7 20 15 Clerk's Skelton Notes and Meeting CallTO: Kevin S. Firnstahl, City Clerk
You are hereby directed to call a Regular Session of the City Council to be
held on Monday, July 20, 2015 at 6:30 PM in the Historic Federal Building for the
purpose of conducting such businss that may properly come before the City
Council.
Consent Items: Pages 1-4
O
!toy D. Buol, Mayor
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on July 20, 2015 in the
Historic Federal Building, 350 W. 6th Street.
Prsrsent: Mayor B4ol; Council Members Braig Cori'nors, Jo T s, /L We/h,j Resnick,
y
,Sutton; City Manager .an Milligen, City Attory Lindahl
Ab
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.
PLEDGE OF ALLEGIANCE
PROCLAMATION(S)
1. Dubu ue County fair Week (July 28 -August 2, 2015) was accepted by
2. Americans with Dis bilities Act (ADA) 25th Anniversary (July 26, 2015) was accepted
by .
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CONSENT ITEMS
1. Minutes and Reports Submitted
City Council Proceedings of 7/6; Civil Service Commission of 6/14; Human Rights
Commission of 6/2, 6/8; Library Board of Trustees of 5/28; Library Board of Trustee
Update of 7/1; Park and Recreation Advisory Commission of 6/9; Zoning Advisory
Commission of 7/1; Zoning Board of Adjustment of 6/25; Proof of Publication for City
Council Proceedings of 6/15; Proof of Publication for List of Claims and Summary of
Revenues for Month Ended 5/31
Suggested Disposition: Receive and File; Approve
2. Notice of Claims and Suits
Linda Schoenberger for property damage; City of Dubuque vs. Jerryl Gesie et al.; City
of Dubuque vs. Jesse Rans et al.; City of Dubuque vs. Blake and Linda Schellenberg et
al.
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: Elaine Evers for
vehicle damage; Tim Mueller for monetary Toss; Linda Schoenberger for property
damage
Suggested Disposition: Receive and File; Concur
4. Sustainable Dubuque Community Grant Recommendations
City Manager recommending approval of five grant requests from the Sustainable
Dubuque Community Grant program.
Suggested Disposition: Receive and File; Approve
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5. Request for Proposal - Bee Branch Flood Control Pumping Station Gates and
Primary Electric Service Replacement Project
City Manager recommending approval to proceed with the issuing of a Request for
Proposals for design and engineering services for the Bee Branch Flood Control
Pumping Station Gates and Primary Electric Service Replacement Project.
Suggested Disposition: Receive and File; Approve
6. ITC Midwest Easement Agreement
City Manager recommending approval of two Easement Agreements for Public
Sidewalk with ITC Midwest.
Suggested Disposition: Receive and File; Approve
7. Operating Engineers Collective Bargaining Agreement Amendment
City Manager recommending approval of an Amendment to the Collective Bargaining
Agreement with the International Union of Operating Engineers, Local #234 to provide
for a work week that consists of ten hours per day and four days per week for full-time
Public Safety Dispatchers.
Suggested Disposition: Receive and File; Approve
8. ISO Public Protection Classification
Correspondence from the Insurance Service Office (ISO) providing results of their
recent Public Protection Classification survey that provides an analysis and
classification of the structural fire suppression delivery system for Dubuque.
Suggested Disposition: Receive and File
9. Limited Term Engineering Technician Position
City Manager recommending approval to create one limited term (duration two years)
Engineering Technician position in the Engineering Department.
Suggested Disposition: Receive and File; Approve
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10. Ainley Kennels & Fabrication, Inc. et al. v. City of Dubuque
City Attorney transmitting the Court's ruling regarding the lawsuit brought by 18
manufacturing plaintiffs seeking rebates of natural gas franchise fees.
Suggested Disposition: Receive and File
11. Pre -Annexation Agreement - Gronen/Mulgrew
City Manager recommending approval of a Pre -Annexation Agreement with Mary
(Mulgrew) Gronen and the Robert J. Mulgrew Marital Trust for approximately 30.5 acres
located along White Top Road near the entrance to Swiss Valley Park in Dubuque
County.
RESOLUTION 245-15 Approving a Pre -Annexation Agreement between the City of
Dubuque, Iowa and Mary (Mulgrew) Gronen and American Trust And Savings Bank,
Trustees of the Robert J. Mulgrew Marital Trust under Article VI of the Last Will and
Testament of Robert J. Mulgrew and the Mary Lou Mulgrew Revocable Trust dated
January 22, 2008
Suggested Disposition: Receive and File; Adopt Resolution(s)
12. 2015 Pavement Marking Project Award
City Manager recommending that the award for the 2015 Pavement Marking Project be
officially recorded in the minutes of the City Council.
