12 7 15 Clerk's Skeleton Notes and Meeting CallCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on December 7, 2015
in the Historic Federal Building, 350 W. 6th Street.
(Present: Mayor Pro-Terr`P'Sutton; Council Members Vaig, Confiors, Joies Ly`hch,
esnick; City Managen Milligen, City Attor Lindahl
}c6sent: Mayor Buol
Mayor Pro -Tem Sutton 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
1
CONSENT ITEMS
Yays
Nays
Connors
Braig
v�f
Buel
Jones
Lynch
Resnick
Sutton
1. Minutes and Reports Submitted
Cable TV Commission of 10/14; City Council Proceedings of 11/16; Historic
Preservation Commission of 11/19; Library Board of Trustees Update of 11/19; Sister
City Relationships Advisory Commission of 11/18; Zoning Board of Adjustment of 11/19;
Proofs of Publication for City Council Proceedings of 11/2; Proofs of Publication for List
of Claims and Summary of Revenues for Months Ending 9/20, 10/31
Suggested Disposition: Receive and File
2. Notice of Claims and Suits
Matt Daykin for vehicle damage, Shannon Martin for property damage, Donna Moeller
for personal injury
Suggested Disposition: Receive and File; Refer to City Attorney
3. SCADA Manhole Installation Project Award
City Manager recommending award of the construction contract for the 2015 SCADA
(Flow Metering Stations) Manhole Installation Project to the low bidder, Connolly
Construction, Inc.
RESOLUTION 404-15 Awarding public improvement contract for the SCADA (Flow
Metering Stations) Manhole Installation Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
4. 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: Matt Daykin for
vehicle damage; Shannon Martin for property damage; Betty Tigges for loses related to
eminent domain
Suggested Disposition: Receive and File; Concur
2
Yays
Nays
Connors
Braig
Buol
Jones
Lynch
Resnick
Sutton
5. Abstract of Votes - 2015 General Election
Dubuque County Supervisors submitting the Abstract of Votes from the November 3,
2015 General Election.
Suggested Disposition: Receive and File
6. Paragon Square and Marquette Place Senior Housing Projects - Letters of
Commitment
City Manager recommending approval of two letters of financial support for senior
housing projects in downtown Dubuque by Paragon Square Senior Housing, LLLP at
2887-2901 Central Avenue (former Holy Ghost School) and Marquette Hall, LLC at
2222 Queen Street (former Sacred Heart School).
Suggested Disposition: Receive and File; Approve
7. Acceptance of Asphalt Overlay Access Ramp Project One
City Manager recommending acceptance of the construction contract for the 2015
Asphalt Overlay Access Ramp Project One as completed by Midwest Concrete, Inc.
RESOLUTION 405-15 Accepting the 2015 Asphalt Overlay Project Curb Access Ramps
Project One and authorizing the payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
8. Acceptance of Asphalt Overlay Access Ramp Project Two
City Manager recommending acceptance of the construction contract for the 2015
Asphalt Overlay Access Ramp Project Two as completed by Midwest Concrete, Inc.
RESOLUTION 406-15Accepting the 2015 Asphalt Overlay Project Curb Access Ramps
Project Two and authorizing the payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
3
Yays
Nays
Connors
Braig
Buol
Jones
Lynch
Resnick
Sutton
9. Acceptance of Asphalt Overlay Access Ramp Project Three
City Manager recommending acceptance of the construction contract for the 2015
Asphalt Overlay Access Ramp Project Three as completed by Midwest Concrete, Inc.
RESOLUTION 407-15 Accepting the 2015 Asphalt Overlay Project Curb Access Ramps
Project Three and authorizing the payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
10. Acceptance of SRF Green AIIey Project Bid Set 1 - Year 2
City Manager recommending acceptance of the construction contract for the SRF Green
AIIey-Bid Set 1 Year 2 Project as completed by Drew Cook and Sons Excavating and
adopting the Final Schedule of Assessments.
RESOLUTION 408-15 Accepting the SRF Green AIIey Project - Bid Set 1 Year 2 and
authorizing the payment of the contract amount to the contractor
RESOLUTION 409-15 Adopting the Final Assessment Schedule for the SRF Green
AIIey Project Bid Set 1 Year 2
Suggested Disposition: Receive and File; Adopt Resolution(s)
11. Acceptance of Sanitary Sewer Main Improvements - Arbor Estates No. 2
City Manager recommending acceptance of the public improvements that the
developer, Riverdream Properties LLC, has recently completed in Arbor Estates No. 2.
