12 21 15 City Council Agenda ROLL CALL ORDER FOR MEETING OF
December 21,2015
Sutton,Jorge Resnick, Buol, Braig, Connors, Lynch
CRY OF DUBUQUE, IOWA
Jvy OF AV CRY COUNCIL MEETING
Historic Federal Building
ic
350 W. 6th Street
^"A DewMher 21, 2015
Council meetings are vimm streamed live and worried at www.cityottlubuqusorg/metlia and on Dubuque's
CityChannel on the Radial cable system at Channel 8(analog) and 85.2(dig0al).
WORK SESSION
1. 5:15 PM- Source of Income Update Cf
Hcu9Rr1 and Community Development Procter Ann Nash Hwren Funds Procter Kelly Larsen, Assistant City
Atlomey Conte Bramwell and Planning Si Manager Laura Carstens reportng on the pmgresscf the
Source of Intens Conn a halfway trough their twbyeer mudy_
REGULAR SESSION
6:30 PM
PLEDGE OF ALLEGIANCE
PRESENTATIONS)
1. Dubuque-Area Labor Management Council gDALMC)Awards
OALMC Erccubve Oirocter Kelly Cooper to present the 2015 words for
- Greal Hcncr Fell to Mike Felles(Jule Tral and the
-
LaborManagementPartnership Award to Candace Eutleley-Lcebcch(City of Dubuque/Jule Transit) and
Kevin Sayler (Teamsters Local 120)
CONSENT ITEMS
The consent agenda Lima are Constance to be murine and non dentrownsiel and all consent Lima w1ll be Dotingly
voted upon In e single meter wfficur any aeperele discussion on a particular item If you would like to discussers Of
the Concern Items, please go to the microphone and be recognized by the Meyer and afale the item you would like
oral from the Consent Agenda for separate tliacusson and denaitleremn_
1. Minutes and Reports Submitted
City Council Proceedings of PL], 12114, Civil Scrubs Ccmmisson of 1217, Dbrery Board of Trustees of 1 N22
Perk and Fecreetcn Commimuch of 11/10,Zoning Ativicery CcminSncn of 12/2 Prod of Publication Of City
Council ProiiLogo for 11/16, Proof of Publieeten for Delinquent W mys, Sewer, Refuse &Stermv2ler
Dollectcn Accounts of 11/20, 11/27
Suggested Disposition: Recall and File
2. Notice of Claims and Suits
Duane Crows for personal injury, Dean Donath for vehicle tlemege, Suit by Joe Zwel for historical
significance furl sudden
Suggested Disposition: Recall and File; Rotor o 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: Duane Crippes for personal injury, Dean Donath for vehicle
damage, Donna Moeller for personal injury
Suggested Disposition: Receive and File; Concur
4. Compact of Mayors
City Manager transmitting the December 2015 Compact of Mayors newsletter timate Leadership at the Local
Level: Global Impact of the Compact of Mayors.
Suggested Disposition: Receive and File
5. John F. Kennedy and Wacker Signal Replacement Project Acceptance
City Manager recommending acceptance of the construction contract for the John F. Kennedy Road & Wacker
Drive Traffic Signal Replacement Project as completed by Portzen Construction, Inc.
RESOLUTION Accepting the John F. Kennedy Road &Wacker Drive Traffic Signal Replacement Project and
authorizing the payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
6. Acceptance of John F. Kennedy PCC Panel Replacement Project between 32nd Street and NW Arterial
City Manager recommending acceptance of the construction contract for the John F. Kennedy Road PCC Panel
Replacement Project between 32nd Street and NW Arterial as completed by Eastern Iowa Excavating &
Concrete.
RESOLUTION Accepting the John F. Kennedy Road PCC Panel Replacement Project between 32nd Street and
NW Arterial and authorizing the payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
7. Acceptance of Public Improvements-Sky Blue Estates Subdivision
City Manager recommending acceptance of the public improvements that the developer, EKMLLC, has recently
completed in Sky Blue Estates Subdivision.
