7 20 15 City Council Agenda ROLL CALL ORDER FOR MEETING OF
July 91, 2015
Lynch, Resnick, Sudan, Seel, Jones, Bralg, Connors
CITY OF DUBUQUE, IOWA
`4V OF Op, CITY COUNCIL MEETING
Historic Federal Building
m 1 C 350 W. 6th Street
July 20,2015
Council meemngs are video streamed live and archived atwomecityoftlubuqueorg/media and on Dubuque's
CityCbannel on the Med acorn cable system at Channel (analog) and 85.2 (digitap.
RE GUI-AR SESSION
6:30 PM
PLEDGE OF ALLEGIANCE
PROCUM TIONS)
1. Dubuque County Fair Week (July 28-August 2, 9115)
2. Americans with DisabifEes Act(ADA) 25tb A nniversary (July 26,2015)
CONSENT ITEMS
The consent agenda items are considered to be Future and non controversial and all consent items will be normally voDd
upon In a single motion wltlnoutany separate discussion on a particular item If youwoultl like to discuss one of the Consent
Items, please go to tine microphone and be recognized by tine Mayor and statethe item youwould like removed from the
Consent Agenda for separate discussion and consideration.
1. Minutes and Reports Submitted
City Council Proceedings of 7/6 Cltil Service Com misalon of 6/14', Human Rights Commisslon of 6/2, 6/8 Library Board of
Tms@es 15/28 Library Boom of Trustee Uscare of 7/1 Pah:and Recreation Adm saw Commission of 6/9', Zoning
Advisory Commisslon of 7/1 Zoning B card of AdjusOn ent of 6/29 Proof of Publication for City Counci l PmcReturns of 6/15',
Pmet of Publication tar List of Claims and Summary of Revenues for Monto Ended 931
S uggeste0 Disposition: Receive and File; Approve
2. Novato M Claims and Suits
Linda Schoenbergerfor property damage; Cry of Dubuque vs Jerryl Gesie d at Cry of Dubuque vs. Jesse Pans of at
Cry of Dubuque vs Blake and Linda Smellenberg of at
Suggested Disposition: Receive and File; Roberto City Aftomey
3. Disposition of Claims
CIH AMmey 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 loss; Linda Schoenberger
for property damage
Suggested Disposition: Receive and File; Concur
4. Sustimable Dubuque Community Grant Recommendations
City Manager recommending approval of flue grant requests from the Sustainable Dubuque Community Grant program.
Suggested Disposition: Receive and File; Approve
B. Requestfor 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 Requestfor 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 Mtlwest 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
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 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
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 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 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
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
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 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 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)
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 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 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)
ITEMS SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date indicated.
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 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 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.
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
BOARDS/COMMISSIONS
1. Boards and Commissions -Appointment of Applicants
Appointments to the following commissions to be made at this meeting.
Building Code Board of Appeals
One, 3-year term through August 1, 2018 (expired term of Luchsinger)
Applicant:
Richard Luchsinger, 2875 Brueck Rd.
Housing Commission
One, 3-year term through August 1, 2018 (expired term of McDonell)
Applicant:
Robert McDonell, 4050 Peru Rd.
Housing Trust Fund Advisory Committee
One, 3-year term through August 1, 2018 (expired term of Hingtgen)
Applicant:
Doris Hingtgen, 309 Hill St.
MAYOR APPOINTMENT
Library Board of Trustees
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 females11 Vacancy
Transit Advisory Board
One, 3-year term through July 3, 2018 (expired term of Esser)
Applicant:
Matt Esser, 90 Main St. Apt 308
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. 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 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
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
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 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 Disposition: Receive and File; Motion B; Motion A
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.
RESOLUTION 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)
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. 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 Awarding public improvement contract for the SRF Green alley Bid Set 2 -Year 3 Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
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 Rejecting competitive bid proposal received for the 2015 Bridge Repairs and Maintenance Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
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 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)
4. 2016-2020 Consolidated Plan
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 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)
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.
ORDINANCE 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
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 Pursuant to Chapter 21.5(1)(c), -Q) Code of Iowa
ADJOURNMENT