and File; Approve
22. Signed Contracts
Conlon Construction Change Order#2 for the Dubuque Intermodal Transportation Center.
Suggested Disposition: Receive and File
23. FY14 Human Rights Department Annual Report
Human Rights Director Kelly Larson is transmitting the Human Rights Commission's Annual Report for Fiscal Year 2014.
Suggested Disposition: Receive and File; Make Matter of Record
24. Cornerstone Government Affairs Service Agreement
City Manager recommending approval of an agreement with Cornerstone Government Affairs, LLC to assist the City in
identifying a solution to the pari-mutuel issue between the Iowa Greyhound Association and the Iowa Thoroughbred
Association.
Suggested Disposition: Receive and File; Approve
25. Liquor License Renewals
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. Interstate Power and Light Company Franchise Agreement
City Attorney recommending approval of a resolution setting a public hearing for January 5, 2015.
RESOLUTION Setting a Public Hearing on an Ordinance granting to Interstate Power and Light Company, its
successors and assigns, the right and non-exclusive franchise to acquire, construct, erect, maintain and operate in the
City of Dubuque, Iowa, an electric system and to furnish and sell electric energy to the City and its inhabitants and
authorizing the City to collect franchise fees for a period of 25 years
Suggested Disposition: Receive and File; Adopt Resolution(s)
2. Black Hills Energy Corporation Franchise Amendment
City Attorney recommending approval of a resolution setting a public hearing for January 5, 2015.
RESOLUTION Setting a Public Hearing on an amendment to City Of Dubuque Code of Ordinances Sec. 11-4-23:
Franchise Fee, authorizing the City Council to impose a franchise fee not to exceed three percent (3%) on the gross
revenue generated from the distribution and sale of natural gas or mixed gas within the City of Dubuque, by increasing
such authority to five percent (5%).
Suggested Disposition: Receive and File; Adopt Resolution(s)
BOARDS/COMMISSIONS
1. Review of Applications to the following Board/Commission.
Applicants are invited to address the Council regarding their application.
Housing Code Appeals Board
One, 3 year term through January 11, 2018 (Expiring term of Miller)
Applicant:
Fred Miller, 2462 Central Ave.
Human Rights Commission
Two, 3 year terms through January 1, 2018 (Expiring terms of Allen and Stewart)
One, 3 year term through January 1, 2017 (Vacant term of Ostwinkle)
Applicants:
Anthony Allen, PO Box 1721
Frederick Davis Jr., 348 West 1 st St.
Nikkole Nutter, 2897 Asbury Rd.
R.R.S Stewart, 460 Summit St.
Shirley Templeton Vaughn, 2973 Castle Woods Ln.
This commission is subject to the State of Iowa Gender Balance Law.
9 Commissioners total; currently 3 males/3 female
Zoning Advisory Commission
One, 3 year term through July 1, 2015 (Vacant term of Miller)
Applicants:
Justin McCarthy, 315 River Ridge St.
Laura Roussell, 3224 Bittersweet Ln.
Greg Yoko, 3660 Seville
This commission is subject to the State of Iowa Gender Balance Law.
7 Commissioners total; currently 5 males/1 female
Zoning Board of Adjustments
One, 5 year term through March 25, 2017 (Vacant term of Gibbs)
Applicant:
Bethany Golombeski, 65 Cambridge Ct.
This commission is subject to the State of Iowa Gender Balance Law.
5 Commissioners total; currently 3 males/1 female
2. Appointments to the following commissions to be made at this meeting.
Mediacom Charitable Foundation
One, 1 year term through December 31, 2015 (Expired term of Chavenelle)
Applicant:
Gail Chavenelle, 1155 Kelly Lane
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 to Amend ID District for New Education Facility- University of Dubuque
Proof of publication on notice of public hearing to consider a request by University of Dubuque to amend the
Institutional District on Auburn Street to construct a new educational facility adjoining the University Science Center and
the Zoning Advisory Commission recommending approval.
ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by providing
for the approval of an Amended Campus Development Plan for the University of Dubuque to allow construction of a
new Education Facility for the Physician Assistant Program
Suggested Disposition: Receive and File; Motion B; Motion A
2. Request to Amend ID District, Stoltz Center Gym Addition -University of Dubuque
Proof of publication on notice of public hearing to consider a request by University of Dubuque to amend the
Institutional District on McCormick Street to construct an addition to the Stoltz Center gymnasium to increase the
seating capacity and the Zoning Advisory Commission recommending approval.
ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by providing
for the approval of an Amended Campus Development Plan for the University of Dubuque to allow construction of an
addition to the Stoltz Center Gymnasium
Suggested Disposition: Receive and File; Motion B; Motion A
3. Request to Amend ID District, Addition to Boiler Room Building -Loras College
Proof of publication on notice of public hearing to consider a request by Loras College to amend the Institutional District
at 755 Loras/ 1450 Loras Parkway (formerly Cox Street) to create an addition to the existing Boiler Room building and
the Zoning Advisory Commission recommending approval.
ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by providing
for the approval of an Amended Campus Development Plan for the Loras College to allow construction of a new
Welcome Center
Suggested Disposition: Receive and File; Motion B; Motion A
4. Request to amend Dubuque Industrial Center ID District
Proof of publication on notice of public hearing to consider a request by Dubuque Humane Society/ Maria Benham to
amend the Dubuque Industrial Center Planned Unit Development to permit an electronic message sign at 4242
Chavenelle Road and the Zoning Advisory Commission recommending approval.
ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by amending
Ordinance 22-07, which established regulations for Dubuque Industrial Center, A Planned Unit Development with a
Planned Industrial Designation, located at the Southwest Corner of Highway 32 and Chavenelle Road and now being
amended to allow electronic message center signs within the Dubuque Industrial Center
Suggested Disposition: Receive and File; Motion B; Motion A
5. 2075 Holliday Drive Rezoning Request -Warrior Enterprises, LLC
Proof of publication on notice of public hearing to consider a request by Brian Kane/Warrior Enterprises, LLC to rezone
property located at 2075 Holliday Drive (Lot 1 of Holliday 6th Addition)from C-2 Neighborhood Shopping Center District
to C-3 General Commercial zoning district 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 along Holliday Drive from C-2 Neighborhood Shopping Center
District with Conditions to C-3 General Commercial District With Conditions
Suggested Disposition: Receive and File; Motion B; Motion A
6. Kunkel &Associates, Inc. -Urban Revitalization Area Plan
Proof of publication on notice of public hearing to consider adoption of an Urban Revitalization Plan for the Kunkel &
Associates Urban Revitalization Area with final approval on January 20, 2015 agenda and the City Manager
recommending approval.
Suggested Disposition: Receive and File
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. Lawful Source of Income Consideration
City Manager recommending an alternative process related to the Source of Income issue than that offered by the
Human Rights Commission.
Suggested Disposition: Receive and File; Council
2. Local & Regional Government Alliance on Race & Equity- Request to Join Amicus Curiae Brief
City Manager recommending approval for the City of Dubuque to sign an amicus curiae brief in a case called Inclusive
Communities Project v. Texas Department of Housing and Community Developmentthat is pending before the United
States Supreme Court.
Suggested Disposition: Receive and File; Approve
3. Diversity and Inclusion in Boards and Commissions
City Clerk recommending approval of a resolution for Diversity and Inclusion in Boards and Commissions, which
measures the community's progress towards becoming a more sustainable community
RESOLUTION Affirming the Dubuque City Council's commitment to diversity and inclusion through broad recruitment
and appointments to city boards and commissions so that residents of varied backgrounds are represented and have
the opportunity to provide input
Suggested Disposition: Receive and File; Adopt Resolution(s)
4. Code of Ordinances Amendment Title 10 -Sledding in City Parks
City Manager recommending approval of an ordinance prohibiting sledding, downhill skiing, snowboarding or
tobogganing on City property except in designated areas of certain parks.
ORDINANCE Amending Title 10 Public Ways And Property, Chapter 5 Parks And Recreation, Article B Use
Regulations by adopting a new Section 10-5b-23 Prohibiting Sledding, Downhill Skiing, Snowboarding or Tobogganing
Except in Certain Designated Areas in Certain City Parks
Suggested Disposition: Receive and File; Motion B; Motion A
5. River Boat Bench -Gift to City
The Arts and Cultural Affairs Commission recommending that the city accept the gift of a River Boat Bench as proposed
and the City Manager recommending not to accept this donation of artwork.
Suggested Disposition: Receive and File; Council
6. Fiscal Year 2016 Budget and Fiscal Policy Guidelines
City Manager recommending adoption of the Fiscal Year 2016 Budget Policy Guidelines.
Suggested Disposition: Receive and File; Approve
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 to Chapter 21.5(1)(c), -Q)Code of Iowa
ADJOURNMENT