RESOLUTION Accepting public improvements in the Sky Blue Estate Subdivision in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
8. Novelty Iron Works-4th Amendment to DA
City Manager recommending approval of a 4th Amendment to the Novelty Iron Landlord LLC Development
Agreement in order to modify the parking arrangement by deleting Section 3.1 in its entirety.
RESOLUTION Approving the 4th Amendment to the Development Agreement between the City of Dubuque, Iowa
and Novelty Iron Landlord, LLC
Suggested Disposition: Receive and File; Adopt Resolution(s)
9. First Amendment to Development Agreement for 253 Main Street
City Manager recommending approval of the First Amendment to Development Agreement with Kenneth
Oberbroeckling for redevelopment of 253 Main Street to extend the completion date to March 1, 2016.
RESOLUTION Approving the First Amendment to the Development Agreement between the City of Dubuque,
Iowa and Kenneth Oberbroeckling
Suggested Disposition: Receive and File; Adopt Resolution(s)
10. Restrictive Covenant for 2300 Jackson Street
City Manager recommending approval of a Resolution attaching a Restrictive Covenant to the property at 2300
Jackson Street requiring owner-occupancy for a 21-year period.
RESOLUTION Attaching a Single-Family, Owner-Occupied Residence Restrictive Covenant to 2300 Jackson
Street, Dubuque, IA
Suggested Disposition: Receive and File; Adopt Resolution(s)
11. Platting of City Property in Dubuque Industrial Center South
City Manager recommending approval of the Plat of Survey for Lot 1 and 2 of Dubuque Industrial Center South
Second Addition in the City of Dubuque in order to create two new lots to be marketed for potential development.
RESOLUTION Approving Plat of Survey of Dubuque Industrial Center South Second Addition in the City of
Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
12. Plat of Survey for Dotter Place No. 2
Zoning Advisory Commission recommending approval of the Plat of Survey for Dolter Place No. 2 subject to
waiving the lot area for Lot 1.
RESOLUTION Approving the Plat of Survey for Dotter Place No. 2 in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
13. Pre-Annexation Agreement-Oberbroeckling
City Manager recommending approval of a Pre-Annexation Agreement with Richard A. Oberbroeckling and
Ronald L. Oberbroeckling for property located adjacent to the City of Dubuque corporate city limits and as
established by the City's Fringe Area Development Standards of the Unified Development Code.
RESOLUTION Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and Richard A.
Oberbroeckling and Ronald L. Oberbroeckling
Suggested Disposition: Receive and File; Adopt Resolution(s)
14. Pre-Annexation Agreement-City of Dubuque
City Manager recommending approval of pre-annexation agreements and covenants for the City-owned well and
lagoon parcels in the Twin Ridge Subdivision in Key West.
RESOLUTION Approving a Pre-Annexation Agreement by the City of Dubuque, Iowa (Lot 2, Lot B)
RESOLUTION Approving a Pre-Annexation Agreement by the City of Dubuque, Iowa (Lot 18)
Suggested Disposition: Receive and File; Adopt Resolution(s)
15. PEG Capital Grant Expenditure Request
City Manager recommending approval of the Cable TV Commission's request for funding from the Public,
Educational, and Government(PEG) Capital Grant for Access Equipment and Facilities for the City
of Dubuque to install digital encoding equipment for each PEG channel on the Dubuque system.
Suggested Disposition: Receive and File; Approve
16. Permits Plus Software Upgrade
City Manager recommending replacement of Permits Plus software with the latest cloud-hosted web-based
solution from Accela.
Suggested Disposition: Receive and File; Approve
17. National League of Cities(NLC) Financial Inclusion Cohort Application
City Manager transmitting the National League of Cities (NLC) Financial Inclusion Cohort application in
partnership with Project HOPE.