RESOLUTION 410-15 Accepting public improvements in Arbor Estates No. 2 in the City
of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
4
Yays
Nays
Connors
Braig
Buol
Jones
Lynch
Resnick
Sutton
12. Acceptance of Fire Station #4 Improvements - Mechanical & Restroom
Upgrade Project
City Manager recommending acceptance of the construction contract for the Fire
Station #4 Improvements — Mechanical and Restroom Upgrade Project, as completed
by Maryville Construction Company.
RESOLUTION 411-15 Accepting the Fire Station No. 4 - Mechanical & Restroom
Upgrade Project and authorizing the payment to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
13. Acceptance of Public Roadway Improvements at John F Kennedy Road and
West 32nd Street
City Manager recommending acceptance of the public roadway improvements that the
developer, Kivlahan Farms L.C., has recently completed at the intersection of John F.
Kennedy Road and West 32nd Street.
RESOLUTION 412-15 Accepting public roadway improvements at JFK Road and West
32nd Street in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
14. Weaver Castle, LLC Amendment to Development Agreement for 1576-1578-
1580 Locust Street
City Manager recommending approval of the 2nd Amendment to Development
Agreement with Weaver Castle, LLC for 1576-1578-1580 Locust Street extending the
completion date to April 30, 2016.
RESOLUTION 413-15 Approving the Second Amendment to the Development
Agreement between the City of Dubuque, Iowa and Weaver Castle, LLC
Suggested Disposition: Receive and File; Adopt Resolution(s)
5
Yays
Nays
Connors
Braig
B uel
Jones
Lynch
Resnick
Sutton
15. Weaver Castle, LLC Amendment to Development Agreement for 324-326 W.
Locust Street
City Manager recommending approval of the Second Amendment to Development
Agreement with Weaver Castle, LLC to allow the developer to be paid the Downtown
Housing Incentive for an additional apartment at 324-326 W. Locust Street.
RESOLUTION 414-15 Approving the Second Amendment to the Development
Agreement between the City of Dubuque, Iowa and Weaver Castle, LLC
Suggested Disposition: Receive and File; Adopt Resolution(s)
16. Appeal of Claim by Frank Vlach
City Attorney recommending denial of the appeal of a claim against the City by Frank
Vlach for vehicle damage.
Suggested Disposition: Receive and File; Concur
17. Sewershed 10 Corrective Action Plan and Submittal of Reports
City Manager recommending approval of and authorization for the City Manager to
certify the Corrective Action Plan for Sewershed 10 and submittal of the certified report
to the U.S. Department of Justice, U.S. Environmental Protection Agency and the Iowa
Department of Natural Resources.
Suggested Disposition: Receive and File; Approve
18. Swimming Pool Concessions Staffing
City Manager recommending approval of the addition of staffing in the amount of .479
Full Time Equivalent (FTE's) for Fiscal Year 2016 and 1.44 FTEs in the future budgets
for the purpose of operating the concession stands at Flora and Sutton Pools.
Suggested Disposition: Receive and File; Approve
6
Yays
Nays
Connors
Braig
Buot
Jones
Lynch
Resnick
Sutton
19. Water Department - Request to Create a Separate Civil Service Classification
City Manager recommending approval to eliminate one Equipment Operator II position
and create one Water Distribution Equipment Operator position in the Water
Department.
Suggested, Disposition: Receive and File; Approve
20. Freshwater Mussels and the Renewal of the Dubuque Ice Harbor
City Manager transmitting information from the U.S. Fish and Wildlife Service Midwest
Region about Freshwater Mussels and the renewal of the Dubuque Ice Harbor.
Suggested Disposition: Receive and File
21. Dubuque Intermodal Transportation Center (DITC) Signage
Historic Preservation Commission recommending approval of the internally illuminated
electronic message center sign for the DITC parking ramp, as submitted, with
suggestions.
Suggested Disposition: Receive and File; Approve
22. Holy Family School District - DARE Agreement
City Manager recommending approval of the Fiscal Year 2015/2016 Drug Abuse
Resistance Education (DARE) Agreement between the City of Dubuque Police
Department and the Holy Family School District.
Suggested Disposition: Receive and File; Approve
23. Bee Branch Creek Flood Control Pumping Station Gates and Primary
Electrical Service Replacement Project
City Manager recommending the City enter into an agreement with IIW, P.C. for design
and engineering services, including the alternative design analysis, for the Bee Branch
Flood Control Pumping Station Gates and Primary Electrical Service
Replacement Project.