Suggested Disposition: Receive and File; Make Matter of Record
13. 610 Wilbur Street Deconstruction Project Recording Award Memo
City Manager recommending that the award for the deconstruction of 610 Wilbur Street
Project be officially recorded in the minutes of the City Council.
Suggested Disposition: Receive and File; Make Matter of Record
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14. Family Self -Sufficiency Grant Application
City Manager recommending approval to submit a grant application to fund the three
existing Family Self -Sufficiency Coordinator positions.
RESOLUTION 246-15 Authorizing the Mayor to execute an application for the HUD
Family Self -Sufficiency Program Grant and authorizing the Director of Housing and
Community Development and the City Manager to approve the application
Suggested Disposition: Receive and File; Adopt Resolution(s)
15. Schedule of Assessments- Garbage/Junk/Weeds, Start 2015
City Manager recommending the levy of special assessments for the
Weed/June/Garbage Enforcement Programs for properties inspected from November 1,
2014 to June 30, 2015.
RESOLUTION 247-15 Adopting the Schedule of Assessments for 2015 and directing
the City Clerk to certify the Schedule of Assessments to the County Treasurer and to
publish notice thereof
Suggested Disposition: Receive and File; Adopt Resolution(s)
16. CDBG Grant Agreement - Four Mounds HEART Program
City Manager recommending approval of the Community Development Block Grant
(CDBG) Grant Agreement with Four Mounds HEART Program.
Suggested Disposition: Receive and File; Approve
17. Contracted Services Grant Agreement - Hills and Dales Senior Center Lifetime
Program
City Manager recommending approval of a revised Contracted Service Agreement with
Hills and Dales Senior Center Lifetime Program.
Suggested Disposition: Receive and File; Approve
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18. Purchase of Services Grant Agreement - Opening Doors
City Manager recommending approval of a revised Purchase of Services Grant
Agreement with Opening Doors.
Suggested Disposition: Receive and File; Approve
19. Purchase of Services Grant Agreement- Project Concern Information and
Referral
City Manager recommending approval of a revised Purchase of Services Agreement
with Project Concern to assist Project Concern's 211 Center.
Suggested Disposition: Receive and File; Approve
20. Purchase of Services Agreement - Almost Homes at St. John's
City Manager recommending approval of a revised Purchase of Services Grant
Agreement with Almost Home at St. John's.
Suggested Disposition: Receive and File; Approve
21. Purchase of Services Grant - St. Mark Youth Enrichment
City Manager recommending approval of a revised Purchase of Services Grant
Agreement with St. Mark's Youth Enrichment.
Suggested Disposition: Receive and File; Approve
22. Purchase of Services Agreement - Dubuque YMCA/YWCA
City Manager recommending approval of a revised Purchase of Services Grant
Agreement with the Dubuque Community YMCA/YWCA Victim Services Shelter.
Suggested Disposition: Receive and File; Approve
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23. Dubuque Furniture & Flooring Selective Demolition & Restoration Project
Acceptance
City Manager recommending acceptance of the construction contract for the Dubuque
Furniture & Flooring Selective Demolition & Restoration Project as completed by Epic
Construction.
RESOLUTION 248-15 Accepting the Dubuque Furniture & Flooring Selective
Demolition & Restoration Project and authorizing the payment to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
24. Acceptance of EPA Environmental Education Grant
City Manager recommending approval to partner with the University of Iowa to accept
the Environmental Protection Agency Environmental Education grant and to enter into
an agreement to act as a subgrantee of the University of Iowa.
Suggested Disposition: Receive and File; Approve
25. Brownfields Assessment Cooperative Agreement Amendment - ECIA
City Manager recommending approval of an amended contract for services from East
Central Intergovernmental Association regarding the 2013 EPA Brownfields
Assessment Grant.
RESOLUTION 249-15 Authorizing approval of an Amended and Restated Contract
between the City of Dubuque, Iowa and East Central Intergovernmental Association for
grant administration for the 2013 Environmental Protection Agency Brownfields
Assessment Cooperative Agreement
Suggested Disposition: Receive and File; Adopt Resolution(s)
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26. Brownfields Area -Wide Planning Grant Contract - ECIA
City Manager recommending approval of a contract with East Central Intergovernmental
Association (ECIA) to provide administrative services in relation to the EPA Brownfields
Area -Wide Planning Grant.