Suggested Disposition: Receive and File
18. Water Infrastructure Resiliency Finance Center
City Manager transmitting correspondence to the Iowa Department of Natural Resources regarding Dubuque
volunteering to participate in the EPA-Funded Water Infrastructure Resiliency Finance Center pilot program.
Suggested Disposition: Receive and File
19. City Assessor's Office- Notification of Property Tax Appeals
Correspondence from City Assessor Rick Engelken advising the City of four property tax appeals before the
Iowa Property Assessment Board.
Suggested Disposition: Receive and File
20. Civil Service Commission
Civil Service Commission submitting the re-certified list for the position of Firefighter.
Suggested Disposition: Receive and File; Make Matter of Record
21. Improvement Contracts/ Performance, Payment and Maintenance Bonds
Connolly Construction, Inc., for the 2015 SCADA(Flow Metering Stations) Manhole Installation Project.
Suggested Disposition: Receive and File; Approve
22. Signed Contracts
Amendment#4 to the Recyclables Processing and Marketing Agreement between the Dubuque Metropolitan
Area Solid Waste Agency (DMASWA), Dittmer Recycling and the City of Dubuque
Suggested Disposition: Receive and File
23. Alcohol License Applications
City Manager recommending approval of annual beer, liquor 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. SW Arterial Right of Way Property Acquisition
City Manager recommending the City Council schedule a public hearing for January 19, 2016, on the intent to
commence a public improvement project and to establish Just Compensation Valuation (Fair Market Value) of
necessary right-of-way property which the City intends to acquire or condemn, if required, for the Southwest
Arterial Project.
RESOLUTION Setting a public hearing on the intent to commence a public improvement project for the
Southwest Arterial Project and to acquire agricultural land for the Project and to establish just compensation
valuation (fair market value) of necessary right-of-way property which the City intends to acquire or condemn if
required for the Southwest Arterial Project
Suggested Disposition:
Receive and File; Adopt Resolution(s), Set Public Hearing for 1/19/16
BOARDS/COMMISSIONS
1. Boards and Commissions Application Review
Applicants are invited to address the City Council regarding their desire to serve on the following
Boards/Commissions. Applicant appointments will be made at the next City Council meeting.
Electrical Code Board
One, 3-year term through May 21, 2017 (Vacant Electrical background term of Reiss)
Applicant:
Zach Dowell, 2055 Winne Ct.
2. Board and Commission Appointments
Appointments to the following commissions to be made at this meeting.
Mechanical Board
One, 3-year term through March16, 2016 (Vacant term of Kelly)
Applicant:
Dan Hillary, 3087 Arbor Oaks
Mediacom Charitable Foundation
Two, 1-year terms through December 31, 2016 (Expired terms of Chavenelle and Twining)
Applicants:
Gail Chavenelle, 1155 Kelly Lane
Connie Twining, 421 N. Booth (additional Applicant)
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.
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
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. Historic Millwork District PUD Amendment - Northwest Corner of Elm and 11th Streets.
Proof of publication on notice of public hearing to consider a request from JD &C, LLC to amend the Historic
Millwork District Planned Unit Development for properly located at the northwest corner of Elm& 11th Streets to
accommodate an off-street parking lot and the Zoning Advisory Commission recommending approval.
ORDINANCE Amending Title 16, the Unified Development Code of the City of Dubuque Code of Ordinances by
rescinding Ordinances 02-12, 38-13, and 10-15 which established regulations for a PUD Planned Unit
Development District with a Planned Commercial Designation for the Historic Millwork District PUD and now
being amended to allow for the development of a new parking lot at the northwest corner of 11th and Elm
Streets
Suggested Disposition: Receive and File; Motion B; Motion A
2. Request to Rezone-2222 Queen Street
Proof of publication on notice of public hearing to consider a request by Cohen-Esrey Affordable Partners to
rezone property located at 2222 Queen Street from R-2A Alternate Two-Family Residential District to OR Office
Residential 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 2222 Queen Street from R-2A Alternate Two-Family
Residential District to OR Office Residential District
Suggested Disposition: Receive and File; Motion B; Motion A
3. General Obligation Bonds Series 2016BC - Essential Corporate Purpose
Proof of publication on notice of public hearing to approve the suggested proceedings for the public hearing on
the issuance of General Obligation Bonds Series 2016BC and the City Manager recommending approval.