Suggested Disposition: Receive and File; Approve
7
Yays
Nays
Connors
Braig
Buof
Jones
Lynch
Resnick
Sutton
24. U.S. EPA Urban Waters Small Grant Application
City Manager recommending approval of an application for U.S. EPA Urban Waters
Small Grant in order to secure funding to identify the source of the E. coli bacteria found
in the Bee Branch Creek and establishing the City Manager as an authorized
representative of the City regarding the grant.
RESOLUTION 415-15 Approving an application for water monitoring and establishing
the City Manager as an authorized representative regarding the agreement between the
U.S. Environmental Protection Agency and the City of Dubuque, Iowa for Urban Waters
Small Grant
Suggested Disposition: Receive and File; Adopt Resolution(s)
25. Total Administrative Services Corporation Flexible Spending Plan Fee
Renewal
City Manager recommending approval of the administrative services fee proposed by
Total Administrative Services Corporation for the flexible spending plan effective
January 1, 2016, through December31, 2016.
Suggested Disposition: Receive and File; Approve
26. Iowa Scenic Byways Jurisdiction Agreement
City Manager recommending authorization for the Mayor to execute a Jurisdiction
Agreement with the Iowa Department of Transportation for the Iowa Scenic Byways
Program to remove and replace the Iowa Great River Road signs.
RESOLUTION 416-15 Approving a Jurisdiction Agreement between the City of
Dubuque and the Iowa Department of Transportation for the Iowa Scenic Byways
Program to remove and replace the Iowa Great River Road signs
Suggested Disposition: Receive and File; Adopt Resolution(s)
8
Yays
Nays
Connors
Braig
B uel
Jones
Lynch
Resnick
Sutton
27. SW Arterial Supplemental Agreement No. 15
City Manager recommending authorization for the City Manager to execute the
Consultant Professional Services — Supplemental Agreement with AECOM Technical
Services, Inc. for the final engineering design phase of the Southwest Arterial Project,
subject to the concurrence of the Iowa Department of Transportation.
RESOLUTION 417-15 Approving the Consultant Professional Services - Supplemental
Agreement No. 15 between AECOM Technical Services, Inc., and the City of Dubuque
for the completion of final engineering design phase of the Southwest
Arterial Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
28. Civil Service Commission
Civil Service Commission submitting the Certified Lists for the positions of Firefighter
and Mechanic.
Suggested Disposition: Receive and File; Make Matter of Record
29. Community Development Block Grant (CDBG) Annual Action Plan FY 2016
Amendment 2
City Manager recommending approval of the Fiscal Year 2016 Community
Development Block Grant Annual Action Plan — Amendment 2 that reallocates funds
from the prior Fiscal Year 2015 Annual Plan into the Fiscal Year 2016 Annual Plan and
reprograms funds for existing and new projects.
RESOLUTION 418-15 Approving Fiscal Year 2016 (Program Year 2015) Annual Action
Plan Amendment 2 for Community Development Block Grant (CDBG) Funds
Suggested Disposition: Receive and File; Adopt Resolution(s)
30. Fiscal Year 2017 Annual TIF Report
City Manager transmitting the Annual Tax Increment Financing Report for Fiscal Years
2017 that has been filed with Dubuque County Auditor Denise Dolan.
Suggested Disposition: Receive and File
9
Yays
Nays
Connors
Braig
duet
Jones
Lynch
Resnick
Sutton
31. State of Iowa Annual Financial Report FY 2015
City Manager recommending approval of the City of Dubuque Fiscal Year 2015 Annual
Financial Report.
Suggested Disposition: Receive and File; Approve
32. South Fork Streambank Restoration Project
City Manager recommending the award of the South Fork Streambank Project to MSA
Professional Services for the purposes of survey, design and construction inspections.
Suggested Disposition: Receive and File; Approve
33. Improvement Contracts / Performance, Payment and Maintenance Bonds
IDOT/Portzen Construction for the Upper Bee Branch Creek Mississippi River Trail; Top
Grade Excavating, Inc., for the 2015 Sewershed 7 & 10 Brick Manhole Replacement
Project
Suggested Disposition: Receive and File; Approve
34. Alcohol Compliance Civil Penalty for Alcohol License Holder — Neighbor's Tap
City Manager recommending approval of the Acknowledgment/Settlement Agreement
for an alcohol compliance violation for Neighbor's Tap, 1899 Rockdale Road.