RESOLUTION 250-15 Approving an agreement between the City of Dubuque, Iowa and
East Central Intergovernmental Association for grant administration for the 2015
Environmental Protection Agency Area Wide Planning Grant
Suggested Disposition: Receive and File; Adopt Resolution(s)
27. Alcohol Compliance Civil Penalty for Alcohol License Holder — Eagle Country
Market
City Manager recommending approval of the Acknowledgement/Settlement Agreement
for a tobacco compliance violation for Eagle Country Market, 1800 Elm Street.
Suggested Disposition: Receive and File; Approve
28. Alcohol Compliance Civil Penalty for Alcohol License Holder — Fife's
City Manager recommending approval of the Acknowledgment/Settlement Agreement
for an alcohol compliance violation for Fife's, 1113 Main Street.
Suggested Disposition: Receive and File; Approve
29. Alcohol License Applications
City Manager recommending approval of annual liquor, beer, and wine licenses as
submitted.
RESOLUTION 251-15 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
Suggested Disposition: Receive and File; Adopt Resolution(s)
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ITEMS SET FOR PUBLIC HEARING
1. NW Arterial Hike/Bike Trail Phases 4 & 5 8/3/15
2. Federal Building Lease with Iowa State University 8/3/15
3. Dubuque Industrial Center Economic Development District - Urban Renewal plan
Amendment 9/8/15
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1. NW Arterial Hike/Bike Trail Phases 4 & 5
City Manager recommending initiation of the public bidding procedure for the Iowa 32
Hike -Bike Trail -Phase 4 & 5 Project, and further recommends that a public hearing be
set for August 3, 2015.
RESOLUTION 252-15 Preliminary approval of plans, specifications, form of contract,
and estimated cost; setting date of public hearing on plans, specifications, form of
contract, and estimated cost; and ordering the advertisement for bids
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for
8/3/15
2. Federal Building Lease with Iowa State University
City Manager recommending that a public hearing be set for August 3, 2015, on Lease
Agreement between the City of Dubuque and the Iowa State University in the Historic
Federal Building.
RESOLUTION 253-15 Resolution of Intent to dispose of an interest in real property
owned by the City of Dubuque, Iowa, by lease between the City and Iowa State
University of Science and Technology
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for
8/3/15
3. Dubuque Industrial Center Economic Development District - Urban Renewal
plan Amendment
City Manager recommending approval of a Resolution of Necessity that begins the
process of amending the Urban Renewal Plan for the Dubuque Industrial Center
Economic Development District and set a public hearing on the proposed amendment
for September 8, 2015.
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RESOLUTION 254-15 Resolution of Necessity finding that certain areas adjacent to the
established Dubuque Industrial Center Economic Development District meet the
definition of an Economic Development Area under the Urban Renewal Law, that
development of said area is necessary in the interest of the residents of the City of
Dubuque, Iowa, and setting dates of hearing and consultation on a proposed
amendment to the Amended and Restated Urban Renewal Plan for said District
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for
9/8/15
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BOARDS/COMMISSIONS
Appointments to the following commissions to be made at this meeting.
1. Building Code Board of Appeals
One, 3 -year term through August 1, 2018 (expired term of Luchsinger)
Applicant: Richard Luchsinger, 2875 Brueck Rd.
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2. Housing Commission
One, 3 -year term through August 1, 2018 (expired term of McDonell)
Applicant: Robert McDonell, 4050 Peru Rd.
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3. Housing Trust Fund Advisory Committee
One, 3 -year term through August 1, 2018 (expired term of Hingtgen)
Applicant: Doris Hingtgen, 309 Hill St.
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4. Library Board of Trustees — Mayor Appointment
One, 4 -Year term through July 1, 2019 (Vacant term of Boice)
Applicant: Pat Maddux, 1685 Fox Dr.
This commission is subject to the State of Iowa Gender Balance Law. 7 Commissioners
total; currently 2 males/4 females/1 Vacancy
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5. Transit Advisory Board
One, 3 -year term through July 3, 2018 (expired term of Esser)
Applicant: Matt Esser, 90 Main St. Apt 308
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PUBLIC HEARINGS
SUSPEND THE RULES
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1. Rezoning Request - 1500 Block of White Street
Proof of publication on notice of public hearing to consider a request by Gronen
Restoration to rezone the 1500 Block of White Street from R -2A Alternate Two -Family
Residential to District to OC Office Commercial District and the Zoning Advisory
Commission recommending approval.