RESOLUTION Instituting proceedings to take additional action for the issuance of not to exceed $15,555,000
General Obligation Bonds
Suggested Disposition: Receive and File; Adopt Resolution(s)
4. General Obligation Bonds Series 2016ABC -General Corporate Purpose
Proof of publication on notice of public hearing to consider approval of the suggested proceedings for the
public hearing on the issuance on the issuance of not to exceed $505,000 in Tax-Exempt General Obligation
Bonds Series 2016ABC and the City Manager recommending approval.
RESOLUTION Instituting the proceedings to take additional action for the issuance of not to exceed $505,000
General Obligation Bonds
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. Request to Address Council from the Alternative Learning Center Students
Request from the students of the Alternative Learning Center to address the City Council regarding what they
have learned this semester about Sustainable Dubuque.
Suggested Disposition: Receive and File; Council
2. Name Change Proposal- Multicultural Family Center Building(Tabled from 9/21/15)
Correspondence from the Multicultural Family Center Board President John Stewart supporting the renaming of
1157 Central Avenue to the"Ruby Sutton Building."
City Manager submitting information on potential costs related to the proposed name change.
Suggested Disposition:
1) Remove from Table; 2) Receive and File, Council
3. Human Rights Commission Recommendations on Criminal Justice
Human Rights Commission submitting its recommendations on criminal justice.
Suggested Disposition: Receive and File
4. Poison Free Parks Info and Call to Action Cl,
City Manager recommending the formation of a City Work Group to draft an Integrated Pest Management Plan
for the city to be presented to the City Council for approval by J my 1, 2015. It is also recommended that the
Park and Recreation Commission as well as the Environmental Stewardship Advisory Commission appoint one
representative each to the work group.
Suggested Disposition: Receive and File; Approve
5. Donation Requests and Bench Agreements for 2 New Benches on Riverwalk
City Manager transmitting two agreements for approval by the City Council for two new memorial benches on
the IZverwalk.
Suggested Disposition: Receive and File; Approve
6. Bee Branch Creek Restoration Project Property Acquisition -2496 Washington Street
City Manager recommending the City Council establish the fair market value of the property owned by Morrison
Brothers on Washington Street between E. 24th Street and E. 25th Street, authorize the City Manager to begin
negotiations to acquire the property required for the Bee Branch Creek Restoration Project, and
approve authorization to acquire the property through eminent domain proceedings should negotiations fail.
RESOLUTION Establishing the fair market value and authorizing the acquisition by Eminent Domain of Certain
Real Property owned by Morrison Brothers in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
7. J. Thomas Zaber vs. City of Dubuque- Franchise Fees Litigation
City Manager recommending that the Mayor and City Council designate any remaining funds following
distribution from the Settlement Fund from J. Thomas Zaber vs. City of Dubuque franchise fee litigation be used
to reduce the principal of the Judgment Bond.
RESOLUTION Providing that any unclaimed funds in the escrow account from the Franchise Fee Class Action
Settlement in Zaber V. City of Dubuque be used for payment of the Judgment Bond
Suggested Disposition: Receive and File; Adopt Resolution(s)
8. Wisconsin Independent Network, LLC (WIN) Co-location and Shared Services Agreement
City Manager recommending approval of a Co-Location and Shared Services Agreement between the City of
Dubuque and Wisconsin Independent Network, LLC.
Suggested Disposition: Receive and File; Approve
9. Request for Work Session - Dubuque Area Convention and Visitors Bureau
City Manager requesting approval to schedule a work session on February 15, 2016, at 5:15 p.m. with the
Dubuque Area Convention and Visitors Bureau.
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), -Q) Code of Iowa
ADJOURNMENT