Suggested Disposition: Receive and File; Approve
35. Alcohol Compliance Civil Penalty for Alcohol License Holder — Pizza Hut
City Manager recommending approval of the Acknowledgment/Settlement Agreement
for an alcohol compliance violation for Pizza Hut #4691, 320 East 20th Street.
Suggested Disposition: Receive and File; Approve
10
Yays
Nays
Connors
Braig
Buot
Jones
Lynch
Resnick
Sutton
36. Alcohol License Applications
City Manager recommending approval of annual beer, liquor and wine licenses as
submitted.
RESOLUTION 419-15 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)
11
ITEMS SET FOR PUBLIC HEARING
1. General Obligation Bond Series 2016ABC - General Corporate Purpose
City Manager recommending that a public hearing be set for December 21, 2015, on the
proposition of selling not to exceed $505,000 in Tax -Exempt General Obligation Bonds,
the proceeds of which will be used to pay costs of roof improvements to the Historic
Federal Building and tuck -pointing at the Ham House.
RESOLUTION 420-15 Fixing date for a meeting on the proposition of the issuance of
not to exceed $505,000 General Obligation Bonds of the City of Dubuque, State of Iowa
(for General Corporate Purposes), and providing for publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for
12/21/15
2. General Obligation Bonds Series 2016BC - Essential Corporate Purpose
City Manager recommending that a public hearing be set for December 21, 2015, on the
proposition of selling not to exceed $15,555,000 in Tax -Exempt General Obligation
Bonds, the proceeds of which will be used to pay costs of Airport New Terminal
improvements, sanitary sewer improvements, water system improvements, and refund
previously issued general obligation bonds.
RESOLUTION 421-15 Fixing date for a meeting on the proposition of the issuance of
not to exceed $15,555,000 General Obligation Bonds of the City of Dubuque, State of
Iowa (for Essential Corporate Purposes), and providing for publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for
12/21/15
Yays
Nays
Connors
t"----
Braig
Buell
Jones
- /
Lynch
,,
Resnick
yam`. `
Sutton
12
BOARDS/COMMISSIONS
Boards and Commission Applicant Review.
Applicants were invited to address the City Council regarding their desire to serve on
the following Boards/Commissions.
1. Mechanical Board
One, 3 -year term through March 16, 2016 (Vacant term of Kelly)
Applicant - Dan Hillary, 3087 Arbor Oaks 40,
2. Mediacom Charitable Foundation
One, 1 -year term through December 31, 2016 (Expired terms of Chavenelle)
Applicant - Gail Chavenelle, 1155 Kelly Lane
3. Transit Advisory Board
One, 3 -year term through July 30, 2017 (Vacant term of Stedman)
Applicants:
Joel Lightcap, 1985 Alta Vista St.
Dora Serna, 2160 Marion St. ,
4. Zoning Board of Adjustment
One, 5 -year term through March 25, 2020 (Expired term of Bird)
Applicants:
Keith Ahlvin, 264 S. Grandview
Eugene Bird, 3985 Mount Vail Ridge.
This commission is subject to the State of Iowa Gender Balance Law. 5 Commissioners
total; currently 2 males/2 females
13
ACTION ITEMS
6)0
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: Receive and File
Yays
`
Nays
Connors
IV
,--9._
Braig
B-uo!
Jones
Lynch
'
,
Resnick
/
Sutton
ter, ? wee
/ie
viol m84/#�depti "91 - ;Re_
4o6
„ ‘,6/'
7,%
4//46 2_
fi al/
01 690/Ml
'ffm
AY6 9i� .
NOW- /
6 ViO
tae- A
62°i/ -,7d
7')bD 'yam/'
14
)vpi - Ark -
4, 94- I fix
mf,/ RN/kin
/04.
144,4
k //144
-�y/7//
7492-
2.
Bee Branch Creek - Basin Overlook & 22nd Street Parking Lot Project Award
City Manager recommending award of the construction contract for the Bee Branch
Creek — Basin Overlook & 22nd Street Parking Lot Project to the low bidder, Portzen
Construction, Inc., subject to Iowa Department of Transportation approval.
RESOLUTION 422-15 Awarding the public improvement contract for the Bee Branch
Creek - Basin Overlook & 22nd Street Parking Lot Project, Iowa DOT Project No. TAP -
U -2100(683)--81-31
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
Nays
/
Connors
),,®°'l
Braig
Buck
Jones
Lynch
.