ORDINANCE 44-15 Amending Title 16 of the City of Dubuque Code of Ordinances,
Unified Development Code, by reclassifying hereinafter described property located at
101 E. 15th Street from R -2A Alternate Two -Family Residential District to OC Office
Commercial District
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
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Final Reading and Adopt
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2. Request to Rezone - 460/464 West Locust Street
Proof of publication on notice of public hearing to consider a request by Louis
Mihalakis/ACE Construction, to rezone property located at 460-464 West Locust Street
from C-1 Neighborhood Commercial District to C-3 General Commercial District and the
Zoning Advisory Commission recommending denial.
ORDINANCE
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, by reclassifying hereinafter described property located at 460-464 West Locust
Street from C-1 Neighborhood Commercial District to C-3 General Commercial District
Suggested Disposition: Receive and File; Concur with Denial; or Motion B, Motion A
S•usPerd-the Readings
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3. Text Amendment - Residential Freestanding Solar Arrays
Proof of publication on notice of public hearing to consider a request by the City of
Dubuque to amend the Unified Development Code to establish procedures for the
review of new freestanding solar arrays and the Zoning Advisory Commission
recommending approval.
ORDINANCE •15 Amending Title 16 of the City of Dubuque Code of Ordinances,
Unified Development Code, by Amending Articles 16-5-2-2 (R-1), 16-5-3-2 (R-2) 16-5-
4.3 (R -2A), 16-5-5.3 (R-3) and 16-5-6.3 (R-4), 16-5-7.3 (OR) and 16-5-9.3 (OC) to
establish maximum area and height requirements for residential freestanding solar
arrays
Suggested Dispos1t.Gon: Recejve and File; Motion B; Mc ti
Suspend the Headings
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4. Southwest Arterial / English Mill Road Reconstruction Project
Proof of publication on notice of public hearing to consider approval of plans,
specifications, form of contract, and estimated cost for the SW Arterial / English Mill
Road Reconstruction Project and the City Manager recommending approval.
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RESOLUTION 255-15 Approval of plans, specifications, form of contract, and estimated
cost for the Southwest Arterial - English Mill Road Reconstruction Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
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REINSTATE THE RULES 0:4.9 5
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ACTION ITEMS
1. SRF Green Alley Project Bid Set 2 - Year 3 Award
City Manager recommending award of the construction contract for the SRF Green
Alley Project Bid Set 2 - Year 3 to the low bidder Drew Cook and Sons Excavating.
RESOLUTION 256-15 Awarding public improvement contract for the SRF Green alley
Bid Set 2 - Year 3 Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
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2. 2015 Bridge Repairs and Maintenance Project Bid Rejection
City Manager recommending rejection of the single bid proposal received for the 2015
Bridge Repairs and Maintenance Project due to a lack of competitive bids and
insufficient funding to proceed with the construction improvements as proposed.
RESOLUTION 257-15 Rejecting competitive bid proposal received for the 2015 Bridge
Repairs and Maintenance Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
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3. Property Acquisition - McFadden Properties, LLP
City Manager recommending approval of the Offer to Buy Real Estate and Acceptance
on behalf of McFadden Properties LLP.
RESOLUTION 258-15 Approving an Offer to Buy and Acceptance for the acquisition of
real estate owned by McFadden Properties, LLP in Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
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4. 2016-2020 Consolidated Plan for Housing and Community Development
City Manager recommending adoption of the FY 2016-2020 Consolidated Plan, the FY
2016 Annual Action Plan and the Analysis of Impediment to Fair Housing.
RESOLUTION 259-15 Adopting the FY 2016-2020 Consolidated Plan for Housing and
Community Development; authorizing the Mayor to execute said Plan and all necessary
certifications; designating the City Manager as the authorized Chief Executive Officer for
the Consolidated Plan; and directing that said Plan be submitted to the U.S. Department
of Housing and Urban Development
Suggested Disposition: Receive and File; Adopt Resolution(s)
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5. Code of Ordinances Amendment - Title 8 Human Rights Commission
City Manager recommending approval of an ordinance which creates a new Title 8,
Chapter 2 which establishes the Human Rights Commission and provides for the
powers, operation, membership and meetings.
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ORDINANCE 45-15 Amending City of Dubuque Code of Ordinances Title 8 Human
Rights by repealing Chapter 2 Human Rights Commission and adopting a new Chapter
2 Human Rights Commission in lieu thereof Establishing the Human Rights Commission
and Providing for the Powers, Operation, Membership, and Meetings
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
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Final Reading and Adopt
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COUNCIL MEMBER REPORTS
PUBLIC INPUT
.:1•Z
CLOSED SESSION p.m.
Pending Litigation and Property Acquisition Pursuant to Chapter 21.5(1)(c), -(j) Code of
Iowa
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ADJOURNMENT
p.m.
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