Resnick
V
Sutton
/7071
Mil
/46
.141
ita/k/46
15
f
a4g 5 Alf fe/7/F
1797/1".,k7
d947'
voi;*
Wativ,
3. Transit Bus Storage Facility Project Consultant Selection
City Manager recommending approval of the selection of Kueny Architects to provide
architectural design, engineering and construction administration services for the City of
Dubuque — Transit Bus Storage Facility Project and provide authority to negotiate an
agreement and execute a contract.
Suggested Disposition: Receive and File; Approve
Yays
Nays
-''
Connors
1/
Braig
Bret
Jones
1
Lynch
IV
,.
Resnick
?
Sutton
saw -
16
/iees we/eddy:4
,/a/(//w tofie/Ae)
/4;/5/-
imbge
it/ iaqikt/A/1_4"
Cte
7,6
4. EPA Brownfield Area -Wide Planning Grant - Service Contract
City Manager recommending approval to enter into a contract with Shive Hattery, Inc.,
for the administration of the 2015 Environmental Protection Agency Brownfields Area -
Wide Planning Cooperative Agreement.
RESOLUTION 423-15 Authorizing the City Manager to negotiate a contract with Shive
Hattery, Inc., for grant administration for the 2015 Environmental Protection Agency
Brownfields Area -Wide Planning Cooperative Agreement
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
Nays
,,�'' ,.
Connors
Braig
Buef
Jones
Lynch
j7
Resnick
Sutton
17
5. 100 Resilient Cities Challenge
City Manager recommending approval of the City of Dubuque's application to the
Rockefeller Foundation's 100 Resilient Cities Challenge.
Suggested Disposition: Receive and File; Approve
Yays
Nays
V /
Connors
Braig
Buel
Jones
Lynch
Resnick
/7"'
Sutton
—'7
no -74/
-4 %pied
dro
M-fri
IP /tie/0
i/k1
/41
doizo*--
frfdi
kia/i
detleadin
1
•
z6*/
94i ga$//e
kb/
6. Code of Ordinances Amendment - Title 10 Public Ways and Property Permit
Requirements
City Manager recommending approval of an ordinance revising Section 10-3D-2 Permit
Requirements; Fees, authorizing the City Manager to establish the fee amounts for
accessibility -related encroachments or encroachments that benefit the public.
ORDINANCE 73-15 Amending City of Dubuque Code of Ordinances Title 10 Public
Ways and Property, Chapter 3 Encroachments on Public Places, Article D other
Encroachments, Section 10-3D-2 Permit Requirements; Fees to clarify how fees are set
and for consistency with other codes
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the. Readings
Yays
Nays
Connors
Braig
Buot
Jones
Lynch
Resnick
Sutton
Final Reading and Adopt
Yays,
Nays
V
Connors
Braig
BIAGI
Jones
Lynch
Resnick
Sutton
�:,;
7l� 91167o
0A/00,14,
0/1/2/41
11
474
19
7. Code of Ordinances Amendment - Title 2 Housing Commission
City Manager recommending approval of an ordinance that amends Section 2-5B-5 to
reduce the number of cross representatives to be consistent with the Housing Trust
Fund Advisory Committee.
ORDINANCE 74-15 Amending City of Dubuque Code of Ordinances Title 2 Boards and
Commissions, Chapter 5 Housing Agency and Community Development Commissions,
Section 2-5B-5 Membership by reducing the number of cross representatives to be
consistent with the Housing Trust Fund Advisory Committee
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Read'ngs
Yays
Nays
Nays
Connors
,i
L,-'
Braig
Bue4
Jones
Bue4
Lynch
Jones.
Resnick
Sutton
1rr/7
b./Z)
Final Reading and Adopt
Yays
Nays
,i
Connors
Braig
Bue4
pre
Jones.
Lynch
Resnick
Sutton
20
b--29
COUNCIL MEMBER REPORTS
Xit
PUBLIC INPUT 0
CLOSED SESSION ✓ _ p.m.
Pending Litigation and Property Acquisition — Chapter 21.5(1)(c), -(j) Code of Iowa
Yays
Nays
Connors
v7-
Braig
not
,%a
Jones
i-----',
Lynch
Lynch
Resnick
Resnick
Sutton
Sutton
ADJOURNMENT
p.m.
Yays
Nays
Connors
Braig
Bu -sal
Jones
Lynch
Resnick
,/
Sutton
21
TO: Kevin S. Firnstahl, City Clerk
You are hereby directed to call a regular session of the City Council to be
held on Monday, December 7, 2015 at 6:30 PM in the Historic Federal Building for
the purpose of conducting such business that may properly come before the City
Council.
t i'ynn V. Sutton, Mayor Pro -Tem
Consent Items: Pgs. 1-5